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My tenans moved out after they got served the summons and complaint. Can I still use unlawful detainer case for money judgement

Asked over 2 years ago - Laguna Hills, CA

My tenants got served with a 3 day notice to pay or quit. They infomed me that they would move out in 10 days. I filed unlawful detainer, as I was not sure if they would keep their word. They got served with summons and complaint when 3 day notice expired, and they did move out a few days later. They didn't reply to the court either. Even though I got the posession of the place, they still owe me the money. Can I still proceed with the unlawful detainer case just for money judgement or do I need to request a transfer to the civil action or small claim? According to the court, the papers just for money judgement are UD-110, UD 116, and also CIV-100. What is not clear is that whether it will only applicalbe if the eviction happened. Please advise the next step.

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Attorney answers (1)

Adam Jay Jaffe

Reputation Level 8

Answered about 2 years ago. Lawsuit / Dispute Attorney in Camarillo, CA.

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You can still get a $$$ judgment in an UD. It would be better to go this route (though more expensive). I just lost a case for a landlord client on an appeal because she kept attorney's fees and costs from the UD case from her former tenants security deposit. The court felt that this was done in bad faith and assessed her further damages.

To be honest, I think that her former counsel gave her bad advice and MAY have a malpractice claim as a result.

Long story, keep it in the UD/Superior Court system.

Please feel free to contact me for further discussions.

-Adam Jaffe
Law Office of Adam Jay Jaffe
PO Box 2437
Camarillo, CA 93011-2437
(805) 504-2223
www.smallclaimsappeals.com
Adam@SmallClaimsAppeals.com

This posting is provided for “information purposes” only and should not be relied upon as "legal advice". Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different states.

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