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  1. #1
    Join Date
    Jul 2014
    Posts
    5

    Default When to Sue for Damages California

    My question involves an eviction in the state of: California

    My landlord performed a "constructive" eviction by threatening, harassing, and, eventually, burglarizing a firearm, for which he was arrested. He was caught on camera in the theft of a firearm.

    At this insistence of the police, we acquired an RO. At the RO hearing, we were served with Unlawful Detainer.

    Is this the time to sue for damages and our deposit back in a cross complaint? Or do we wait and do a separate suit?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: When to Sue for Damages California

    I'm confused. If you are getting (have gotten?) a restraining order, and you've been served with an unlawful detainer, it sounds like you're still there?
    If so, there hasn't been an eviction, constructive or otherwise. If you're still there, why do you think you need to sue for your deposit? You're not even entitled to it yet.

    What damages do you have that you envision you would make a claim for?

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: When to Sue for Damages California

    Is your landlord the restrained party in your other thread?


    http://www.expertlaw.com/forums/show...026&highlight=

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