Legal Question in Landlord & Tenant Law in California

Re: landlord defendent in small claims

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Re: landlord defendent in small claims

You can ask the Court to issue a subpoena for the records they have; you will have to file in what you want, but it will include any and all writings supporting count number 1 of your claim, of#2,etc. Technically they must produce thee documents at the hearing and the court will give you time to look them over before proceeding and might even just continue the matter so that you can put together a case. The one time I tried that for a friend the judge just ignored it.

Write a certified letter to them asking politely to know what they are claiming as you have no knowledge of any action on your part that resulted in their having left [they are alleging that you caused or allowed to develop some type of condition that made it impossible to live in their unit, that because they complained to you and probably the local health authorities of a health and safety problem you evicted them]. Check with the city to see if any violation claim was filed by them and what the result was; try to get a copy of your file, if any exists, to show the judge. I doubt it but you can try t get a statement under penalty of perjury from them that no complain was made [plaintiff has to prove that in Court]. At trial point out at the very beginning that no demand was ever made on you. If the money you lost is greater than the security deposit, which sounds like the case, cross-complain against them [after making a detailed written demand for payment]for the full amount of the damages from breaking the lease and any physical damage to the premises, agreeing to give them credit for what yo help back [if you sue for the difference only, and the judge finds that you improperly withheld some of the money, then you get less money in your favor].

They have consulted some law or semi-law books and or a Legal Aid like group, so you better bit the bullet and see an attorney to find out what else you must do. Also, did they file suit where the building is located; if not, you can object on lack of venue.

Read through this site on questions and answers about Small Claims Court and read Judge Duncan's or Ralph Warner's book on SCC [Nolo Press]

Good luck. I have not tried to go through everything possible, especially since I have not seen the complaint.

Re: landlord defendent in small claims

If they did not give you any notice of anything, it is unlikely the can prevail. In small claims, if the plaintiff loses, that's it, case over. If the defendant loses he can appeal and get a new evidentiary hearing before a Superior Court Judge. If you lose, you will know the evidence presented against you and can prepare to defend yourself with that knowledge in mind.

Discovery in Small Claims court is tricky. You can get a subpeona issued, but subpeonaes are directed toward non-parties. I have never seen party discovery like depositions and interrogatories used in a small claims action.

I would go and take my complete file, and see what happens. In the unlikely event you lose, you can and should appeal.