Landlord files 2 Unlawful Detainer cases simultaneously
This is a discussion on Landlord files 2 Unlawful Detainer cases simultaneously within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; Can a landlord file two identical yet sepearate Unlawful Detainer cases in the same court simultaneously on the same matter? ...
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#1 |
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Landlord files 2 Unlawful Detainer cases simultaneously
Can a landlord file two identical yet sepearate Unlawful Detainer cases in the same court simultaneously on the same matter?
In California, Los Angeles in particular, can a landlord file a new Unlawful Detainer case in the same court right in the middle of an existing Unlawful Detainer that they have already filed and has not yet been concluded? This is the same matter against the same defendant in the same court in both cases and each case has its own seperate case number. |
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#2 |
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Top Level Member
Join Date: Dec 2009
Posts: 12,577
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I wish to inform you that a person cannot file more then one suit on the same subject matter in the same court. The matter which is with the court for decision may not be again filed in same court. Once the case has been decided then appeal can be filed. The Right against Double Jeopardy provides that no person should be tried for same offence by same court more then once.
AFF |
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#3 |
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WRONG AGAIN AFFA. The same type of case (subject matter as you say) CAN be filed twice, just not on the same EVENT. He cannot file twice on the same non-payment of rent. But if you are in the middle of an eviction now for non-payment of rent or for lease violations, and while this trial was proceeding, you again committed a non-payment for the next month or some other violation of your lease, he can file on these new charges.
Let's say he files for non-payment of March's rent. Well, now it is April and you haven't paid rent again. That is another charge or case. The case on failure to pay March's rent has nothing to do with you also not paying for April. It is another event. (Just like someone who commits another armed robbery while on trial for an armed robbery last month. Two different cases, two different trials.) Or if you are having a non-payment of rent eviction, and now you go get a pit bull despite the strong NO PETS clause in your lease. You fail to cure the violation as per the notice. Now the LL can file another eviction case on the lease violation despite the pending non-payment of rent trial. You would face 2 eviction cases. You may win one, but may still be evicted by losing the other. Now if you have not committed a second offense, he cannot file a new case. Then it would be double jeopardy as AFFA said to try you twice for the same event. So a LL could not file twice if you failed to pay only March's rent. If the LL lost that case, he could file an appeal after the fact. But if you do more than one event, you can see more than one case filed. |
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#4 |
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I'm so glad other posters besides myself see how many times AFFA'S posts are glaringly incorrect. My posts complaining about that very thing are deleted by the very same administrators that allow his postings to stand. Mind you,,,, a LEGAL message board administration ad hoc committee allows AFFA'S post to stand while deleting those that alert the public who ask questions here about the dubious nature of such "advice".
AFFA really should be banned from posting on ANY legal forum. His responses are more apt to cause more legal rife than resolve them. I'm sure this site is the only place his posts are NOT deleted. |
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#5 |
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Affa said on the same matter. Your description above is not the same matter. It is a different event.
I see some times you want to argue your point on this forum but at least make sure there is a real argument. There is not one here. You could just make your point. You might check the word "identical". Just my thoughts as an observant guest. |
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#6 |
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[Now if you have not committed a second offense, he cannot file a new case. Then it would be double jeopardy as AFFA said to try you twice for the same event]
That was the original question. Can identical filings occur. Answer: no |
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Landlord files 2 Unlawful Detainer cases simultaneously






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