Legal Question in Real Estate Law in California
What constitutes the validity of a small claim
I used to live in Santa Monica, CA where I rented an apartment, as a tentant. I have sinced moved away out of state. A prospective sub tentant considered renting the apartment from me. We exchanged e-mails and word attachments of the prospective tentant deal. I did not end up renting to him and informed him that I would not be moving. He got mad and sued me in small claims court. The paintiff alledges that we had a verbal contract and is using the e-mails and word attachments as his evdience of a letter agreemnt draft that we discussed in an e-mal. What can I do to get out this. The plaintiff has filed for a hearing in small claims court in Santa Monica. I live in Massachusetts. This dispute happened a year ago in Santa Monica. I later found out that I had no right to be engaging in discussion, because my lease did not allow me to sub-lease.
Can the palintiff sue me with verbal discusisons we had, e-mails and word attachments we exchanged once. Also, can I file to dismiss the hearing date for lack of basis?
Please advise.
1 Answer from Attorneys
Re: What constitutes the validity of a small claim
Have you been served with a summons? With two exceptions that don't seem to apply here, the plaintiff has to serve you in California.
The exceptions have to do with owned California real estate and motor vehicle accidents. Since this suit seems to have to do with an apartment lease, all you have to do is stay out of California until the statute of limitations on oral contracts runs out.
If you have been served, failure to appear will result in your default. How much damages did the plaintiff claim? Does he know where to locate your assets? Do you have any?
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