This is 2nd of two cases which just ended. In first case LL states i owe $0 dollars because I was his employee he fired on court filed civil documents , 1st case was dismissed by LL. One month later, 2nd Case filed LL, claims I owe over $25,000 on court filed documents, claims of non payment of over a year. LL tried to use court to extort money from my family.
I have undeniable proof " Money Order Tracers" that clearly show LL deposited Money Orders in to his account. Money Orders clearly state reason for payment, time and date as well as LL signature and deposit information into his account. Money Order's are proof 1st case was filed illegally. Also Money order tracers prove undeniably money asked for in 2nd case has already been paid to LL.
Based upon your description of the facts, I suspect what happened is that the landlord filed a new
"unlimited jurisdiction" superior court lawsuit against you. In order to qualify to be an unlimited jurisdiction case, the plaintiff must allege damages exceed $25,000. Since a plaintiff has the burden of proof, the landlord must still provide the court (or jury) with admissible evidence.
If you haven't done so already, you need to first file an Answer or General Denial.
Thereafter, you will need to propound written discovery to ascertain what evidence, if any, the plaintiff has. Written discovery consists of form interrogatories, special interrogatories, request for admissions, and demand for production of documents.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
3 lawyers agree
Personal Injury Lawyer
If you have documentation that establishes you paid the LL the very money claimed to be owed to him, by you, it would appear that you have a strong defense based on your representation. However, $25,000.00 is a substantial sum, and you want to make sure any legal defenses and rights you have are properly presented to the court, etc. It seems you would be best served if you retained an attorney to represent you a.s.a.p.