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My tenans moved out after they got served the summons and complaint. Can I still use unlawful detainer case for money judgement
Laguna Hills, CA
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Posted 2 months ago in Landlord / Tenant
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My tenants got served with a 3 day notice to pay or quit. They infomed me that they would move out in 10 days. I filed unlawful detainer, as I was not sure if they would keep their word. They got served with summons and complaint when 3 day notice expired, and they did move out a few days later. They didn't reply to the court either. Even though I got the posession of the place, they still owe me the money. Can I still proceed with the unlawful detainer case just for money judgement or do I need to request a transfer to the civil action or small claim? According to the court, the papers just for money judgement are UD-110, UD 116, and also CIV-100. What is not clear is that whether it will only applicalbe if the eviction happened. Please advise the next step.
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