How to challenge Writ of Execution (possession only) or Notice to Vacate posted on my door by Riverside Sheriff?

I am a tenant & I have 1-yr lease til March 2013. I got a Notice to Vacate in 5 days- Sept.19. Per attached Writ of Execution p.2 #24.a. Complaint was filed on Aug. 14, 2012 but I did not receive their Complaint bec, they did not serve and in violation of CCP 415.46. This was retaliatory eviction bec. they violated "warranty of habitability"; Civil Code 1940.8; 1946.1; 1954(c); I filed a breach of contract; fraud vs. landlord on June 2012, their untimely demurrer was stricken & overruled by Court on Sept. 6. CMC set on Dec. 2012. What is my legal remedy, relief or any motion or form to file in my case?

Murrieta, CA -

Attorney Answers (1)

William Stanley Fitch

William Stanley Fitch

Landlord / Tenant Lawyer - Chino Hills, CA

If you were not served with a copy of the summons in time to respond, you'll need to file a motion to set aside the default and default judgment that was entered against you, (CCP 473(b)), making sure you attach your proposed answer, as well as request that the writ of execution be recalled and quashed. You'll need to do this on an ex parte basis. Beyond that, you need to contact an attorney

A proper response would require a thorough investigation into the history and background of this relationship.... more

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