Legal Question in Bankruptcy in California

Commercial Landlord Defrauded me

What is the name of your state (only U.S. law)? Los Angeles, California

I am currently suing my ex landlord who really was not my landlord legally because when he leased me the space that space did not legally exist in the city records and he filed for bankruptcy which he did not tell me about. I never occupied the space and after suing him for the monies he owes me (over $70K), his lawyer is trying to settle for pennies on the dollar. My question is should I pursue suing him for fraud and what kind of lawyer do I need to go further? The reason I need to sue him for fraud is because he knew he filed for bankruptcy and he never told me, he leased me a space that did not exist in city's records, he took my monies and ran with it.


Asked on 3/18/09, 3:47 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Commercial Landlord Defrauded me

Filing bankruptcy without telling you isn't necessarily actionable fraud. The fraud action you might have against him would relate to the leasing of an unoccupiable space. If he filed bankruptcy after leasing you the property, he may have discharged the fraud claim unless you filed an adversarial acton in the bankruptcy court, or you may be able to reopen his bankruptcy and file an adversarial complaint on the basis of not having been notified of the filing. There are a number of factors needed to be analyzed to give you a proper opinion. Your best bet is to set an appointment with someone to go over the facts. I can review the matter for you if you wish - just drop me an email or call my office.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/18/09, 5:40 pm


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