Unlawful detainer - damages

anunez

New Member
Jurisdiction
California
I filed a UD case in which the defendants were in default and moved out. The attorney I hired only wanted to reposses the property and did not include damages in the claim. We also could not know what the actual damages would be until they moved out.

9 months later I filed a separate limited new case to collect rent due and property damages. On this new case, the Defendants failed to respond to my complaint and I am filing a default judgment on the rent and property damages due.

Question - Since I only received the property and no damages, I have two separate cases, is there a problem with this? If so, do I need to file any documents to consolidate both cases or does the court do this on their own motion?
 
Since I only received the property and no damages, I have two separate cases, is there a problem with this?

No. It is common for landlords to file initially for possession only and then to file for damages.

If so, do I need to file any documents to consolidate both cases or does the court do this on their own motion?

Assuming the second case was filed in the same court as the first, you were obligated to file a notice of related case (for which purpose there is a Judicial Council form). Since the first case is done, however, there's nothing to consolidate.
 
Back
Top