Anderson v. Superior Court

[700]

Opinion

VOGEL, J.

In this writ proceeding we hold that a defendant who unsuccessfully seeks affirmative relief in small claims court and then appeals an award in favor of the plaintiff may not at the trial de novo claim as an offset the amount she was unable to recover on her own claim.

Facts

Sharon R. Anderson was Katica Blaskovich’s tenant until late 1989 or early 1990. On February 20, 1990, Anderson sued Blaskovich in small claims court for the return of her $250 security deposit, plus statutory damages of up to $200. (Civ. Code, § 1950.5, subd. (k).) In response, Blaskovich filed a “Defendant’s Claim,” seeking $798 from Anderson for cleaning the apartment and repairing a rug. On her claim form, Blaskovich acknowledged, under penalty of perjury, her understanding that she had no right of appeal on her claim, but did have the right to “appeal a claim filed by the plaintiff in this case.”

Anderson prevailed in small claims court and was awarded $350 (presumably the $250 deposit plus $100 damages); Blaskovich was denied relief on her claim. Blaskovich appealed from the award to Anderson. At the trial de novo in superior court, uncontroverted evidence established that Anderson had in fact paid a security deposit of $250 to Blaskovich. And although we do not have a reporter’s transcript of the superior court proceedings, Anderson’s verified petition and supporting declaration establish without contradiction that the superior court allowed Blaskovich to present evidence of the expenses she had unsuccessfully sought to recover by her “Defendant’s Claim,” the $798 for cleaning and repairs. The superior court denied all relief to Anderson, a result which could not have been reached without giving Blaskovich an offset for part of the $798.

By petition for writ of mandate, Anderson asked us to review the judgment, asserting that the superior court’s acceptance of Blaskovich’s testimony about the $798 as an offset against Anderson’s claim circumvented the rule which precludes an appeal by a claimant who voluntarily seeks relief in small claims court. Our initial reaction was one of agreement with Anderson. We therefore requested opposition and notified the parties of our intention to issue a peremptory writ.