Q: Plaintiff's Complaint is Outdated-The Tenant Protection Act-2019 (AB1482)-has NEVER applied to San Diego?
In The Plaintiff's Complaint-Question #7 asks:"The Tenancy described in 6(above) IS or IS NOT subject to The Tenant Protection Act of 2019".The Plaintiff checked the box that said I am Subject to the Tenant Protection Act-2019.The Cornerstone of the Plaintiffs Case is based on a Law that has NEVER applied to San Diego.In My Writ of Mandate what is the term-word-phrase that is appropriate to describe the type of Complaint the Plaintiff has filed? Null and Void-Improper-Ineffective-Not Valid? Thank You
A:
Under California law, if a plaintiff's complaint is based on a misunderstanding or misapplication of the law, such as claiming that the Tenant Protection Act of 2019 applies when it does not, the term you might consider using in your writ of mandate is "misapplied" or "legally inaccurate." Specifically, if the cornerstone of the plaintiff's case relies on a law that does not apply to your situation or geographical area, this misapplication could undermine their argument.
In drafting your writ of mandate, you could argue that the complaint is "improper" or "based on an incorrect interpretation of the law" due to the misapplication of the Tenant Protection Act of 2019 to your situation. It is important to clearly present the facts and legal reasons why this act does not apply to your case, supported by relevant statutes, case law, or local ordinances.
Be sure to review the language of the Tenant Protection Act and local San Diego housing laws to confirm the act's applicability or lack thereof to your case. If you’re uncertain, consulting with an attorney knowledgeable about California housing laws can help clarify your position and ensure your writ accurately reflects the legal landscape. Your goal is to effectively communicate to the court why the plaintiff’s reliance on this particular law is misplaced and how it affects the validity of their complaint.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
