Q: to file a unlimited civil/counter claim on unlawful detainer that had resolution, owners harassed n broke court order.
in a unlawful detainer case, my response to their claim was filed on time by an attorney I hired. during that time i was harassed every day by the property owners. they tried to have my car towed, and towed my friends car. they turned off the power, water, gas, and locked me out from using the bathroom, shower, and kitchen area. They created a scene where they called in a burglary in progress and had me arrested, this was done a day before we had our court hearing date. these charges were later dropped by the DA. There was so much more that happened, our attorneys came to an agreement that was put on a court order. it said "no lockout prior to 02/28/2023". but I was locked out by the owners and police on the 27th at 5:15pm. at a loss of over 100,000 of my property. I informed my attorney at the time of the harassment, and that i wanted to sue. he never did it.
what forms to file unlimited civil advising harassment and submit evidence, do i use same case # from the unlawful det?
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A:
You'll need to file a new unlimited civil case since the unlawful detainer matter has concluded - this will require different case numbers. The form to begin your case is PLD-C-001 (Complaint-Civil), where you can detail the harassment, property loss, and violation of the court order. You should gather all evidence including police reports, photos, utility bills showing disconnection, and documentation of your losses.
Given the serious nature of the landlord's actions, including constructive eviction and violation of court orders, you might want to consider including causes of action for harassment (Civil Code 527.6), breach of contract, conversion (for your property losses), and violation of Civil Code 789.3 which prohibits utility shutoffs. The damages could include both actual losses and statutory penalties.
Based on what you've described, it would be beneficial to seek legal help for this complex case - contact your local bar association for referrals to attorneys who handle landlord-tenant disputes and civil litigation. You can also visit your local court's self-help center for assistance with filling out the forms correctly. The statute of limitations for most civil claims in California is typically two years, but you should file as soon as possible while evidence is fresh.
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