What is the name of your state? CA
My brother gave me permission to live, rent free, in his delapitated house. (he lives in Oregon - I am in CA) The house is delapitated because it used to belong to my father who refused to maintain it. Father died and left this house to my brother, but his Trust says that I am supposed to get half of the cash in his bank (about $50,000) Brother is executor of Dad's trust and won't give me my money. And so since there is no way my brother can sell or rent this house because of the pre existing damages (mold, broken water pipes, busted windows, faulty wiring, etc.) he said I could live there until he figured out what he was going to do with it - and until he gave me my money.
The day after I moved in, my brother called the police and accused me of breaking & entering and trespassing. Then he filed a forcible detainer against me. We went to court, and the judge agreed that I was living in the house with my brother's consent (I had witnesses who testified that my brother said I could live there so why is he doing this to me?) or until my brother gives me my money. The damages were pre existing (brother was suing me for over $20,000 for damages, attorney fees and lost rents) - and judge dismissed these expenses. I think my brother wants my money to pay for his crappy house.
So now my brother's attorney is filing another lawsuit against me saying that they are not going to give me my money because I owe my brother for rents and fees and expenses (that have jumped to $40,000 since the forcible detainer was dismissed) Again, I am being accused of breaking and entering and trespassing and remaining in the property with out consent. Do I have a malicious prosecution case?
Thank you and please respond asap.
My brother gave me permission to live, rent free, in his delapitated house. (he lives in Oregon - I am in CA) The house is delapitated because it used to belong to my father who refused to maintain it. Father died and left this house to my brother, but his Trust says that I am supposed to get half of the cash in his bank (about $50,000) Brother is executor of Dad's trust and won't give me my money. And so since there is no way my brother can sell or rent this house because of the pre existing damages (mold, broken water pipes, busted windows, faulty wiring, etc.) he said I could live there until he figured out what he was going to do with it - and until he gave me my money.
The day after I moved in, my brother called the police and accused me of breaking & entering and trespassing. Then he filed a forcible detainer against me. We went to court, and the judge agreed that I was living in the house with my brother's consent (I had witnesses who testified that my brother said I could live there so why is he doing this to me?) or until my brother gives me my money. The damages were pre existing (brother was suing me for over $20,000 for damages, attorney fees and lost rents) - and judge dismissed these expenses. I think my brother wants my money to pay for his crappy house.
So now my brother's attorney is filing another lawsuit against me saying that they are not going to give me my money because I owe my brother for rents and fees and expenses (that have jumped to $40,000 since the forcible detainer was dismissed) Again, I am being accused of breaking and entering and trespassing and remaining in the property with out consent. Do I have a malicious prosecution case?
Thank you and please respond asap.