Legal Question in Civil Litigation in California

How do I file a cross complaint in an unlawful detainer? I am the defendant. The building people are tempering with my utilities in an attempt to get me to move. I want to sue them for damages? I know I have to get approval from a judge before I file a cross-complaint, how do I do this? As an ex-parte motion?

Also, Do I accuse the building people of self-help eviction on the cross-complaint? Please as much help on this will be appreciated. Thank you.

Asked on 4/15/11, 1:47 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Are you in Small Claims Court or Superior Court, have you filed an answer yet, what is the basis of the UD suit, etc. You must provide much more information.

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Answered on 4/15/11, 1:50 pm

Anthony Roach Law Office of Anthony A. Roach

Cross-complaints aren't permitted in unlawful detainer actions unless would preclude removal of the tenant from the premises, if they were successful. (Vella v. Hudgins (1977) 20 Cal.2d 251.)

You canít file a cross complaint in an unlawful detainer action to get money, which is the relief afforded a tenant when a landlord attempts self help measures. You have to file a separate action if you want to get money back from the plaintiff.

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Answered on 4/15/11, 5:48 pm

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