Legal Question in Landlord & Tenant Law in California

Re: Enjoinment of Unlawful Detainer with Civil Lawsuit

You can raise the discrimination claim as a defense in the unlawful detainer lawsuit. However, if it's decided against you, you won't have a civil suit. You can also file what's called a "Notice of Related Cases" when and if the landlord files the UD case, and then move the court to consolidate the two cases. Don't forget to file an answer to the UD, though.

Re: Enjoinment of Unlawful Detainer with Civil Lawsuit

You dont say whether the civil suit is in Federal or State Court. In either event, you should immediately seek an injunction to stop the UD from proceeding until your civil suit is decided, or a motion to consolidate. In my experience, since UD is a summary procedure, those Judges aren't partial to complicating them or stopping them. That's why you go to the superior court to stay the UD. This can be done on an emergency basis, called Ex Parte. We handle such matters. The federal court also has emergency procedures. Does your complaint contain an Injunction cause of action, we may need to add this too. But, we would have to review your paperwork to determine the swiftest course of action since UD cases proceed quickly.