Legal Question in Landlord & Tenant Law in California

I am filing a small claims case against co-tenants...while moving their fifth-wheel coach they had stored in the yard, the awning on the mobile home was damaged moving it approx. 6 inches, the cyclone fence was damaged, yet neither of them mentioned it. I took pictures of all the damage as well as damage on the fifth-wheel...when I asked the female what had happened to their coach she replied she did'nt know, she was not here....NEITHER made any attempt to inform me or the Landlord...My landlord has asked that when filing can I include him as a Plaintiff for past rent as well as items he had discussed with them approx. 5 days before returning to mexico that was promised to be returned...I am filing for damages inside the home that I have had to repair, as well as a months rent as I they were told I was showing the Rm. on the 2nd, I was assured it would be clean, NOT. Also when the landlord and I made this agreement, it was done in good faith, never charged a Security Deposit, noe last months rent. Please advise if I can include Landlord as a Plaintiff on my complaint.


Asked on 5/06/10, 4:50 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

I don't believe that you can file two different claims for two different plaintiffs under the same suit in Small Claims. You can definitely not represent the landlord in Small Claims - he will have to be there and represent himself. He is better served to file his own suit - it's not that expensive.

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Answered on 5/11/10, 9:05 am


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