Can I File A Motion To Vacate and ask for the tenancy to be reinstated after A Lock Out?
2 attorney answers
Sounds like you have a good argument. The problem is timing and the expense of the pleadings you have to file to be reinstated. If it has been relet then you likely are only going to get damages. I suggest you simply file a motion to set aside and not restore the tenancy. A lot less expense and paperwork. This is a technical area of the law.
Especially if the default was obtained by improper means (e.g. the landlord fraudulently told you that there was no need to respond to the lawsuit), you may well have grounds to seek relief under CCP Section 473 (or perhaps 473.5, if you did not receive actual notice).
Based on the facts you outline, you should have a valid argument/defense that the landlord waived the (3-day?) notice and/or created a new tenancy by accepting rent for a period after the termination date.
You should immediately seek help from a local landlord-tenant attorney or tenants rights organization.