If you receive a Unlawful Detainer (Eviction) in the mail on a Wednesday, What day do you have to respond by ...
Frank's answer
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Answered on August 19, 2015
Service would not be proper if you only received the summons and complaint for unlawful detainer by mail. There are 5 ways to serve an unlawful...
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I was told by voicemail that plaintiff dismissed the case, don't show up to trial tomorrow. Should I have signed something?
Frank's answer
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Answered on August 10, 2015
Yes, he is allowed to do this. Your consent is not required for the plaintiff to voluntarily dismiss the case without prejudice prior to the...
Archived
I was late in by 1 week with my answer to an unlawful detainer. How do I proceed? Is there a specific form to file.
Frank's answer
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Answered on August 10, 2015
If a default has already been entered against you, then you will need to file a motion to set aside default (and possibly also vacated default...
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Unlawful detainer(s) served on all 4 tenants...Do all 4 have to answer and/or appear in court?
Frank's answer
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Answered on August 10, 2015
All four must each file an answer to the complaint if each of the four is not an attorney and desires to represent himself or herself in pro per. ...
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Can the default of a defendant still be requested after 10 days deadline in Cal rule or is too late after that?
Frank's answer
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Answered on August 09, 2015
So long as the defendant has not filed an answer, demurrer or motion to strike, the default can still be entered (assuming the request for entry of...
Archived
I received a 3 day pay or quit, a pre judgment claim of possession notice and a summons from my landlord's attorney.
Frank's answer
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Answered on August 09, 2015
It would be usual to receive a 3 day notice to pay or quit AND a summons and complaint for unlawful detainer (unless the 3 day notice was an...
Archived
Can a defendant's attorney in small claims, file a civil case for the same case and have the two cases consolidated?
Frank's answer
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Answered on August 08, 2015
Yes, it is possible. A small claims court case (i.e. the Defendant's Claim) can be reclassified as a superior court case, and the two cases can...
Archived
Valid reasons for 60-day notice?
Frank's answer
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Answered on August 07, 2015
If you are a month to month tenant (and have been for more than 12 months), the landlord can terminate the tenancy by serving you with a 60 day...
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Do all the Defendants have to be served a copy of opposition to Demurrer of one Defendant, even if voluminous with exhibits ?
Frank's answer
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Answered on August 07, 2015
Yes, every party to the lawsuit must be served with the complete opposition (including exhibits which are attached thereto).
Archived
Can a non lawyer office assistant serve defendants for federal lawsuit?
Frank's answer
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Answered on July 24, 2015
Yes, certainly. Anyone over the age of 18 who is not a party to the lawsuit can serve the summons and complaint. Therefore, this alone would not...
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