Shall I pay for the Judge’s mistake?

I have a property and its title was held by a LLC. Due to the tenant’s failing to pay her rent, I file an eviction in Superior court of California, Alameda county in October, 2008. After the tenant was evicted, I filed the default court judgment for the rent recovery in December, 2008. Judge Frank Roesch was assigned to the case. After I had worked with Judge Frank Roesch for more than six months, he suddenly told me that awarding me the eviction judgment was the court’s mistake, and working with me for the default court judgment was anther mistake. He said I could not represent a LLC. What a mistake is it? In last ten months, I have filed and revised the court papers for more than 10 forms, and I clearly stated that I was not an attorney in every form, Had Judge Frank Roesch ever reviewed any of the forms I submitted?

If the law does not allow me to represent my LLC, the court should reject my filing at the beginning, then, I might just transferred the ownership to my name immediately, and reissue another 3-day notice. In that case, all my loss is a 3-4 days of time. But now? Shall I have the tenant move back to the property and restart the eviction process?

Why could Judge make any mistake for free, but I have to suffer the consequence? Why should I pay for the Judge’s mistake?

Meanwhile, one way, Judge Frank Roesch asked me to hire an attorney, at the same time, he also told me that I would never have a chance to get my rent back anyway. It seems to me that Judge Frank Roesch already determined that he would never let me win the case, but, before he gives the judgment, he is more likely to see not only I lose the case but also I waste my attorney fee? What a judge Frank Roesch is?

Also, according to Judge Frank Roesch, another reason Judge Frank Roesch rejected my case was that he told me that I already took the benefit from holding the property with a LLC, I should only get one way or the other, but both. Is Judge Frank Roesch a business man or a judge? Does Judge Frank Roesch judge a case according to the law, or based on how much favor he is willing to give each party?

Even worse, the tenant has never showed up for any of the court hearing, but Judge Frank Roesch just totally ignored such fact. Why does not the tenant need to worry about her absence from the hearing? Could it be possible that Judge Frank Roesch has some kind of relation with defendant?

Posted in Landlord Tenant Law.

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