Legal Question in Real Estate Law in California

Unlawful Detainer Residential

Tenants voluntarily left premises after they were served with an unlawful Detainer. I no longer needed to get a clerk default judgment for possession. Defendants never filled a response with the court. What is the best way for me to proceed in order to get a money judgment for unpaid rent and UD filling/serving cost? If I dismissed the case in order to file in a small claim court, shall I dismiss with Prejudice or without. Also, will the small claim court allows for the fees that I already paid for the UD case to be included in my small claim?

These are the forms so far done and filled/served:

3 days pay or quit.

SUM-130 Summons-Unlawful Detainer

CP10.5 Pre-Judgment Claim Of Right To Possession

CM-010 Civil Case Cover Sheet

UD-100 Complaint


Asked on 12/29/13, 5:40 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You can either dismiss the case with prejudice and file an action for the unpaid rent, or you can amend the current case to seek only damages. If you dismiss with prejudice, you are not entitled to costs, because the tenants would be considered the prevailing party.

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Answered on 12/30/13, 7:08 am


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