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Small Claims after Unlawful Detainer Trial

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Xegony42

Junior Member
What is the name of your state (only U.S. law)? California

I was served with a UD case and we had our hearing where the result was possession was no longer an issue. The plaintiff chose to keep the case open and the court minutes state that the matter converted to a civil matter.
The Plaintiff served me with a Small Claims suit the same day as the UD hearing.
During the trial the Judge said that the Plaintiff could dismiss the UD case and bring a small claims OR continue the UD case converting it to a civil.
My question is: Are there any legal grounds to dismiss the small claims case since the UD now converted to a civil case is still pending?

The plaintiff hasn't filed any additional suit according to the court in the UD/Civil case matter. This seems like he is trying to sue me twice for the same civil matter.

Thank you.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? California

I was served with a UD case and we had our hearing where the result was possession was no longer an issue. The plaintiff chose to keep the case open and the court minutes state that the matter converted to a civil matter.
The Plaintiff served me with a Small Claims suit the same day as the UD hearing.
During the trial the Judge said that the Plaintiff could dismiss the UD case and bring a small claims OR continue the UD case converting it to a civil.
My question is: Are there any legal grounds to dismiss the small claims case since the UD now converted to a civil case is still pending?

The plaintiff hasn't filed any additional suit according to the court in the UD/Civil case matter. This seems like he is trying to sue me twice for the same civil matter.

Thank you.
This is a duplicate thread: https://forum.freeadvice.com/landlord-tenant-issues-42/notice-pay-quit-603232.html
 

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