Suing ex-roommate in small claims

The determination of this question would be best determined by meeting with a lawyer, presenting the lease, and all of the underlying facts. That is the only way that you can be sure that you are making the right decision. I suspect that you will find that you are better off suing both of your roommates. That way, you can make a claim both under the lease against the person who is on the lease, and you can make a claim against the brother, based on an oral agreement or an equitable argument. You then put both of them on the spot to tell the judge what they thought their agreement was, and there is some likelihood that these accounts will conflict. I suggest that you ask the judge to have any judgment be joint and several between both roommates.

The San Diego County Bar Association can help refer you to a lawyer who can help you.

There is a book published by Nolo Press called "Everybody's Guide to Small Claims Court." You may find this to be a useful reference in preparing for your case.

Good luck!