Legal Question in Civil Litigation in California

Breach of Contract/Negligence

Result of rental agreementm month to month. I moved out leaving boyfriend behind, residing there 7 yrs. 12/00, notified landlord/lawyer 1/01 paid rent for 1/01. Eviction resulted with me included in action. I fully cooped. w/owner, he promised to not hold me liable for judgment, one of many lies. He filed 1/7/04 for 30K damages, locks not changed he admitted. Ex. may or may not have damaged prop.. I have RO against ex, am on SS Dis., have no assets, small IRA have filed answer. Should I ask for Dismissal as judgment proof, file cross-comp.? Next step? Is my retirement safe? I can't afford attn., This guy is well known as a slumlord and snake of an attn. even in legal circles. I now have 60 days for discovery until next case mngt date. I'm willing to fight, I have the time to research but not the $$, court has waived fees. Is there a good legal guide that outlines each step of civil suit, the ex has not yet been served. This landlord/lawyer files his statements 1 or 2 days before hearing, gets times wrong, keeps poor records. In 2001 I was severly depressed, on meds. took OD after court with him but I'm strong, clearmined now. I know technically I may be liable but was never negligent. He deceived me. Help me please!


Asked on 2/28/05, 6:20 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Breach of Contract/Negligence

You're in a tough situation and ultimately may have to sue your ex or name him in the present action in a cross-complaint. You may also have a waiver defense against the landlord for allowing your ex to remain for 7 years and that he has essentially released you from the lease. I don't know of any guide that would address your specific issues, but you may find a local attorney to take up your cause against such a disliked landlord. Good Luck

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Answered on 3/01/05, 12:09 pm


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