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SOUTHERN CALIFORNIA RECORD

Saturday, November 2, 2024

Tenant Accuses Landlord Trust of Unlawful Detainer but loses on appeal

State Court
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Michael McCormick, as trustee of the Holly and Thomas Michael McCormick Trust, filed an unlawful detainer complaint against Jennifer Woodle in March 2022. The case was heard in the Superior Court of Los Angeles County under Judge Helen Zukin. The court ruled in favor of McCormick, awarding him possession of the property and $38,411.40 for unpaid rent, holdover damages, attorney fees, and costs.

The case arose when McCormick sought to evict Woodle from a rental property due to unpaid rent. Woodle represented herself during the non-jury trial held in June 2022. Both parties presented testimony and documentary evidence; however, Woodle did not provide a transcript or a summary of the trial proceedings for her appeal. After the trial concluded, the court ruled in favor of McCormick and ordered judgment accordingly.

On June 9, 2022, Woodle filed an ex parte application for a stay of execution which was denied by the court on June 14, 2022. Following this denial, Woodle appealed the judgment arguing that: (1) the damages awarded were not supported by substantial evidence; (2) certain exhibits were wrongfully excluded from evidence at trial; and (3) her ex parte application for a stay was erroneously denied.

However, Woodle's appeal faced significant hurdles due to her failure to provide an adequate record for review. The appellate court emphasized that judgments are presumed correct unless proven otherwise with substantial evidence—a burden that lies with the appellant. Without a complete record including transcripts or summaries of trial proceedings and exhibits admitted at trial, it was impossible for the appellate court to review her claims effectively.

The appellate court cited multiple precedents emphasizing that without proper documentation and records from the lower court proceedings, they must presume that all findings and judgments made by the trial court were valid. Consequently, Woodle’s arguments regarding both evidentiary exclusions and her ex parte application could not be substantiated due to insufficient records provided on appeal.

In conclusion, the appellate court affirmed the judgment in favor of Michael McCormick. The ruling highlighted procedural shortcomings on part of Jennifer Woodle in failing to present an adequate record for her appeal which ultimately led to upholding the original judgment by default.

The attorneys involved in this case included Thomas D. Sands from The Sands Law Group representing Jennifer Woodle and Dennis P. Block from Dennis P. Block & Associates representing Michael McCormick. The case was presided over by Judge Helen Zukin under Case ID B322411.

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