Legal Question in Civil Litigation in California

bad-faith lawsuit filed by defendant after losing case

Several months ago I won a judgment in small clms (L.A., CA) against a landlord who illegally withheld my deposit (he did this to 23 other tennants in 2 years-4 of them were witnesses at my hearing). The judge ruled in MY favor, awarding me full judgment, angering defendant greatly. He refused to pay, so I got an abstract of judgment and put liens on his properties. After he received notice of the liens, he served me with a separate lawsuit for the SAME money regarding the SAME issues from my lawsuit! He accuses me of damaging the apartment. He is suing me becuase he doesn't want to pay the judgement I won, & to harass me. He served me two days after receiving notice of the liens. He brought up his issues about damages at my hearing, but still lost because I showed pictures & had witnesses showing that I DID NOT damage the apartment & that he never gave any tennents back their deposits. His lawsuit is frivilous & malicious, & he never paid me the judgemnt! So, I feel his lawsuit was aleady decided in MY favor. I was told to file a motion for ''RES JUDICATA''. Can this be filed in small claims? I may consult with an attorney. Thanks for advice.


Asked on 6/24/02, 3:08 pm

1 Answer from Attorneys
D. Alexander Floum, Esq.

Re: bad-faith lawsuit filed by defendant after losing case

You would file the motion to dismiss his case based on res judicata and collateral estoppel IN THE SAME LAWSUIT. In other words, IN THE SAME COURT IN WHICH HE FILED HIS CASE AGAINST YOU.

Then, after you win that case, you could file a separate action for malicious prosecution against him, either in small claims (if less than $5,000 damage) or Superior Court.

Let me know if you need further assistance.

D. Alexander Floum is an experienced attorney and a law school professor.

The Schinner Law Group is a full-service law firm, providing assistance in business, corporate, tax, litigation, contracts, intellectual property and related areas of law.

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Answered on 6/24/02, 3:49 pm


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