Tenant was not served with notice to appear nor have the judgement or Writ of Judgement. Writ of Execution states Prejudgment Claim Right to possession not served complying CCP 415.46. Shows up in Sheriffs Excourt papers,still l do not have writ of Possession to verify my name is on it or not.
Judge at Execution Hearing denied to hear my case. Denied continuance due to Judge relieving attorney hour before And i was excluded from the previous hearings .Why is this that? Isn't a self eviction-against the law. Right? Trying to recover Legal blunders left by attorney. Trying to-motion to vacate void defaults and void judgments due to forgeries submitted by landlord & judge refuse to hear defense. Are these grounds ok to vacate void defaults and judgments? Attorney refuses affidavit of fault.
If you were an occupant of the premises, you should have presented the sheriff deputy with a completed Prejudgment Claim of Right of Possession, which would have stopped the lockout and caused the court to set a hearing. This does not appear to be a "self-help" eviction by a landlord nor a void default judgment which can be vacated pursuant to Code of Civil Procedure section 473, subdivision (d). It seems you had an attorney representing you, which attorney was not successful. It is not clear why/how the court "relieved" the attorney.
Frank W. Chen has been licensed to practice law in California since 1988. This posting does not create any attorney-client relationship. The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your particular situation, please consult with your own attorney. This posting is not intended to constitute an advertisement nor a solicitation.
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