Legal Question in Landlord & Tenant Law in California

Request to enter default.. How long??

My boyfriend and I were served a 60 day notice to leave.

That was expired on Oct 16,2005. The homeowner hired an attorney to handle it, ( did I mention that we were unable to meet that deadline?) Anyways.. Here it is the 26 of Oct

and haven't been served anything. The attorney can't put off serving us then slap a 5 day or else notice can he?

Don't we get our day in the courtroom and then it's that day that the judge makes the decision? Is there a special circumstance/ hardship I can file to get an extension? What is considered hardship by the courts and what are the odds of a judge granting one. Of course I realize that what I might consider devastating is probably

way different than a judges.What if the papers were filed on the 16th and by the time I get served the 5 days I have to answer have expired?


Asked on 10/26/05, 8:43 am

1 Answer from Attorneys
Randy Schlosser Law Office of RM Schlosser

Re: Request to enter default.. How long??

Generally in California, default occurs within 5 days after service of the summons and complaint. Therefore, unless you are served a default cannot issue. Call the court and make sure a default has not been issued.

As to your other questions, you need to consult an attorney who can look at your entire case and the specifics therein to answer those questions.

This information is intended as general information to inform the public. It is not intended as legal advice for your specific case. In all legal matters, you should consult an attorney one on one.

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Answered on 10/27/05, 11:55 am


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