I won an unlawful detainer appeal. The appeals court stated that they reverse the judgment for possession and remand the case back to the trial court. My questions are.
1. Do I get possession/keys back before the retrial?
2. Does the Plaintiff have to serve me again? (as I do not live there anymore).
3. One of this issues on appeal (8 total) was that there was not proper service, so when we go back to the retrial, do we retry the fact that they did not serve properly originally, or do they have a new chance to serve me making the old failure moot?
Thanks for any help!
Without seeing all the documents it is difficult to say. Take the decision and the underlying case documents to a local landlord tenant attorney.
I agree with Mr. Spirtos. Normally on remand, the case is retried in accordance with the instructions in the opinion. Service is not normally an issue because the defendant is usually deemed to have waived defects in service by answering the case. it is hard to tell you what the trial court is going to do without familiarizing ourselves with the procedural history of the case and reading the opinion.
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