Legal Question in Civil Litigation in California

About 4 years ago my landlord was loosing her house and it was going up for auction, I was doing well then and I offered to lend him and his wife the money with the intentions that I would either be able to purchase the house from them down the road or they would pay me back before they would sell it. Well, the husband died and my landlady is now trying to sell the house and has filed a unlawful detainer against me. I am trying to file a counter claim against her for the moneys that I have invested. She is acting like we never had any kind of agreement and I have reciepts and witnesses. I would like to counter sue but she is suing me in limited civil division and I am asking for more than 25, 000 so can i counter in the same court or do I have to file an all together new lawsuit? In the unlimited division?


Asked on 9/03/16, 5:45 pm

3 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

You would have to file a separate lawsuit. Because it's complicated, you absolutely need legal assistance.

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Answered on 9/03/16, 6:17 pm
Gerald Dorfman Dorfman Law Office

You should not delay. It is possible you may be able to file a "lis pendens" once you have initiated your lawsuit. That could make it difficult to sell the property. However, you really do need to consult with an attorney for a case like this.

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Answered on 9/03/16, 8:31 pm
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

Take the advice and waste no time. File a separate lawsuit. Do not attempt to do this without an "in person" attorney. That is my advice.

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Answered on 9/03/16, 10:29 pm


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