Legal Question in Landlord & Tenant Law in California

I recently was served with an unlawful detainer, it contains the following errors..

i. the enclosed summons is incorrect, it is form sum-100 the correct form is form sum-130. The former clearly states "30 days to respond" .... the correct time should be "5 days"

ii. The required cover sheet was not attached, CA

iii. The proof of service was also not enclosed

Question: should I respond in the usual 5 days or can I wait the 30 days as stated on the sumons?

If I need to respond how should I fight the fatally defective UD-100?

Asked on 10/16/12, 1:54 pm

1 Answer from Attorneys

Daphne Macklin Law Office of Daphne L. Macklin

The landlord's use of the wrong form is not fatally defective, but you may not want to wait the 30-days on the summons. I recommend that you check the court file to see what has actually been filed. I recommend that you consult with an attorney or an advocate has you have some options to (a) get the matter dismissed and (b) negotiate a move out agreement but only after the original case has been dismissed with prejudice.

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Answered on 10/16/12, 7:50 pm

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