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skelly151, Lawyer
Category: Legal
Satisfied Customers: 2368
Experience:  Litigation specialist, Probate and Estate law, Collection law, contract disputes, builder issues
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I was in a wrongful eviction case in San Diego, Ca one year

Customer Question

I was in a wrongful eviction case in San Diego, Ca one year ago this May. We went in front of a judge with our lawyers and my side won. Now I would like to file the civil suit but I have two questions. The first question: how long do I have to file the civil action from the original court date? The second question: I signed a paper agreeing I would be moving on a certain date. Also, that contract stated when we go to court it will be on a "judgment of stipulation." What dose "judgment of Stipulation" mean for my case? It would seem I made a mistake by signing this paper at the time, but I'm really not sure. Thank you in advance for your help..
Submitted: 8 years ago.
Category: Legal
Expert:  skelly151 replied 8 years ago.
A judgment by stipulation means that you agreed to certain terms within the judgment and if that included a move date it was binding upon you. You may file your civil suit for what I assume are damages only if they were not awarded to you in the original action or that there was some finding as to any monetary compensation. File as soon as possible to get you monetary damages since it relates back to the original judgment but in any event should be within the year
Customer: replied 8 years ago.
Thank you, XXXXX XXXXX don't have a full understanding of the topic yet. There were no damages awarded to me at the eviction hearing. The contract was written by me and the landowner after the hearing. The only thing(I hope)I agreed upon in that contract was my move out date. I'm worried that we may have referred to the upcoming civil suit with that term. So, I would need to know what that term means in that context, if anything.

On the one year to civil sue question: If my court date was on May 1st 08': what would be the last date I could follow through with a civil suit? The attorney I worked with said it was two years but I have to double check to be sure. thank you
Expert:  skelly151 replied 8 years ago.
sorry i dont know how to answer that because important facts are missing as to what was stipulated to, but if you mean referring to limiting a suit for damages you need to look at the exact terms. If the suit was stipulated to after the hearing and it was dismissed without prejudice then you have one year from the date it was journalized. So dont file beyond May 1 and you should be timely.
Expert:  skelly151 replied 8 years ago.
have i answered your question
Expert:  skelly151 replied 8 years ago.
Expert:  skelly151 replied 8 years ago.
are you there