California  |  Landlord & Tenant Law

Legal Question

Asked on: 6/26/09, 11:42 pm

Cross complaint in civil vs small claims

We are being sued by a landlord in civil court for breach of contract, but we feel that they breached the contract first and we would like to file a cross complaint. I was told by a court clerk that we could file a cross complaint in small claims court rather than civil court, since the amount sought is less than $7500. I was told that the advantages of filing in small claims is that it is cheaper, there are no lawyers, and it is a little more tenant friendly. Are these advantages accurate? Can we file a cross complaint in small claims court? If we lose the civil court case, how would this affect our cross complaint if it was filed in small claims court?

Thank you for your help.

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