Legal Question in Real Estate Law in California

Re: Wrongful eviction

Damages for all of your losses, costs and expenses. The co-owners remedy is a partition and sale, not unlawful detainer. These actions by him appear to be a fraud on the court and border on the outrageous. There may also be a claim for abuse of process [wrongful use of civil process] and malicious prosection [bringing an action without merit] as well as forcible entry and detainer. Some of these claims have a one year statute of limitation - action must be filed within one year of the wrongful conduct. It would be best to use the filing date of the unlawful detainer as a starting date for the one year to start running. If your damages are under $5,000, you could use a small claims court action to recover. If more, I could discuss this with you as to other options.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you.

Reply Posted By:

Wayne V.R. Smith

Attorney at Law

P.O. Box 3219

Martinez CA 94553

[925] 228-5232

Re: Wrongful eviction

A lawsuit for your damages.

Re: Wrongful eviction

You can recover the value of all of the goods lost, your costs of living elsewhere and possible punitive damages for his actions in court. His pleading in court must have been fraudulent. A co-owner of the property cannot be evicted.

If you would like to discuss further, call me at 925-924-0100.

Good luck.