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How to respond to a frivolous cross-complaint?

San Diego, CA |

I sued my past landlord for money owed to me for materials I provided to fix the apartment I rented. After the apartment was repaired, there were still habitability violations, some serious, which the landlord did not want to repair. I reported the violations to the health department and the landlord retaliated by evicting me, so I sued. The landlord filed a frivolous cross-complaint counterclaiming that I caused the habitability violations which he did not want to repair and I reported. The landlord’s counterclaim absurdly tries to SHIFT THE BLAME for the habitability and other violations, based on totally false factual allegations, excepting me to pay for the repairs. This is the absurd pattern of the entire cross-complaint. What is the legal fallacy of the landlord’s counterclaims and what is the best response to this type of frivolous cross-complaint? In fact, the entire cross-complaint is fabricated, offensive, and retaliatory.

The counterclaims in the cross-complaint are an extension of the same fraud and malice which I'm suing for in my complaint.

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Attorney answers 1


There are many proper responses to a cross-complaint. You could simply answer with a general denial (the simplest method) and then leave it up to the landlord to prove his claims. You could also file a demurrer, motion to strike, motion for judgment on the pleadings, motion for dismissal, an anti-slapp motion in some cases, and probably other responses.

You may want to hire an attorney to assist you.