The most important part of your question is "the smoke bothers everyone here." If that's the case, it doesn't matter if your tenant is smoking tobacco, marijuana, opium, or oregano. That fact is, the tenant is doing something that is interfering with others' rights to use and enjoy the property. You can therefore evict the tenant for "nuisance."
By the way, it doesn't make any difference to the analysis whether or not you have a written or oral rental agreement.
First, don't worry about the asbestos insulation. So long as asbestos is not disturbed, it is safe. Since you're talking about insulation, I assume that asbestos is not floating around in the are, which is UNsafe.
You definitely can take you landlord to court for damages for cockroach infestation, ESPECIALLY if you have reports from the Health Department regarding cockroach infestation. Take the reports, and a lot of nasty photos, to court with you. If he doesn't fix the problem, you can sue...
Wow, the other two lawyers are crazy. Gas leaks can kill you. Yes, that is a condition that renders the premises untenantable, which is closely related to uninhabitability. Other conditions that render the premises uninhabitable is grass growing through your floors, beetle infestations (make sure it's not bedbugs), and uneven floors (which are trip hazards).
The landlord should be reported to the Los Angeles Housing Department, which should do a SCEP inspection and cite the landlord for...
Many times process servers will just post the summons and complaint on your door if they don't find you at home. It's not "legal" process, but it puts you on notice of the lawsuit. In unlawful detainer, if the process server cannot find you at home, the landlord can obtain a court order allowing service by posting and mailing, so don't be too sure that service by posting is improper.
Forget fighting the service issues. Process servers are not above lying about service of a summons and...
You CAN file a malicious prosecution action in small claims court against your landlord. Make sure you know what you have to prove: (1) you won; (2) there was no probable cause for the lawsuit; (3) any reasonable person would have known there was no probable cause for the lawsuit, and (4) malice by your landlord.
Your attorney cannot move for attorney's fees because the unlawful detainer action arose from a breach of contract, and attorney's fees are not recoverable pursuant to...
Typically, you can file an opposition to the ex parte application on the same day as the hearing. Just walk it in, and bring an additional copy for the moving party and one for you. Give it to the clerk, and he/she will give it to the Judge.
If your neighbors are complaining about violent behavior and lots of traffic, then perhaps you should serve these tenants with a 30 day notice to quit and get new tenants. That's a lot easier than trying to prove illegal activity. If you have a lease, you'll probably have to wait to the end of the lease to evict them. You can try to evict for illegal activity, but it's difficult.
Wow, this sounds like retaliatory eviction to me. You ARE entitled to be provided lodging by your landlord. If a landlord files an eviction lawsuit against you within 180 days of you complaining about problems in your apartment, that's retaliatory eviction.
You need a lawyer to properly defend this eviction action, and you need one right away. Proving retaliatory eviction is tricky--you can't do it yourselves.
If you didn't sign the new rental agreement, you should be fine. There are lots of defenses to unlawful detainer actions in West Hollywood, so make sure if you DO get served with an unlawful detainer action to hire a competent eviction defense attorney.