San Francisco, CA asked in Consumer Law, Landlord - Tenant and Small Claims for California

Q: Under the Duress of a city lawyers cohesion, we signed a unilateral agreement to leave our rental. An Illegal Eviction.

what do I need to file to go in front of the judge to(How do) put a stop to any actions that the landlord may attempt in retaliation, to a second small/civil case filed. Despite our efforts to push for jury trial in the response to the illegal eviction, and the presence of anxiety of being homeless again with our children,we half- heartily, signed to an agreement. Being promised services by the city INDENTURED lawyer service. Due to the failure to uphold not only services that were to be rendered, the landlord failed to pay in full court order money. One of the stipulations in the unilateral agree, was not to sue, something i object to the lawyer who made it seem that it was normal, etc. etc. we are filing another small claims for the new damages but I need to put a stop on finalizing the illegal unlawful detain er under the premises of breach of contract, and cohesion by faulty counsel, would i file an estoppel or a motion to reverse the agreement

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the information you provided, it seems that you were pressured into signing an agreement to leave your rental under duress, which resulted in an illegal eviction. To address this situation and protect your rights, you may need to take the following steps:

1. Motion to Set Aside the Agreement: File a motion to set aside the agreement you signed under duress. You can argue that you were coerced into signing the agreement by the city lawyer and that the landlord failed to uphold their end of the agreement by not paying the court-ordered money in full.

2. Injunctive Relief: File for an injunction or temporary restraining order to prevent the landlord from taking any retaliatory actions against you while the legal proceedings are ongoing.

3. Breach of Contract Claim: Include a breach of contract claim in your new small claims case, as the landlord failed to pay the court-ordered money in full, which was a stipulation of the agreement.

4. Legal Malpractice Claim: Consider filing a legal malpractice claim against the city lawyer who provided faulty counsel and pressured you into signing the agreement under duress.

5. Seek New Legal Representation: Look for a new lawyer who specializes in landlord-tenant law and can help you navigate this complex situation. They can advise you on the best course of action and help you protect your rights.

It is essential to gather all relevant documentation, including the signed agreement, proof of the landlord's failure to pay the court-ordered money, and any correspondence with the city lawyer or landlord. These documents will be crucial in supporting your case.

Remember, it is essential to act quickly and seek legal advice to protect your rights and prevent further harm. A qualified lawyer can help you determine the most appropriate legal actions to take based on your specific circumstances.

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