Legal Question in Landlord & Tenant Law in California

My Landlord filed UD action to retaliate against me for complaining to him and to the Building Inspector about Habitability. Trial was set for 2/21/13.....I checked DomainWeb for status & found Plaintiff had filed a request for Dismissal of entire action without prejudice 2/13/13...Aren't I, the defendant, suppose to receive Notice of such a request? Would an appeal on the Dismissal be appropriate? And if so, pursuant to which code that allows such? UD case has been a recurring nightmare-Default, Stay, Set Aside motion, then finally a trial date- PLEASE! Any suggestions? (Besides 'get an attorney') P.S. Landlord also filed a small claims action for the $ they say is due on UD, They hired Attny who then sertved 3-day notice to pay or quit....AND on 2/6/13, filed a second UD Action, in a different court-requiring my answer..how do I answer? Why do I need to? The trial is 6 days away! Or so I thought? Please help?


Asked on 2/15/13, 6:02 pm

2 Answers from Attorneys
Kelvin Green The Law Office of Kelvin Green

First, your not going ike my answer but you probably need an attorney

If they filed a UD action on 2/6/13 and you have not filed an answer it is probably too late you have five days after it was served, i am assuming you have been served with it since you know it was filed..if they gave you three day pay or quit did you owe money and if you did, did you pay it? If not you are subject to the further action.

They dismissed the case, why would you want to appeal it?

Small claims is different, you need to show and argue your case otherwise you will lose it.

You say this is a nightmare and I dont disagreetHaving an attorney here may be a better solution than going this alone...

Read more
Answered on 2/16/13, 9:51 am
Brian Rosales Harris, Rosales & harris

In general a plaintiff (the landlord in this case) can dismiss a case as of right prior to trial. You need to defend the current unlawful detainer.

Read more
Answered on 2/18/13, 12:53 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California