Legal Question in Civil Litigation in California
I am currently in an unlawful detainer and about to file an answer. If I move out next week, I hear the Unlawful detainer case will be dismissed. I have a couple of questions.
1) Am I the one who will ask for the case to be dismissed or will the landlord do that?
2) Would we keep seeing the same judge we saw during the unlawful detainer process or we will move to a different judge in a different department since it will now be a regular suit for damages?
3) Will I be able to use the defense I had for the unlawful detainer, for example, wrong rent demanded and rent control violations the building received, when it becomes a regular law suit for damages?
2 Answers from Attorneys
If you're moving out, you should enter into a written agreement with the landlord for dismissal if you move out on the agreed date. In that way, you won't even have to owe money. However, if the landlord doesn't want to give up the monetary aspect of the case, it becomes a regular limited jurisdiction case, and no longer should be expedited.
1. The party filing the suit is the one who can dismiss it; you can raise as a defense that you are no longer in possession so the suit for return of the premises is moot.
2. Which department you are sent to and thus which judge you see depends upon how the judges are assigned; if there are several civil judges in the courthouse you will likely appear before a different judge.
3. If you have moved out, defects as to the unlawful detainer suit are immaterial, but you can raise relevant defenses as to the amount of rent owed, other damages, etc.
Nolo Press has various books on landlord/tenant law.
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