Legal Question in Real Estate Law in California
Landlord Lost In Small Claims; Can He Continue?
Our creepy ex-landlord tried to sue me in small claims court but lost (I now live out of state so the judge dismissed it). He claimed that I owed him back rent, there were problems with the apartment after I left AND he accused me of trying to negatively influence prospective buyers of the apartment building. All BS, but still, I must ask--can he pursue this in any other venue/court? Like Civil Claims or something? Is there a statute of limitations? Thanks in advance for your time!
4 Answers from Attorneys
Re: Landlord Lost In Small Claims; Can He Continue?
Yes, but your defense is very technical and not my specialty. Contact attorney Ron Galperin 310.979-0844 and tell him I sent you. It may not be enough to stand up in court and explain your circumstances. Good luck! Mary Thorndal, Esq.
Re: Landlord Lost In Small Claims; Can He Continue?
No, he cannot. If one chooses to go to small claims court to sue, and then looses, it is over for him.
If someone is sued in small claims, and looses, he can appeal the decision to a higher court.
Besides, it costs money to file a lawsuit, and he probably won't want to.
Re: Landlord Lost In Small Claims; Can He Continue?
I've read the other reply. I'll suppliment it. It's the difference between 'may' and 'can.' He certainly can re-sue you. However, he may not. You would have to bring it to the court's attention that you'd been sued before by him. If the landlord had a California judgment against you. He wouldn't know what to do with it. Just like you don't have a legal problem but you take up your and my time to answer your question. Life sometimes sucks.
Re: Landlord Lost In Small Claims; Can He Continue?
Whoa, I'm not so sure I agree with the prior answer. The California small claims case seems to have been dismissed for lack of jurisdiction, not on its merits, and that doesn't seem to me to bar re-filing in another court which does have jurisdiction.
The statute of limitations for written contracts is four years, and the measurement of the four years can be technical.
If the amount at issue is small, relative to the costs of filing and prosecuting an action in municipal or superior court, the chance of a lawsuit is very small even if his case is strong.
Does your contract have an attorney fee clause? This makes suits somewhat more (or sometimes less) likely, since the loser has to pay the winner's lawyer bill.
If you are sued with great injustice, you may have a ground for a civil "malicious prosecution" claim against the former landlord.
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