Notice to Pay or Quit

[Xegony42]

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

Background:
Co-signed lease with girlfriend
Broke with girlfriend
December rent late

My landlord issued pay or quit on December 6th
I quit the property that same day and took all my belongings.
Ex girlfriend stayed in property
Landlord issued unlawful possession suit
Ex girlfriend responded to suit
Court issued case date 1.20.14
Ex girlfriend moved out 1.19.14
I and ex showed up to court and case was converted into civil case as possession no longer an issue

Landlord on the morning of the 20th also filed a small claims case for the rent, filing fees and mis fees incurred by the unlawful possession suit.

(First question here) Can he legally sue me in both the small claims case and the civil case at the same time for the same reason? He had already filed the papers before our case was heard and he didn't tell the judge this at the time of our case. Is there a legal precident to have both cases dismissed since the landlord misrepresented his case to the judge?

Court issued case date 3.14.14 for the small claims case.

(Second question here) Can landlord sue me for all of December and Janurary? I left the property on December 6th and moved into a new location with a new roomate who can make a statement that I was in residence at the new property on December 6th. Since the landlord issued the pay or quit notice and I complied with the notice quit does that negate the lease agreement?

Thank you for your time in responding to my questions. It's much appreciated.

-X

 

[justalayman]

(First question here) Can he legally sue me in both the small claims case and the civil case at the same time for the same reason?

technically, yes but as soon as the issue is decided in either court, it is a defense to the action in the other court as you cannot actually retry the case once it has been decided by either court. (other than the possibility of appeals and such sort of actions)

what it sounds like is the LL was expecting the eviction to be dismissed due to the girl moving prior to court. He likely then figured he had to file a claim for his damages somewhere along the line.

so, in the civil case (the eviction court), what claims for damages is he making there?

(Second question here) Can landlord sue me for all of December and Janurary? I left the property on December 6th and moved into a new location with a new roomate who can make a statement that I was in residence at the new property on December 6th. Since the landlord issued the pay or quit notice and I complied with the notice quit does that negate the lease agreement?

yes, he can sue you, your girlfriend, or the both of you. You are jointly and severally liable for any debts regarding the lease. You may have an action against your girlfriend though, depending on the facts but as to the landlord; you are both equally liable.