Legal Question in Landlord & Tenant Law in California
Request to set date for trial.
The plaintiff's attorney requested the court to set our unlawful detainer case for trial, he listed that he is not available on specific dates. As the defendant can I let the court know that I am not available on specific dates? I have not received anything setting the trial date from the court yet. If I am allowed to tell the court that I am not available on certain dates, is there a specific form to use? Do I have to state why I am not available? If there are two defendants, do they both have to be in court? What happens if I get a notice setting the trial date on a date I'm not available?Thank you very much for any assistance you can provide.
3 Answers from Attorneys
Re: Request to set date for trial.
Yes, immediately file a counter at-issue memorandum specifying your unavailable dates. Basically it's the same form, just type in "Counter" above the "At-Issue" title, or check the "Counter" box.
Both defendants should go, otherwise they could get a judgment against the absent defendant. Why don't you try to work something out with the landlord's attorney? Perhaps you can pay a little more rent to postpone lockout so you can find a new place before there's a judgment and a sheriff pounding on your door.
Re: Request to set date for trial.
I have read Mr. Cohen's answer, and basically agree.
Usually, the attorney not being available means he (or she) is on trial in another courtroom. I have seen defendants' request a continuance for a dentist appointment, etc. and irritate the judge. Make sure you have a good reason why you are not available.
Re: Request to set date for trial.
You can file a "Counter" Request for Trial Setting. You do not have to state why your are not available, but it is possible that the court may question your unavailability if it is after 20 days subsequent to the Plaintiff's request.
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