Legal Question in Landlord & Tenant Law in California

false eviction/termination
for when a former landlord falsely file an 5,176 unlawful detainer in superior court may 20, 2004 in regards proclaiming that tenant did not pay rent for in which tenant did pay rent and they have three years from date of filing the unlawful detainer to cash the money orders and can we ask for 6x in damages for the amount of the money orders if they was cashed on or before May 14, 2004? We are to file our complaint on August 3, 2004 back in superior court for additional discovery/order. How many days do they have along with this other state agency to present back to the court the signed mutal agreement letter that we did vacate the premies after we file the complaint back in superior court for what is called a countersuit?

Asked on 7/11/07, 2:59 am

Robert L. Bennett Law offices of Robert L. Bennett

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Re: false eviction/termination

You are unlikely to get anywhere, because of the time lapse.

Assuming there is a judgment, you can petition the court to "set aside" the judgment, which can be very difficult once 180 days elapse.

You need to go to your local law library, where they will point you in the right direction as to forms that have to be filled out.

You can countersue, but the time lapse here makes it almost impossible to win.

Answered on 7/11/07, 8:49 am

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