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
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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.

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.