Legal Question in Landlord & Tenant Law in California

Defendant, in a Limited Civil Unlawful Detainer case. Unfortunately i had did not go to the hearings scheduled months before and the judge ended up processing the case in favor to the plaintiff. Which now i’m getting served papers to go to the court for a “Enforcement of Judgement” and get examined as the judgement debtor. February 27th 2023 i showed up to the court after getting served papers and i ended up getting dismissed by the Judge due to the Plaintiff lawyer not showing up. I then get served papers again on March 20th 2023 saying the same thing, that i had to go to court on March 22th 2023 to be examined. 2 days only was i noticed and served papers for the court appearance. On the paper it says “This Order must be served not less than 10 days before the date date for the examination” Fast forward to Wednesday, march 22th 2023, i appear in court and the judge tells the plaintiff lawyer that he did not receive evidence that i had been served properly with my name on it or the judge did not receive proper proof that it was served correctly. The judge then dismisses me again from court and lets me go home. Do i have the right to file a motion against the plaintiff to end this case/lawsuit? It’s been 2 times now that i have showed up to court and then got sent away by the judge due to the plaintiff. I need help and understanding on what i should do next.

Asked on 3/22/23, 11:02 am

1 Answer from Attorneys

Timothy McCormick Schneider, Holtz & Hutchison

The most efficient thing to do is just settle the debt. If he serves you again for a debtor's exam, you can ask the judge to order the lawyer to pay you compensation called "sanctions" for making you show up twice before, but the case doesn't get thrown out because of it.

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Answered on 3/23/23, 1:16 pm

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