Can a defendant in an unlawful detainer case file a request for dismissal with prejudice.

Asked over 4 years ago - Oakland, CA

I agreed to rent my grandmothers house. My uncle, who represented himself as power of attorney, drew up a rental lease. A few months ago, a family member told me that he did not have power of attorney and never did. I found out through the courts that the house is in trust for the family. I immediately stopped paying him rent. He filed eviction papers without an attorney. He only served me a 3 day notice to pay or quit. I answered and argued that he is not the owner of the house. My grandmother is the trustee, who is in a nursing home, bed ridden for 4 years. However, she still holds title. My uncle now has an attorney, who has filed for a dismissal with prejudice, which would allow him to refile the unlawful detainer.

Additional information

Correction: My uncles attorney has filed for a dismissal without prejudice.

Attorney answers (1)

  1. Frances Miller Campbell


    Contributor Level 15

    Answered . The landlord is the only one who can dismiss the case. And you are correct. A dismissal without prejudice will allow him to refile the case. You need a lawyer, and you need one who is familiar with the rent control law in Oakland.

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