Legal Question in Real Estate Law in California

Re: small claims

I'm not quite sure what your issue is. If you are in possession of the property, the person claiming ownership would have to bring suit of some kind to eject or evict you -- that could be an unlawful detainer suit, or a suit for ejectment, or possibly something else. If so sued, you would then raise your purchase of the property as a defense and/or counterclaim.

If on the other hand, you are not in possession, a small-claims action would not provide an adequate remedy; you would need to sue in superior court. Your choice or choices of type of legal action could include suit for rescission of the agreement with restitution of the $10,000 if it has been paid; or you could sue for specific performance of the contract of sale; or perhaps the facts will show that you need to sue to remove cloud on title, for 'quiet title,' for fraud, and on and on.

In any event, giving you good advice would require a lot more information about what happened, whether the money has changed hands, how much and what kind of written documentation exists, whether you are in possession and if so how you obtained possession, whether fraud is present, and so on.

I was in your fair city of Clearlake yesterday to file legal papers at the courthouse there, and I could perhaps handle this matter for you if you wish, but I would need to study the matter a lot further before taking it on.