Legal Question in Landlord & Tenant Law in California

How to kill a frivalous lawsuit

A tenant renting a room in house that evicted his friends downstairs was not listed on the eviction notice. Yet, he also failed to report himself and fill out a Claim of Right to Possession Form. He was forcefully evicted too and has now filed an unlimed civil lawsuit for unlawful eviction. Can I respond to his complaint with an Answer and Judgement Unlawful Detainer as my defense along with the eviction notice?


Asked on 5/02/08, 12:28 pm

2 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: How to kill a frivalous lawsuit

I cannot improve on Mr. Moerbeek's answer.

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Answered on 6/21/08, 11:24 pm
Stanley Moerbeek The Law Offices of Stanley L Moerbeek

Re: How to kill a frivalous lawsuit

If the prejudgment notice procedure, including proof of service on unnamed occupants was fully completed, and the judgment states that it applies to all other occupants, etc., then you should file a general demurrer to the complaint for failing to state a cause of action and concurrently file certified copies of all the pleadings referred to above for the Court's consideration. An attorney would know how to do this procedure which could save you from the costs and delay of a latter trial.

DISCLOSURE

This reply constitutes legal information for educational purposes and does NOT constitute legal advice nor establish an attorney-client relationship. I only represent clients based on a written attorney-client Retainer Agreement.

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Answered on 5/02/08, 7:49 pm


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