Legal Question in Landlord & Tenant Law in California

I would like to go to small claims court to ask for a rescission of a contract. I am not asking for any money. Can I do this unilaterally or do I have to serve the other party to the contract. I have tried to convince, without success that the contract is not valid. Even had a lawyer explain it to them, but to no avail. The contract is for the lease of our house for one year. They don't even want the lease anymore, but keep threatening us with crazy and uncollectible costs. I just want to get the rescission so that if they file a claim, I don't even have to show up, but can submit the judges rescission order.


Asked on 7/23/14, 9:04 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You need to be aware of some things.

A plaintiff who sues in small claims court has no right to appeal if he loses his or her claim.

A defendant sued in small claims court may assert a counterclaim against you, up to the jurisdictional limits so you are not going to keep them from filing a claim by filing in small claims.

Small claims also has limited jurisdiction over matters of equity. Rescission of a contract is equitable in nature, and I suggest you at least consult with an attorney before pursuing such a course of action.

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Answered on 7/25/14, 12:09 pm


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