Legal Question in Legal Ethics in California

Civil court Judge order after hearing confirms tenant/defendant DID NOT breach contract/lease/or rental agreement as alleged byv landlord. Case was eventually vacated due to Plaintiff's ex parte communication with another Judge who was no longer assigned to the case.

Plaintiff then files for restraining order in Family court alleging tenant is guilty of elder abuse and uses same cause of action (breach of contract) as basis of complaint in attempt to get move out order on tenant. Restraining order denied, plaintiff files another unlawful detainer complaint stating Tenant has violated the lease (again)

Will the judges take note of this on their own or should Defendant file request for judicial notice

Asked on 6/15/13, 10:01 am

3 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

You will need to bring any of this that you believe is relevant to the Court's attention by way of judicial notice or other form of evidence. The Court will not otherwise know of it.

Without looking at the documents, it's not possible for me to say that any of this is indeed relevant. I am instead taking your word for that, and simply stating what is done to bring this type of material to the Court's attention.

Read more
Answered on 6/15/13, 10:23 am

John Laurie Gertz and Laurie

I agree with Mr. Perry.s assessment.

This gratuitous response does not create an attorney client relationship. The advice provided herein is generic, may not apply to your circumstances and is not to be relied upon in your actions. An attorney client relationship is created only upon execution of an engagement letter hiring me or my firm. .

Read more
Answered on 6/15/13, 10:53 am
Anthony Roach Law Office of Anthony A. Roach

First of all, this is the wrong category. Second of all, the tenant needs to have the landlord declared a vexatious litigant.

Read more
Answered on 6/17/13, 12:04 am

Related Questions & Answers

More Legal Ethics & Professional Responsibility questions and answers in California