Legal Question in Landlord & Tenant Law in California

Re: can someone refile?

I'm a little fuzzy on your question. If I understand you correctly, you lost in the UD, and damages were awarded to the plaintiff for property damage and removal of debris? They have then sued you in small claims court for more money? First, I'm not convinced that the judgment in the first matter (the unlawful detainer) is for property damage and removal of debris - its probably unpaid rent. Second, did you pay the judgment in the first case? If you did, show up at the trial on the second matter, provide a copy of the judgment from the first matter, and proof of payment, and tell the judge the matter has already been resolved in the Superior Court. The legal term is "Res Judicata" meaning that a court cannot decide a matter that the court has already heard and decided. My guess, however, is that the Plaintiff is saying you owe them now for additional damages above-and-beyond what was awarded in the unlawful detainer. In that case, yes they can sue you again, and you can lose again.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.