Legal Question in Civil Litigation in California

I, the only plaintiff, filed a small claim for unreturned security deposit. 7500. on the last day before statute of limitations was up (2yr after). I am the only plaintiff.

Can my husband who was on the lease as well, file a civil suit with himself ,as the only plaintiff, for breech of contract, retalitory eviction, harassment, moving costs, and storage fees, fair market value of rental OR is the management company released from further liability to him as well as me?

We were sued by them for unlawful retainer and we prevailed. I do not want to release them of further liability but at the same time do not want to lose out on security considering the limitations are up and I would not be able to file for it under the civil suit.

If we file separately for th different cases. California


Asked on 8/19/11, 1:45 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Congratulations on winning your unlawful detainer suit way back when. First of all, you get a rap across the knuckles with my ruler for 1) waiting two years to file suit and 2) not using an attorney. If I'm not mistaken the SOL for recovery of security deposits may well be longer than 2 years; and if you had a written rental agreement with an attorney fee clause, if you had used an attorney you could have recovered attorney fees. While technically your husband can sue for anything that is not included in your lawsuit and is within the SOL, the better practice would have been to file a single lawsuit for everything. As to retaliatory eviction and harassment the SOL may well be up. This is why you should never wait until the day before the SOL since you might need to dismiss and refile your case. You need to speak with an attorney in person -- would this really be the first time you've consulted an attorney in all these years?? -- to determine what the applicable SOLs are and what your options are.

Read more
Answered on 8/19/11, 2:27 am
George Shers Law Offices of Georges H. Shers

I agree with Mr. Stone's advice. Most tort claims [not directly based upon violation of the contract and seeking damages for pain and suffering] are governed by a one years statute of limitations; if they cross-complain against you in the security deposit matter, they may be waiving that limitations period and yo would move the case to Superior Court. Speak to an attorney to be sure you know what you are doing and can do it successfully.

Read more
Answered on 8/19/11, 6:52 am


Related Questions & Answers

More General Civil Litigation questions and answers in California