Legal Question in Civil Litigation in California

Hello,

This is a CA. small claims court question. Small claims limit is $7500.00. I am a landlord and a husband and wife Tenant did not pay rent for several months. They had co-signed their lease. Upon leaving, they co-signed a promissory note where they "jointly and severally promise to pay", $9250.00.

+ interest. This is a payment plan where they promise to pay $847.91 per month for 12 months.

They never made any payments in the 3 months since signing the Note. I am also located in Michigan, and will have to travel for Court proceedings. Can I sue the husband and wife seperately, so I can be made whole on the entire balance? ($4625.00 each)

Thank You,

tom


Asked on 12/06/09, 8:27 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

No, the Court would treat it as being the same cause of action. You could sue on the promissory note in Superior court [$210 filing fee instead of $30], ask some simple discovery questions to firm up the case, and ask for a non-jury trial. If you knock a few hundred dollars off the judgment amount they might be willing to stipulate to a judgment. Also, if you have an attorney fee clause in the contract you could point out to them that the costs they will pay will be much greater You can always dismiss the case without prejudice and file in small claim court.

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Answered on 12/11/09, 10:13 pm
Terry A. Nelson Nelson & Lawless

No. You either reduce the claim to $7500 limit of the court, or bring it as a 'Limited Jurisdiction' case in Superior Court. Doing that would allow you to have an attorney represent you , without you needing to appear. If your contract provides for attorney fees, then the court could award them to you if successful. If the case is in SoCal LA/OC area, and you are serious about doing so, feel free to contact me.

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Answered on 12/14/09, 10:22 am


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