Legal Question in Real Estate Law in California

Re: Can Landlord Sue If We Now Live Out Of State?

Cannot sue out of state defendants in small claims. BUT, if trys to serve in CA or fakes documents you should do something to defend. Perhaps a letter to the Court might help.

Re: Can Landlord Sue If We Now Live Out Of State?

(1) A plaintiff can add anyone as a defendant, running only a slight risk of countersuit for malicious prosecution or abuse of process or the like, and at a slight cost (for service, etc.). In many lawsuits plaintiffs will 'sue everyone in sight' on the theory that they don't want to overlook anyone who might be liable or who might default (fail to defend). It is usually fairly easy for a defendant to get the claims against him dismissed where there is absolutely no evidence of liability or other basis for naming that defendant.

(2) Suing an out-of-state resident in small claims is difficult because except in a couple of special situations not applicable here, the defendant must be served in California. However, if you are lawfully served, suit can proceed against you.

(3) Serving the brother who lives in-state was probably a 'dirty trick' to try to get you to settle, or to cause the brother to have to pay a judgment against him through his failure to mount a defense. Since they could serve him, they did. He will have to appear and defend ..... but if as you say he is unconnected with your former rental there will be no evidence to establish any liability on his part and he will win. Then, you might consult a lawyer about counter-claiming for abuse of process or malicious prosecution.