Legal Question in Landlord & Tenant Law in California

In suing a landlord for wrongful eviction, I have a breach of contract cause of actioin, numerous violations of the San Francisco Rent Ordinance, and 5 more causes of action that are torts like negligence, in general I have contract and statutory damages, and in 6 of 7 of the causes of action, I have emotional distress damages.

Is this considered a personal injury case?

Is a statement of damages required?

I did get a default entered in 2006, without a statement of damages being served.

Could I have gotten a default judgment entered for contract and statutory damages in June 2010?

Based on not serving a statement of damages, I would not have gotten punitive and emotional distress damages.

Would I have been able to get a default judgment entered?


Asked on 8/04/11, 4:32 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

If you are alleging any injury to your person it becomes a personal injury case; yours is a combined contract and personal injury case. You can not sue for personal injuries based upon a contract action [there has to be some separate PI cause of action]. You do not have to file a statement of damages but you do need to inform the defendant of the general amount of damages sought so that he knows whether he needs to defend against the suit or not.

I am totally confused by the second part of your question. Did you already get a judgment in 2006, what does 2010 relate to, etc.?

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Answered on 8/04/11, 10:02 pm


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