It sounds like you were already served with a summons and complaint for unlawful detainer based upon the improper 30 day notice to vacate. You should have filed an Answer to Complaint raising the affirmative defense that the landlord was required to give 60 days notice pursuant to California Civil Code section 1946.1, subdivision (b). If you did not raise this defense, you might be able to file a motion to amend your Answer. Otherwise, if the "hearing date" is the unlawful detainer trial, you will likely lose.
Frank W. Chen has been licensed to practice law in California since 1988. Avvo.com is not a law firm. 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.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline