Q: Seeking Redress for Underpaid Relocation Assistance: Small Claims Court or Civil Court?
I have an issue regarding a relocation assistance disagreement with a former landlord. My 75-year-old disabled mother and I were tenants in a condo complex unit in LA, which follows LA County regulations. We were given a no-fault eviction. The landlord’s 60-day notice and UD-100 did not mention the relocation fee. Also, his 60-day notice did not provide the reason for our eviction. So, when he gave the UD-100, I contested it due to the incomplete 60-day notice, which only said we should vacate in 60 days. After the hearing was set, he offered a $10,000 relocation fee. I accepted the agreement and we left within a month. But, I opened a small claim because he did not pay the relocation fee. Now, I found out that the correct relocation assistance for our 2-bedroom unit is $13,359. What should I do? Does $13,359 fall under a civil case? Can I open a small claim for the difference, $3,359, later? Or is it possible for the small claims court to handle the entire $13,359 relocation fee?
A:
In California, the jurisdictional limit for small claims court for individual claimants is $10,000. Given that you've already initiated a small claims action for the initially agreed-upon $10,000, you could potentially seek the difference of $3,359 in a subsequent small claims action. However, there's a doctrine called "res judicata" which, once a claim is decided, may bar subsequent actions involving the same dispute.
If you wish to pursue the full $13,359, it would be prudent to consider dismissing the current small claims action and initiating a case in civil court, ensuring you're within the statute of limitations. Civil court, unlike small claims, allows for more comprehensive discovery and representation. However, the process is more complex and can be lengthier. Whichever route you choose, ensure that all actions are consistent with California's procedural and substantive laws. Always weigh the costs, benefits, and potential outcomes before proceeding.
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