Legal Question in Landlord & Tenant Law in California

Retaliatory Eviction

I recently won a U.D. Case as a pro

per Defendant. Ordered - Costs per

Memorandum of Costs.

Because at least one of my defenses

was ''retaliatory eviction'', California

Civil Code Section 1942.5 states:

f) Any 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.

(g) In any action brought for

damages for retaliatory eviction, the

court shall award reasonable

attorney's fees to the prevailing party

if either party requests attorney's

fees upon the initiation of the action.

(h) The remedies provided by this

section shall be in addition to any

other remedies provided by statutory

or decisional law.

Question is: Do I need to file a new

claim in order to be awarded these

damages, or do I just add them to

my memorandum of costs?


Asked on 4/04/08, 3:12 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Retaliatory Eviction

First, congratulations!

I have seen judges accept the statutory damages in the memorandum, and also others who required a new claim.

Try adding them to the memorandum (since it is simpler) and see what happens..

Read more
Answered on 4/04/08, 4:59 pm


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