You would have to file a motion for relief pursuant to California Code of Civil Procedure section 473, and since this is an unlawful detainer...

Extent of modifications allowed when leave to amend granted.

Your second amended complaint cannot add a new cause of action unless you first obtain leave of court (either by stipulation or by noticed motion)....

Can the landlord legally evict me?

Yes, it is possible for the landlord to evict you under certain circumstances, such as if the fixed term lease has expired, if the landlord served...

Can papers that need to be personal delivered be overnighted?

Service of motion papers are governed by California Code of Civil Procedure sections 1005 and 1013.

Only the clerk of the court can serve a small claims Plaintiff's Claim via certified mail. You cannot serve the Plaintiff's Claim yourself,...

Unless the client voluntarily signs a Substitution of Attorney form which is then filed with the Court, the attorney must file a motion to be...

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If I received 60 notice and get email stating rent is due and it is asking for full month which I paid should have been partial?

When a landlord serves a 60 day notice to terminate a month to month tenancy, the tenant is obligated to pay rent for the entire 60 day period.

What happens if CMC is not set within 180 days of filed complaint?

Nothing really. Even when a CMC is set four months after the complaint is filed, the CMC can be (and often) be continued for a number of reasons...

Can I evict a tenant after I’ve given a 60 day notice ?

Unless the lease provides otherwise, it is not necessary to give any notice before filing an unlawful detainer lawsuit following the expiration of...

If you are current in your rent and are not otherwise in breach of the lease, the landlord cannot file an unlawful detainer lawsuit in court to...