Will my Unlawful Detainer case be dismissed if I couldn't file my Request for Trial within 5 days of the Answer being filed?

Asked over 1 year ago - Concord, CA

I am a landlord evicting a tenant. The tenant filed an Answer to my S&C on a Wednesday. I received my copy of the tenant's Answer on Friday afternoon. I was unable to make it to the court to file the Request For Trial by 5 pm on Monday which was the end of the 5th day after the Answer was filed. Will this case be automatically dismissed? Is there anything I can do if it is? This tenant owes me a lot of money.

Attorney answers (1)

  1. Frank Wei-Hong Chen

    Contributor Level 20


    Lawyer agrees

    Answered . Normally, the unlawful detainer case will not be automatically dismissed. Rather, after some time has passed, the court will issue an Order to Show Cause for failure to prosecute. Thus, all you need to do now is to submit your Request to Set Case For Trial as soon as possible.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more

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.

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Before a landlord can start eviction proceedings, he or she must follow specific rules (that vary by state) for giving a termination notice to the tenant.

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