For Legal Guru Tracy

[SamIam]

Most informed Tracy

Los Angeles, CA.
Last month you gave me very good advice about my partial deposit, which the property management has yet to refund.

I have a small claims court scheduled for 7/18/00 against Envoy Properties Inc.

I am filing for the “partial deposit”, “filing fee” and “process serving fee”,
QUESTIONS:
(1)Can I also add my hourly work hours that I will be missing since it’s scheduled for during the week?
(2) I also have documentation from EP, stating retaliatory remarks.
Can I also ask the judge for “retaliation compensation” or “bad faith” compensation? If so it states the “defendant is libel for double the amount”. Who gets that amount? Or does the court get that amount?
Contested deposit ($205.00). West LA, filing fee ($20.00). Sheriff processing fee ($28.00). For a total of $253.00.

I’m almost there.
“Thanks Legal Guru Tracy”.
……..Sammy

 

[Tracey]

Good for you! To answer your questions,

1. No. The courts see this as the cost of doin business. It's also included in the double damages for unjustly withholding a security deposit.

2. Absolutely take the documentation along. You might need to amend your complaint to ask for 'retaliatory eviction damages'. It may be a separate cause of action of which you must give EP notice. File an amended complant adding that cause of action. You may not have to pay the sheriff to serve the amended complaint -- certified mail should suffice.

3. You get the double damages.

Make sure you take copies of all the CA laws with you. Sometimes small claims judges don't like to award the full statutory damages to tenants 'cause they think it's too much. Be ready to hand the judge the laws with the pertinant parts highlighted & say that the judge HAS to follow the law. (Politely)

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.