Small claims Refile SOL? Tenant / Landlord matter

Asked about 1 year ago - Los Angeles, CA

i had hard time locating defendants i attempted serving them within time frame, I have now located the First defendant. Can i refile due to unablity of locating defendant. This is a tenant/ Landlord dispute for Intending to move me out w false pretense and violating Tenant rights and Illegally lock out and Removing my property and disposing of property illegally. breaking and entering into unit . i attempted to do Mediation as suggested by Consumer advocacy and the Defendants Refused Mediation.

Attorney answers (3)

  1. Deborah Fiumera Bayus

    Contributor Level 7

    1

    Lawyer agrees

    1

    Answered . It sounds as though you filed in small claims court - you can request that the court give you a new date for your hearing (unless the case was dismissed), and then you can have you Defendants served.

  2. Deian Valentinov Kazachki

    Contributor Level 11

    1

    Lawyer agrees

    Answered . It's not clear what is happening here. It appears that you've filed a wrongful eviction lawsuit, but you have been unable to locate & serve the defendants. If that's the case the Court will give you some time (months) to serve the Complaint or you can request service via publication. I'm not sure why you'd need to refile unless your case was dismissed.

  3. Steven Joseph Alves

    Contributor Level 11

    1

    Lawyer agrees

    Answered . You need to take all of the documentation related to your situation to a local attorney to seek advice that is specific to you. The general advice we could provide in this forum isn't likely going to answer your questions. Do not delay, as courts can be quite harsh when it comes to time limits to bring a case. Best of luck to you.

Related Topics

Landlord-tenant law

Landlord-tenant law is governed mostly by state laws, and covers issues like security deposit limits and deadlines, evictions, and the right to withhold rent.

Renting property

Rentals are houses, apartments, or similar where the resident pays the building's owner for the right to live there, usually under the terms of a written lease.

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