I proved my defense of retaliation and was awarded judgement,can i file a lawsuit?

[assassin]

What is the name of your state (only U.S. law)? california

ok heres the basics,i have been a tenant here for 10 years,not once have i been late on rent,i live in one of four buildings owned by toka property management on this street,there has been ongoing criminal acts taking place,vehicle theft,vehicle vandalism,property being stolen out of vehicles,i even had my motorcycle stolen out of my carport garage,the lighting here is poor,landlord is aware of the criminal acts taking place,i have requested better lighting over and over,as a result i was given a 60 day notice,followed by an unlawful detainer,i claimed retaliation in defense,i was awarded judgement in my defense of retaliation.so i want to file a lawsuit against the manager,toka properties and the maintenance, these are what i consider what they are responsible for doing

1. causing a tenant to quit involuntarily,bringing an action to recover possessionfor the purpose of retaliation (Civ.Code 1942.5)

2.neglence on failing to provide adequete lighting in means to prevent criminal acts from taking place on toka properties

3.violation of californias fair employment and housing act by harrassing,eveicting a tenentwhen the "dominant purpose" is to retaliate.

4. false statements,false accusations,to the superior court while being sworn under oath to tell the truth

5. attempted arrest of me ,sitting in the back of a police car for over an hour because of manager giving false statements to the police

6. the stress,anger,and miserable 3 months of the bull**** i had to deal with knowing the lies they wrer telling,the unfair and unjust morality of the whole process of what i went through,which i should have never been subjected to.and my father is also a defendant,he acquired a case of shingles due to the stress put on him fearing the thought of being evicted.

any advice on my legal behalf would be greatly appreciated,thanks

 

[Cvillecpm]

You need to have an attorney review the file and evidence.

Frankly, on-site managers NEVER have any money so they are virtually judgement-proof and poking the landlord/property owner may get you loads of grief and a new home search in 6 months!

 

[easementlover]

grab a small claims form right now!!!

if i was you, i'd go tomorrow morning, go to the local court, small claims, pick up a form sue for everything you just stated and punitive damages and sue this property management company for the full $5,000.00 california bucks!

want to have some real fun with these horrible property management company?

get online and contact judge mathis, judge judy, whoever you can contact and they will take you in a heartbeat!!

they are dieing for a david vs. goliath story like yours. thats exactly what this is.

state wrongful everything!!! then back yourself up with tons of perfect receipts and then break down your story of when the hell began for you. the total of your losses, stress, work, motorcycle, everything.

once saw a small claims case where a poor woman with 3 kids, stated the neighborhood turned bad, they wrote letters, please give me a security door, please improve the outside lighting, a porch light, please, guess what she got?

just like you, she was told to move out! they show up, just like they will with you, with suits up to the nines! they really suited up, 4 people all suited up against this poor woman in jeans and t-shirt and brought her 3 kids.

that judge ripped into that property management company like you would not believe in california!! awesome, same for you!!

go get them tiger!!

 

[assassin]

thanks for the reply,although i dont like it when my civil rights have been violated,and my father is a senior and if chance we did get evicted because of the false statements,false accusations from the landlord,we would have been thrown out in the street,being we cant afford to get into another place,and the neglegence on there part by not providing adequete lighting for 4 apartment buildings thus preventing numerous cars being vandalised,stolen.and from what the manager says,she says there is nothing she could do about it its coming from corporate.and being the landlord is a representative of the property owner there both at fault.every single outside light fixture in the carport garages is 150 watt max fixture, thats around 20 total fixtures at 150 watt max a piece,the bulbs in those 150 watt fixtures are all 15 watt energy efficent cost efficent bulbs,they are not even outdoor floodlights.the maintenance man while sworn under oath testified to the court that the fixtures are only 60 watt fixtures with 60 watt bulbs,because i had 90 watt floodlights,and they were given back to me,the court asked why wasnt i allowed to use the floodlights,that is when maintenance lied and said there only 60 watt fixtures and it would be a fire hazard there only capable of handling 60 watts.thats only one lie,there are several other to go along with that.

if i can bring a lawsuit against them to get money to find another place that would be great,i can even sue for costs for moving fees,first and last months rent,security deposit,because as you say they might do it again in 6 months,i am not the type a person to let someone atempt to pull this kinda ****,this landlord and maintenance have no reason fior being here i have proven what kind of show they run.they have no morals,values,they are liars,and willingly make false accusations,false statements,lies in attempting to eveic someone.would you have any referrals in los angeles or orange county california possibly?thanks

 

[assassin]

easementlover thanks for that,although small claims wouldnt cover what i feel im owed.peace

 

[CA LL]

What city is the rental in?

I doubt you could prove monetary damages on any of the above. You already "won" the UD lawsuit and retained the right to remain in the unit. If the judge had felt anything else was warranted, they would have granted such.

Unless you are in eviction control area, you actually lucked out due to a tenant friendly judge. Retaliation defense per case law in CA is typically only granted when you call a public agency to report the LL and within six months (or a year sometimes) they terminate your tenancy.

 

[Proserpina]

OP, whatever you do decide, please ignore easementlover's ramblings; he/she/it is posting nonsense all over the forum and has been reported.

 

[assassin]

I CAN PROVE IT I CAN PROVE THERE FALSE STATEMENTS AND FALSE ACCUSATIONS THROUGH COURT TRANSCRIPTS,they swore under oath and stated thatb they have had several tenants complaining about me,when i have every single tenants written statement,dated signed,name,phone nember saying they have had no problems with me and enjoy me as a neighbor.the pictures i took of he light fixtures and bulbs will prove thats a lie,the manager has called me on several occasions at sometimes 2:00 in the morning saying that a tenant called and heard suspicious noise in the back,and asked me if i would look becuz there both too scared,everything i have stated i can prove.these people need to be taught a leson,this is america and they do not own it.i have put my life on the line ere many times and for them to evict me in retaliation becuz my persistent requests for better lighting,shows ther3e lack of concern for the safety of there tenants and property.that kind of conduct from them needs to be adressed and suit filed

 

[assassin]

i dont see why easementlover reply was nionsense i am actually thinking of doing that,i see no reason at all for stating that is crap,

 

[Antigone*]

i dont see why easementlover reply was nionsense i am actually thinking of doing that,i see no reason at all for stating that is crap,

In this particular case easmentlover's reply is crap because you cannot use small claims court as a remedy for your proposed actions.

This guy has been all over this board tonight spewing horrible and inaccurate advice. He says he is a debt collector and yet he states that he didn't know of any states that did not allow garnishments ~ this was only one give away that he didn't know what he was talking about.

 

[Cvillecpm]

Assassin * strange handle!~!

Unless you paid for it, there is no court transcript.....You need to take your EVIDENCE and DOCUMENTS to an attorney QUICKLY! The clock is counting on their being able to terminate your tenancy....you have a reprieve - NOT a victory.

The judge should not have considered any documentation from "neighbors" if they were not personally in court to testify....unless the appeal time has expired, your landlord/plaintiff can appeal the judge's order to a higher court.

 

[ecmst12]

You WON the suit. So, you were not damaged monetarily by any of their actions, except maybe for a day's pay when you had to appear in court.