Legal Question in Landlord & Tenant Law in California

i am being evicted in 2 days, what can i do

i am being eveicted in two days. i have a wrongful eveiction case and a wrongful foreclosure case going. the landlord never filed the correct paperwork in order to serve me. then when he did, he forgot to file the paperwork for a property that has tenents in it. so now he is kicking two families out wrongfully. he also does not have service proof, he did not get the proof of service certified mailed. and he violated the timeframes for service and forclosure, and eviction. in preliminary hearing the judge said he violated all these laws but left the eviction in place due to a pending fraud case. but now i am 2 days from getting evicted. i have children under the age of 4 yrs old here, what can i do. i was wondering if i myself can go to the courts to appeal on these grounds.


Asked on 3/12/09, 10:33 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

Re: i am being evicted in 2 days, what can i do

There are too many things that you say are going on for your problem to make sense. Tenants are evicted, property owners are foreclosed upon, but you can only be one type of individual as to a particular property. If it was a prelimiary hearing, you are speaking of a criminal case and not a civil landlord-tenant matter. If there was improper service of the summons or three day notice, you certainly can go to court and raise that issue. You can not be evicted until the landlord gets a judgment which he then gets the sheriff to serve on you if you have not already left. But what is occurring I can not really tell so do not know what advice to give to you.

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Answered on 3/13/09, 2:14 am
David Gibbs The Gibbs Law Firm, APC

Re: i am being evicted in 2 days, what can i do

I have to agree with Attorney Shers. If you are two days from being evicted, then I have to assume that the landlord has already obtained a judgment, had it served by the Marshall's or Sheriff's office, and you are three days into the five before they are going to physically evict you from the property you are in. With the discussion of foreclosure, I can only think that perhaps your landlord lost the property in foreclosure, and now the bank or new owner is kicking you out? Anyway, you need to contact an attorney, but frankly, unless you have money to retain an attorney to go into court Monday morning and get a restraining order, you need to look for a place to live this weekend.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/13/09, 4:21 pm


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