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Am I able to sue my landlord on a fraud claim

Asked over 3 years ago - Beverly Hills, CA

I have alredy sued (and won) teh landlord for breach of the covenant of habitability and quiet enjoyement of the apartment.
I would like to know if I can sue him for fraud (again, in Small Claim Court) since I have evidence that he knew the issue and denied it before I signed the contract.

Thank you very much.

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Attorney answers (2)

Alec Scott Rose

Reputation Level 15

Answered over 3 years ago. Violent Crime Lawyer in Santa Monica, CA.

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You should speak to an experienced rental law attorney about whether you can still sue. Having brought one lawsuit, you may not have the right to bring a second small claims case against the same person.

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Kenneth Evan Chyten

Reputation Level 14

Answered over 2 years ago. Litigation Lawyer in Oxnard, CA.

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Courts frown upon related claims against the same defendant being split into separate actions. .

If the fraud relates to the same habitabilty issues that have aleady been adjudicated, the court could therefore deny you the right to pursue such claims in a new action.

I would strongly urge you to consult immediately with a litigator skilled in this area of the law.

PLEASE NOTE THAT THIS RESPONSE SHOULD NOT BE CONSTRUED AS A LEGAL OPINION OR ADVISE, AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. IN ORDER TO RENDER A LEGAL OPINION OR ADVISE, THE RESPONDING ATTORNEY WOULD NEED FAR MORE INFORMATION THAN HAS BEEN PROVIDED, AND WOULD NEED TO BE RETAINED PURSUANT TO A WRITTEN FEE AGREEMENT.

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