Legal Question in Civil Litigation in California
If I'm trying to sue my Landlord for my medical bills as a result of an injury I received on their property because of a defect in the property they refused to fix properly for over a year, do I sue them for damages or indemnity.
I withheld rent from them until they did something about the bills, (not the wisest decision, but at the time I was very emotional.) Long story short, they have me in unlawful detainer and I plan to file a cross complaint along with my answer.
My problem is on the cross complaint form I'm looking at, pld-pi-002, I'm not sure what to check. I know I dont want declaratory relief, but do I want to check the box, after INDEMINIFICATION, or APPORTIONMENT OF FAULT, or (OTHER).
If I check OTHER, what would I put?
My goal is to sue them for the cost of my hospital bills, and lost wages during the months I couldnt work because of the injury.
Thank you.
1 Answer from Attorneys
Cross-complaints in unlawful detainers are only permitted to the extent they bear on keeping the tenant in possession of the property, if they were successful.
You need to file a separate action for personal injury, and even better than that, hire a competent personal injury attorney. Most personal injury attorneys take cases on a contingency fee basis.
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