Legal Question in Landlord & Tenant Law in California
I was a co-tenant on a month to month tenancy and terminated my portion of the agreement with the landlord. Several monthls later, the landlord and his property manager are in the process of suing the other co- tenant for an unlawful detainer, yet my name was on the summons as well. The plaintiff's case (landlord) against me was dismissed without prejudice, yet I still had to pay the filing fees for a case I should have never been on and I asked for these amounts in my answer. ( I previously notified the plaintiff that I did not live there when the original 3 day to pay or quit notice was given to the other co-tenant, but they refused to listen even with documented proof).
Is Small Claims Court the only way to recover the fees that I had to pay or is there any other way to recover those fees and the damages I sought in my answer to the original unlawful detainer?
1 Answer from Attorneys
No, small claims is not the venue. You file a memorandum of costs in the same case, and ask the court to award you the costs as the prevailing party.
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