Legal Question in Real Estate Law in California
Hello,
I have filed a small claim case on my landlord in CA who failed to provide me back my entire security deposit under false data. He has since moved out of state and has filed a countersuit for just the travel expenses which he will incur as well lost wages; can he do this? it is over 3 times what I am sueing him for. Absolutly rediculous
2 Answers from Attorneys
Those items do not really belong in a counter-suit as they are damages claimed as to the suit itself and not any other incident. He is not entilted to collect those as damages, as those are a common loss that everyone who goes to trial has to handle. There is no practical method of forcing him to drop the countersuit; so when he losses his counersuit, ask the judge to award you the filing fee.
Unless your case against the landlord is absolutely baseless, the landlord will not be allowed to recover his costs for traveling to court, even if he wins.
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