My question involves court procedures for the state of: California. I'll only give bare essential facts here. It should be assumed that all of the following is true & provable.
In response to me politely asking a neighbor to turn music down, he harassed & assaulted me, cussed me out shouting “F***ing white people” as I retreat in fear. All caught on video (which he's unaware exists). As a result of this & conflicts w/other tenants, he’s getting evicted. Now HE is suing ME in Small Claims for $10k (L.A., so $10k is the limit) for "pain & suffering" for me having complained to property management about his assault. In his small claims complaint he lied about EVERYTHING that happened, AND claims that I called him a "F***ing n***er" (during the incident caught on video), which I did not.
HERE'S MY QUESTION–I'd like to know if the following is a sound strategy or not, and if I should do anything differently:
1) I want to sue him for harassment & emotional distress,
2)THEN motion for his small claims case to be CONSOLIDATED with mine--CAN I DO THIS? What SPECIFICALLY do I need to do/file with the court to accomplish this? Then,
3) Motion to have HIS suit dismissed, leaving only MINE in tact, AND motion for Summary Judgment.
*Is this a viable strategy? If so, is the request for dismissal of his complaint & my Motion for Summary Judgment all one motion, or two separate ones? If separate, what's the request to have his suit dismissed called? Lastly, WHEN do I submit evidence, with my initial Complaint, or w/Motion for Summary Judgment? No negative Nellies please.
In response to me politely asking a neighbor to turn music down, he harassed & assaulted me, cussed me out shouting “F***ing white people” as I retreat in fear. All caught on video (which he's unaware exists). As a result of this & conflicts w/other tenants, he’s getting evicted. Now HE is suing ME in Small Claims for $10k (L.A., so $10k is the limit) for "pain & suffering" for me having complained to property management about his assault. In his small claims complaint he lied about EVERYTHING that happened, AND claims that I called him a "F***ing n***er" (during the incident caught on video), which I did not.
HERE'S MY QUESTION–I'd like to know if the following is a sound strategy or not, and if I should do anything differently:
1) I want to sue him for harassment & emotional distress,
2)THEN motion for his small claims case to be CONSOLIDATED with mine--CAN I DO THIS? What SPECIFICALLY do I need to do/file with the court to accomplish this? Then,
3) Motion to have HIS suit dismissed, leaving only MINE in tact, AND motion for Summary Judgment.
*Is this a viable strategy? If so, is the request for dismissal of his complaint & my Motion for Summary Judgment all one motion, or two separate ones? If separate, what's the request to have his suit dismissed called? Lastly, WHEN do I submit evidence, with my initial Complaint, or w/Motion for Summary Judgment? No negative Nellies please.
Motions: Can You Consolidate Cases in Small Claims Court
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