Legal Question in Civil Litigation in California

Multiple judments

As a renter in a rent controlled city, if a landlord was successfully sued in Small Claims court for not providing adequate ''living conditions'' can he then be reported to the Rent Control board for a reduction in rent for the same matter? The matter is an isolated incident that resulted from a broken pipe.


Asked on 8/14/02, 2:53 pm

2 Answers from Attorneys

Re: Multiple judments

Maybe. This depends on what the small claims suit was for, and whether the rent control ordinance covers the same harm.

California follows a "single cause of action" rule that requires a plaintiff to include all his claims relating to an incident in one lawsuit. The rent control board may be able to reduce rent if the small claims court did not have jurisdiction to grant that relief.

A lawyer should analyze the small claims complaint and judgment, the rent control ordinance and applicable state law to determine if a separate claim can be brought. Practically speaking, however, I'd expect the rent control board to go ahead whether or not the renter has already recovered in small claims court.

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Answered on 8/14/02, 5:12 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Multiple judments

It depends on what the law in the city says. You should check with the board. However, if the condition is going to be or has been repaired, then forget it.

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Answered on 8/14/02, 11:51 pm


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