Legal Question in Real Estate Law in California

Re: Amending a Complaint

You can make whatever changes you want to. You should keep those portions the judge said were okay, if he did so. You can plead in the altenative also; i.e., allege in one cause of action that the tenant has paid no rent and in another cause of action that the tenant paid $X with $Y being the sum owed. The judge might object but in California you are allowed to do so and it is often necessary since the tenant will likely claim facts different then what you claim. If you are in small claims court then the pleadings can not directly be attacked but you can also only get money damages and not the eviction of the tenant. If legal ad is helping the tenant, they will file various motions to slow up the process; try to get the judge to impose a bond. As a practical matter, you need to consider a bribe to the tenant to get them out faster. The courts and the legal system do not really favor the landlord.