Legal Question in Landlord & Tenant Law in California

double claim

6 days after tenant broke a lease and moved out i filed a small claim for unpaid rent for the 1 of 4 motnhs still owed. after 3 month I filed for the remaining 3 months plus listing agent commision to re-rent. I won both small claims. Tenant is now appealing the second judgment claiming it is a double claim and I'm not allowed to do so


Asked on 5/29/09, 6:39 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: double claim

They should have been filed at one time. Your defense to the defendant's appeal is that the two claims are for different amounts, and at the time you filed the first claim, you were not able to ascertain the additional amounts due. Good luck - if you were the person who posted the prior question about this today, the advice still stands - would have been better to file for everything at once, but you may be able to convince the judge that it was a mistake, but you are not "double-dipping."

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 5/29/09, 6:53 pm


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