Legal Question in Landlord & Tenant Law in California

Motion...

I was the defendant (tenant) in a

U.D. Case and as my defense claimed

''Retalitory Eviction'' as one of my

defenses. I won the case and was

awarded costs per memorandum of

costs...

Question: I would like to request a

motion or file a new case against the

Landlord under CC �1942.5(a), (f).

What are my options?

Small claims?

Can I simply make a motion

requesting these penalties?

Or do I need to file a Limited Civil

Case?

(f) Any lessor or agent of a lessor

who violates this section shall be

liable to the lessee in a civil action for

all of the following:

(1) The actual damages sustained by

the lessee.

(2) Punitive damages in an amount

of not less than one hundred dollars

($100) nor more than two thousand

dollars ($2,000) for each retaliatory

act where the lessor or agent has

been guilty of fraud, oppression, or

malice with respect to that act.


Asked on 5/09/08, 2:38 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Motion...

Depending on the amount you're seeking, you could probably file a small claims case. You couldn't do it in a motion in the original UD case.

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Answered on 5/09/08, 2:51 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Motion...

Follow Mr. Cohen's advice.

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Answered on 6/20/08, 11:58 am


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