Legal Question in Civil Litigation in California

Can I file a cross-complaint in an Unlawful Detainer action?

My son and I have lived in our apartment for over one year. Ever since we moved here they have told us how much money they could get for our apartment. They have harassed me at work. I filed a complaint with Fair Housing in June. I have always paid my rent and have never caused any problems. They also come into my house when they ''think'' no one is home. They filed an Unlawful Detainer with the court in September but never served me (I found out by court's notification.) They served me a 30 day notice 11/6/01 to move out by 12/7/01. I spoke with the landlady and she agreed to let me stay until February. She filed the Unlawful Detainer 2 days later. The answer is due tomorrow. Can I file a cross-complaint for (1) Fraud (the September filing); (2) Slander (talking about me to neighbors); (3) Tresspassing; and (4) Infliction of Emotional Distress. Thank you.

Asked on 12/16/01, 11:58 am

3 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES
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Re: Can I file a cross-complaint in an Unlawful Detainer action?

No you cannot file a cross-complaint in an ulawful detainer. You must file a separate suit. Please call me directly at (619) 222-3504. Don't try to do it yourself; get a professional and the results that you deserve.

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12/16/01, 3:52 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation
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Re: Can I file a cross-complaint in an Unlawful Detainer action?

You can file a complaint, but not a cross complaint. From the claims you've stated you have, I believe you should file a claim here.

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12/16/01, 7:18 pm
Larry Rothman Larry Rothman & Associates
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Re: Can I file a cross-complaint in an Unlawful Detainer action?

You cannot file a cross-complaint in an unlawful detainer action. You apparently have a good defense of retaliation since they apparently are evicting you because you complained to Fair Housing. Once you are out of possession, if you have a valid claim, that can be presented at that time. If you have a written agreement that provides for the recovery of attonrey fees and would like free consultation, please fax the complaint to 714 363 0229. We would not be able to file an answer for you tomorrow, but we may be able to represent you at trial, once you have filed the answer.

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12/16/01, 7:35 pm

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