Legal Question in Real Estate Law in California

I was evicted 5yrs ago due to non-payment of rent. I was like 19yrs old so I didn't know all my rights. I have copies of letters and pictures of a roach infested kitchen (which was inhabitable). I went to court for the eviction to present my side of the story but before we went into the courtroom, the apartment complex's attorney approached me and I showed her what information I had so she supposedly made some arrangements with me outside of court and I agreed. Then when I moved out I still got a bill for the months of rent that I didn't pay plus eviction fees plus the month of rent for breaching my contract! I was so young and naive and now I was wondering if the Greene vs. Superior Court might had helped had I went inside the courtroom. Anyways, my question is, can I sue them for the amount owed because now it's a judgement on my credit report? What is the statue of limitations in CA?


Asked on 1/11/10, 12:56 pm

2 Answers from Attorneys

You couldn't have sued them even the next day. There is a legal doctrine called "res judicata," which means "the thing is adjudicated." There was already a lawsuit about your tenancy. The law requires that whatever issues need to be litigated about that situation need to be litigated at the time in that one lawsuit. Once that lawsuit is over, the matter is res judicata and cannot be reopened. The only possible exception that might apply to your scenario is if you were actually defruaded in the process. In that case, however, a three-year statute of limitations applies.

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Answered on 1/16/10, 1:13 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

A couple other items to consider...........

Sounds like you stipulated (agreed) to a settlement that became a judgment. In that case, you not only have "res judicata" as to the matters that were decided by the judgment, you'd have very limited grounds for appealing. If you had a basis to appeal the judgment, you'd have had to file a Notice of Appeal promptly, probably within 60 days of being served a notice of entry of the judgment.

If and to the extent you had a cause of action based on the lease that was not encompassed within the subjects covered by the judgment, you could have sued within four years of a breach of a written contract (the lease) for the breach. Or, within three years of your discovering a fraud on you.

So, the time limits were 60 days, 4 years or 3 years depending upon which route was open to you. There are lots of technical aspects to applying these time limits!

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Answered on 1/16/10, 3:19 pm


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