QUESTION
How do I determine if it’s worth canceling and refiling in Superior Court for an amount significantly greater than $10,000?
Asked on Mar 15th, 2016 on Landlord and Tenant Law - California
More details to this question:
Using the same method he has used to constructively evict five tenants in the past 6.5 years, my on-site landlord has been engaging in a vicious verbal harassment campaign against me, including stalking and weapons threats, for nearly eleven months. As he hollers at me usually multiple times per day (I work from a home office) across the 20-yard wide parking lot that separates our apartments, I have documented, via audio files, no fewer than 200 1940.2(a)(3) violations. When he escalated after a polite letter I wrote him, with copies to the city police department and county DA (after he escalated to weapons threats), and again escalated after a TRO that he violated more than 100 times, I filed a small claims suit on 3 MAR. I am a member of a protected class, and so have also filed a pre-investigation complaint with DFEH and plan either the same or a right to sue with HUD, in response to the 60 day notice he had a new controlling tenant arrange that was served on 22 January). Excerpts from item #3 on form SC-100 (the small claims suit — 21 APR hearing date): a. 200+ violations of 1940.2(a)(3) over a period of 10 months c. 200 violations x up to $2000 per violation = $400,000 > SMALL CLAIMS LIMIT = $10,000. Is there potentially enough here to interest an attorney to get involved on a contingency arrangement?
1 ANSWER
Litigation Attorney serving Bakersfield, CA
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Dessy & Dessy
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The question of whether your case is worth pursuing on a contingency fee involves several factors. 1. Do you have liability for any non consensual audio recording of the property manager? 2. Have you actually moved out so that an action for wrongful eviction, typically covered under a landlords insurance policy, can be asserted? 3. Does an asset check indicate that the landlord is worth suing regardless of whether he is insured? 4. Are there any particular factors enhancing your damage claims, such as by way of example, your mental health treatment to substantiate a claim for intentional infliction of emotional distress? Assuming that this claim is worth pursuing on a contingency fee basis, the ideal attorney would be one with experience representing tenants, typically one who has worked for a free legal aid organization, such that he is well educated on the nuances of landlord liability in the context of tenant relationships.
Answered on Apr 20th, 2016 at 4:47 AM