Does landlord threat to file a false police report against tenant qualify as evidence of malice?

Asked over 1 year ago - San Diego, CA

I’m suing my previous landlord for defrauding me into making improvements to the apartment I rented in exchange for rent credit. When I demanded that the landlord properly compensate me, the landlord retaliated by threatening to file false police reports against me with false accusations of trespass, destruction of property, etc., and I have the recordings of the voicemails with the threats. Civil Code 1942.5(f)(2) allows an award of punitive damages for retaliatory acts made with fraud, oppression, or malice. Do the threats to file false police reports count as malice?

Attorney answers (3)

  1. Kevin Lewis King

    Contributor Level 14


    Lawyers agree

    Answered . "Threats" of retaliation do not amount to retaliation. So, unless he actually acted on his threats, you have no retaliation case on these facts.

    Kevin King, Principal- Essential Law Services. HTTP://ESSENTIALAW.COM. The information presented here is general... more
  2. Peter Cameron

    Contributor Level 12


    Lawyer agrees

    Answered . Your situation sounds as though you need a lawyer. Rather than get advice on the Internet, please contact me for a free consultation at 877-603-8473 and we can go over everything in detail. My website it below. Best of luck.

  3. Michael Ryan Juarez

    Contributor Level 16

    Answered . I have to agree with Attorney King.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.... more

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