CAN THE LANDLORD STILL ENFORCE THE WRIT OF POSESSION IF THE JUDGE VACATED THE DEFAULT AND THE DEFAULT JUDGMENT?

No, the landlord cannot do so. The writ is not enforceable. Basically, the landlord used "self-help" to move you out. Landlords who effectively...

California Civil Code section 1950.5(l) provides: "(l) The bad faith claim or retention by a landlord or the landlord’s successors in interest of...

Can I still file my motion if I forgot the reservation ID and the 21 day mailind deadline was today??

You could still file your motion tomorrow if you have the motion personally served on all other parties. You just need to file the motion and have...

Are you sure you were served with a summons in small claims court? Unless you are filing a Defendant's Claim, it is not necessary to respond to...

It doesn't matter whether the plaintiff filed the proof of service because you waived defective service by appearing at the trial. If/when you...

Do you prepare instructions for the judge for trial on equitable claims?

No, there are no jury instructions for the judge. Jury instructions are only needed for the legal claims. You mention your equitable claims in...

If a defendant uses a private mail box service (such as the UPS Store) as the defendant's "usual place of business", a process server can legally...

Yes, the Respondent can still request oral argument, and if so, you will be expected to be present during oral argument (although you can be...

What is the legal threshold at which someone is considered a vexatious litigant in California?

As defined by California Code of Civil Procedure section 391(b)(1), a "vexatious litigant" means a person who, in the immediately preceding...

There is no recourse under the current Code of Civil Procedure section 430.41 as drafted and enacted. Even if you obtained entry of default, the...