Legal Question in Landlord & Tenant Law in California

Question regarding Illegal Lockout.
I have a question based on a illegal lockout; I was evicted by the sheriffs department on my very court date; however, I was not evicted from the sheriff civil divisions department; in addition, the landlord told the sheriffs department that it was a court order that I be removed from the premises immediately; however, the judgement letter didn't indicate that I had to be removed immediately; furthermore, the plaintiffs didn't present a writ of execution to the officers; moreover, the landlord said to me that they filed a restraining order in the landlord/tenant court after the hearing was over. After I was evicted, I made a complaint against the two sheriffs; two weeks later I get a call from the sheriff lutenant; he apologized about what happened and admitted that what the sheriffs did was an error and that they thought they were dealing with some kind of restraining order.

My question to whomever it may concern is, am I entitled to sue for a illegal lockout; was the landlords actions unlawful in my situation. if so, which court do I sue regarding this matter? Will it be small claims court or another court?

Asked on 8/08/08, 4:21 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

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Re: Question regarding Illegal Lockout.

Unfortunately, your post isn't really clear about what happened. I think that the only way you can determine if you have a legitimate lawsuit will be to meet with an attorney, and present all the facts in a manner which is more conducive to determining what happened, and what rights, if any you have. The issue of "what court" depends upon what remedies you seek. Small Claims Court is limited to monetary damages of $7,500, and if you elect to pursue this without an attorneys' representation, I'd have to say it is about your only option. Superior Court is generally too complex to be successfully negotiated by someone with no legal experience.

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Answered on 8/08/08, 4:32 pm

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