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What's the difference between DEFAULT and SUMMARY judgment? Also, UNLAWFUL DETAINER and LIMITED CIVIL CASE?

Winterhaven, CA |

( I'm tenant , represent self in 2nd YD case , after UDELL was dismissed by plaintiff ( my contradictory evidence in answer . I DID HAVE ATTY - BAD . ) : Do I have any recourse to Mums Judgment granted to Plaintiff ? I was at 1ST Mums Judgment hearing - judge said plaintiff did not serve in time , and reset trial date ( TRIAL WAS following day ) . I protested delay , but ignored . I rec'd 2nd notice of mums judgment , which conflicted with DR apt , filed ex - parch to continue . , which judge DENIED . So , mums judgment hearing held following day without me , and was granted ! I filed answers to both in days , showed up , yet Plaintiff atty knew how to lie and delay . I was a silent victim denied justice : no knowledge to defend , limited income disability , fragile medical condition . Cant afford another bad atty !

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Attorney answers 1


A plaintiff obtains a default against a defendant tenant who did not timely answer the summons and complaint.

A summary judgment motion can be filed after a defendant answers the complaint, and is used for the purpose of establishing that there is no triable issue of material fact and that the plaintiff ought to be granted a judgment as a matter of law.

An unlawful detainer lawsuit can be filed as a limited jurisdiction case if the amount of damages sought is $25,000 or less. An unlawful detainer lawsuit can be filed as an unlimited jurisdiction case (also known as general jurisdiction) if the amount of damages is more than $25,000.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.



Thanks, the first part clear, but I'm still unclear if an UNLAWFUL DETAINER= LIMITED CIVIL CASE. Because you say "can be filed"... and why would somebody do it one way or the other? what benefit?

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