Legal Question in Civil Litigation in California

My mother recently vacated an room she was renting. She did not have enough cash at the moment to pay off the last months rent, and gave the landlord a check. she told the landlord she will notify the landlord when she will be able to deposit money into her account to clear the check. However the landlord decided to file small claims. I am named as a defendant in the case because I am her son. What should I do?


Asked on 9/23/10, 3:04 pm

1 Answer from Attorneys

It would be rather odd for the landlord to sue you just because you are her son. Did you co-sign the rental agreement or something? If you really have no connection to the situation other than that she is your mother, you can threaten to sue the landlord for malicious prosecution and abuse of process.

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Answered on 9/28/10, 3:34 pm


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