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.
2 Answers from Attorneys
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.
Re: Motion...
Follow Mr. Cohen's advice.