My previous tenant sued me for supposedly wrongful eviction which is not true. She claimed that she didn't receive the notices although she did. I did all the right process of eviction. During the lawsuit I requested for her to be deposed and when she was deposed, she finally admitted that she did receive the notices but her and her lawyer are still trying to continue the case and get some money out of it even they lack evidence now. She already had free rent during eviction, harassed my kids and everyone around us and still want money regardless she admitted she received all notices and lied. How do you dismiss a case like this when there's no left evidence from her side that she was wrongfully evicted? What motion can I request the court?
Please refer to California Code of Civil Procedure Section 581 which provides that you may motion the court to dismiss the case under several circumstances. Based on the facts you have provided, the most relevant appear to be CCP § 581 (f)(3):
"The court may dismiss the complaint as to the defendant when:
(3) After a motion to strike the whole of a complaint is granted without leave to amend and either party moves for dismissal.
(4) After a motion to strike the whole of a complaint or portion thereof is granted with leave to amend the plaintiff fails to amend it within the time allowed by the court and either party moves for dismissal."
A motion to strike is a response to a complaint wherein the complaint, or items therein are incoherent, irrelevant, etc. Either you can bring this motion, or the court can do this, on its own, subject to certain timing constraints.
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