In California, unlawful detainers are summary proceedings that occur in a court of limited jurisidiction. In other words, because the law expedites unlawful detainer matters through summary proceedings, that court does not have the power to hear all matters that other courts would be able to hear or determine. Instead, in California, the unlawful detainer court has jurisdiction to decide possession and back rent owed. As soon as possession is no longer at issue, the court converts the case to the regular civil calendar.
As a result, you unlawful detainer attorney can sue for possession and back rent. However, if the attorney is representing the defendant tenant the attorney does not have the ability to state an affirmative claim for damages, only defenses.
Posted by Zachary D. Schorr, Schorr Law, APC, www.schorr-law.com, info@schorr-law.com , 323-658-8196
I received an unlawful detainer on Dec. 24th 09 and filed my answer Dec. 28th I currently receive UI benefits from Vermont as of last month I relocated to the state of Calif. The landlord would like to come to an agreement w/me re:making a payment plan for the delinquent rent I owe. I am worried that my credit has already been damaged and also been put on the First Advantage Saferent “blacklist” I want to know if I can ask the manager to give me a written statement that shows we/I did’nt go to court so I ddnt lose and should not be held responsible for court fees.
You may be able to ask to have the unlawful detainer action sealed so that it does not show up and harm your ability to rent future apartments. I would ask to see if that is a possibility.