Read the following statute which governs demands for production of documents and motions to compel production of documents: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=02001-03000&file=2031.210-2031.320
For the format of a discovery motion please read the following: http://www.courtinfo.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1345
There are quite a few requirements and issues that need to be addressed. First of all, you need to have actually requested the...
If you are able to prove that the representative said the termination fee was $1,400 (text, email, etc.) then show that to the LL and pay the $1,400.
If you are not able to prove that fact, then the 1.5 months fee may not be that bad considering what a LL is legally entitled to when a tenant illegally terminates a valid lease agreement. A lease agreement is treated as a contract, and when a party to the contract breaches the agreement the non-breaching party is entitled to damages. So, for...
C.C.P. Section 335.1. "Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another." The statute may be tolled for reasons of insanity, minority, imprisonment, absence in the state, etc.
C.C.P. Section 338 further states, "Within three years: (a) An action upon a liability created by statute, other than a penalty or forfeiture; (b) An action for trespass upon or injury to real property; (c) (1) An...
There seem to be quite a few details missing in your statement of facts, which makes it difficult to provide an adequate response.
However, if the Answer was filed prior to your Request for Default then the Court will likely deny your request. The rational is that a responsive pleading must be filed within the time specified in the summons OR within any further time that may be allowed. A plaintiff who has yet to request a default has, in effect, allowed the defendant further time to file a...
A demurrer may not be the appropriate response in the UD action.
The best way to oppose the ex parte is to show up at the hearing and explain your reasons to the Judge why the ex parte application should be denied. It'd be better if you could file a written opposition along with a declaration setting forth the needed exhibits (i.e. a copy of the complaint in the other action, etc.) so the Judge has all the information in front of him/her and can make the right decision.
Your question is a bit confusing because it seems to be missing critical facts. For example, what happened at the scheduled trial?
If the trial proceeded forwarded as scheduled and you lost, then the Judge will enter an order for the creditor and against you.
If you are mistaken that you timely answered then perhaps a default judgment was entered against you and in favor of the creditor. If this is the case, and it's not too late, you can move to have the default set aside.
DISCLAIMER: I am not your attorney. This response does not create an attorney-client relationship between you and I. The following statements are general observations and not intended for you to rely upon them. You should contact a local attorney immediately for assistance in your case.
My recommendation is this: If you think this situation will likely happen again, then find a new place to live. Don't wait for this guy to come back with a knife and a little more liquid courage.