Legal Question in Landlord & Tenant Law in California

In a recent UD cas brought against me by my landlord, I agreed to a stipulation in lieu of trial I honored the stipulation and am now pursuing my claims against him in small claims court. He says we already reached our "settlement", but the case was dismissed with prejudice.

What can you tell me about this?

Asked on 1/16/18, 2:21 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Likely in the stipulation you agreed to move out by a certain date. In exchange, perhaps the landlord waived a certain amount of back rent if that was the issue. In addition, most of the agreements release all claims by both parties against each other, including those known and unknown, and which might even arise later out of the issues in the complaint. If that was included in your stipulation -- including waiver of Civil Code section 1542 -- the landlord's lawyer might be correct. You might want to have a lawyer review your agreement. The fact that the UD case was dismissed with prejudice might not help you if you agreed that when you fully performed your part of the agreement, the case would be dismissed.

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Answered on 1/17/18, 3:03 pm

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