Archived
Can my landlord give me a 3 day notice after an eviction was ruled invalid?
Frank's answer
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Answered on March 23, 2018
Yes, if the landlord failed to the unlawful detainer lawsuit, the landlord can start over again and serve a new notice, whether it be a 3 day...
Hw long do I have to context a fraudulent deed? Transfer of home.
Frank's answer
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Answered on March 23, 2018
Are you still in possession of the property? If so, there is no statute of limitations governing quiet title actions. Rather, the statute of...
Archived
Can I file a motion to Quash in response to an U D complaint where service of 60 day notice to vacate was insufficiant?
Frank's answer
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Answered on March 23, 2018
It is impossible to advise you without reviewing the allegations of the complaint for unlawful detainer. Generally speaking, the defect must be...
Archived
Will the sheriffs be here to put me out if I filed my answer incorrectly, to quash the eviction due to illegal service?
Frank's answer
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Answered on March 23, 2018
No, the sheriff cannot do anything unless and until there is a judgment in the unlawful detainer case. If and when there is a judgment in favor of...
Archived
No service by Defendant, Court entered Default, but then vacated it, what to do?
Frank's answer
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Answered on March 23, 2018
The summons for a forcible detainer/entry action is the same as the summons for an unlawful detainer, SUM-130. In other words, the defendant...
When a defendant fails to answer to a complaint, is the next filing a default judgment or a summary?
Frank's answer
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Answered on March 23, 2018
When a defendant fails to timely respond to the summons and complaint, the plaintiff should file a request for entry of default (not a motion for...
Archived
Do I have to serve my response to an Ex-Parte Application on the Platiff?
Frank's answer
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Answered on March 23, 2018
Yes, you must serve a copy of your opposition to the ex parte application on all parties in the case. Typically, you would serve the opposition in...
Archived
Does a motion for judgment on the pleadings need to list the names of the Defendants?
Frank's answer
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Answered on March 23, 2018
Yes, the defendant is required to name the actual defendants in future motions.
Archived
The process server in my trial was called to testify. The pos for the 3day , and the sum comp had his name on it...
Frank's answer
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Answered on March 23, 2018
If you were not properly served with the summons and complaint, you should have filed a motion to quash service. Instead, you apparently filed an...
Archived
Does a court order by a judge that you owe some costs sought by the prevailing party go on your credit report as a public record
Frank's answer
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Answered on March 22, 2018
A court order does not, but a court judgment does. If there is a judgment against you, you need to ask for an Acknowledgment of Satisfaction of...
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