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Can an attorney have a writ of possession executed 2 months after the non-profit corporation he represented is in suspension?
Los Angeles, CA
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Posted about 1 month ago in Litigation
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I lost a unlawful detainer case, in late July for non payment of rent claiming uninhabitable premises and have filed an appeal. The non profit corporation that sued me went into suspension in August. Last week Oct. 13th the attorney who represented them had the writ of possession executed , the 5 day notice to vacate. I went to court with an ex parte application for a stay during my appeal. I forgot to sign my declaration so the judge said come back because the application was incomplete, but the lockout came the next day. I was going to argue that since the corporation was in suspension their attorney had no legal standing to ask the writ of possession to be served.
Answers (1)
Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted about 1 month ago.
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The main grounds for appeal are that the lower court 1) made a serious error of law or fact and/or (2) allowed a verdict in the trial or entered a final ruling or judgment that was against the weight of the evidence.
Your Judge said your application was incomplete. You will need to use your evidence that the Judge was wrong to support an appeal. If you did indeed have a complete application, get the order that the Judge in your case ignored and use that basis to appeal. If the Judge was right and you did not have a complete application, then you may not have a basis to argue that the Judge made a serious error of law or fact. You will need a lawyer to best formulate your appeal. Check with a lawyer in your locale to discuss more of the details. Good luck to you. God bless. NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. |
