Missed small claims court date; plaintiff has a frivolous case & I have proof I'm right. Plaintiff suing me.?

Question

Bought house 12/08; shed left for 6 months on property after multiple tele calls to remove. After 6 months plaintiff suing me for $1500 (cost of shed). Filed an appeal.

Answer 1

The question is ambiguous. Did you purchase the property or did the plaintiff? I assume you purchased the property and the seller (plaintiff) failed to remove the shed after you took possession.

Two answers:

1). If the shed is on the ground (I assume it is), it's considered real property, not personal property. Difference is that real property cannot be picked up and moved and it's permanently attached to the house or land. Even if it's just sitting on the ground, it's real property.

Example: When you sell your house and want to take a special chandelier in the dining room with you that you bought and installed, it has to be specifically mentioned in the contract that you will remove it and take it, otherwise it stays, therefore the shed is yours. If the seller leaves a lawnmover in the garage after you buy the house, it's personal property and unless specifically stated in the contract that all personal property remaining in the house after close of escrow is yours, it remains the sellers.  If after a reasonable attempt (usually 30-60 days, with notice) to have the seller remove the lawnmover, it becomes yours (abandoment of personal property). One of my clients got a 65 Mustang left in the garage that way.

Real property is your when you bought the house! Your Realtor should have alerted you to your rights regarding the shed.

2. Missing a court date

In California, a small case appeal takes place in the superior court, not small claims court, and it's considered a new case in front of a real judge in a real court room. Meaning the whole trial is re-heard as if the small claims trial never happened. Both sides have to prove their positions all over again. Small claims courts often have "judge pro-temp" who are lawyers, not real judges, or not commissioners. They lack the experience of real judges/commissioners who hear cases all day long. I always refuse to have a pro-temp hear my case and request a commissioner, which has to be granted.

You should also file a counter-suit and charge him land rent, maintenance of the shed and portion of home owner's insurance which include liability in case anyone is injured in the shed.

Lastly, he's estimate for the cost of the shed cannot be the purchase price he paid, or the price of a new shed. It has to be the depreciated value for the lenght of time it was on the property.

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Answer 2

Phone calls are a he said-she said situation.  You should have a) sent a written notice with a certified return receipt to prove it and b) showed up for your court date.

Most of the time, when you buy a house, unless there is something in writing to the contrary, you buy it "as is," including everything left on the property.  Once you bought the house, the shed should have been yours to do with what you wanted, along with any contents inside.  You probably have the law on your side, though missing a court date doesn't always bode well.

Call your real estate agent and ask him/her about the contract.  That should settle most of the confusion.

Answer 3

If you failed to show, they probably got a default judgment.  You may be hard pressed to overturn that unless you have a really good excuse, like you were in a coma in the hospital.

Answer 4

The judge will not let you appeal as you did not show.

Answer 5

since you missed the court date i doubt you will win unless you can proove it was due to a family emergency of some sort. missing court looks extremly bad and chances are they got a default judgement.

Answer 6

If you didn't show up the plaintiff won. Get out the check book.