Legal Question in Landlord & Tenant Law in California

Soldier and Sailors Act

My husband is serving in the active military service of the nation in Iraq.Doesn't the federal law allow a stay of proceedings for service members on active duty(50 U.S.C. App.s 521)?

Service Members Civil Relief Act?

My landlord knows of his this and is still proceeding forward. I was just served by the LA Sheriff's Dept., with a 5 Day Notice.

I even paid the rent that was past due.

I also received today a letter from my husband's Commanding Officer for the U.S. Army, stating that if the judge does not comply with the Service Member's Civil Relief Act, that he's going to forward a copy of this letter to the licensing deptartment of the CA bar and to the US Attorney General's office requesting immediate investigation into this matter and any other violations of federal law.

The noticed that was on my door has alot of scribbling with ink pen and the right upper corner where it states: FOR COURT USE ONLY(Where the CONFORMED/COPY is supposedly stamped)....what is stamped here is this: DUPLICATE/LA County Sheriff's Dept.,the date.,the court and other initiald that isn't readable.

This is also a WRIT OF POSSESSION OF.on this form they have marked out my husband's name and address w/ink pen, my name only appears UNSCRIBBLED


Asked on 10/19/05, 7:19 am

2 Answers from Attorneys
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: Soldier and Sailors Act

Did the Sheriff serve you with Writ of Possession? If so, the lawsuit is over and you are being evicted. A letter from your husband's CO will not stop the eviction, regardless of who it is sent to. (The California Bar does not regulate judicial officers, and the USAG is not going to get involved in a state lawsuit.) The only way to deal with this is in the lawsuit itself.

You need an attorney fast to ascertain if you even have the ability to stop the eviction.

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Answered on 10/19/05, 10:01 am
Randy Schlosser Law Office of RM Schlosser

Re: Soldier and Sailors Act

You need to immediately make an EX PARTE MOTION FOR RELIEF AND TO QUASH THE WRIT OF POSSESSION to stop the proceeding. If you failed to inform the court of the status of your husband in the military the court would be acting without that knowledge. You probably need the help of an attorney to file this motion.

However, if the landlord has acted with such knowledge and you have proof of same, then you can seek penalties agaisnt the landlord for unlawful eviction.

Also, the writ may not be for all parties in possession. If that is true you may be able to avoid the actual lock-out of your husband as he is unnamed in the complaint.

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Answered on 10/21/05, 12:44 am


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