Legal Question in Real Estate Law in California

eviction

i am president of a mobile home park in santa monica ca.,6 months ago 26 of our residents filed excessive rent complaints against the owner,he has lost in two courts on appeal,he is now trying to petition the court to force arbitration,away from the rent control board,in the meantime,he has refused my rent,and filed an unluful detainer against me,i answered,and demanded a jury trial over 45 days ago,he has never filed a memo for a court date,soon the 60 days will be over, can he evict me with out a court hearing? thanks


Asked on 4/19/02, 11:42 am

5 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

Re: eviction

You cannot be evicted without a court hearing after an answer has been filed. It appears that you and the other tenants are being harrassed and retaliated against. If you fax me at 714 363 0229 any documentation and lawsuits/answers that you have, I will provide you with free consultation. I may also want to come up to meet all of the residents who are being evicted for a common defense and jury trial.

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Answered on 4/23/02, 7:17 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: eviction

He would need a court order to do so, and it sounds like he doesn't have it.

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Answered on 4/19/02, 1:19 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: eviction

If this situation gets any worse, or if the tide of events goes against you or the other tenants, I think you should strongly consider retaining a lawyer that specializes in tenants' rights. The facts seem to be on your side (unlawful rent increases, retaliatory eviction) but if you personally are not represented against the landlord's tactics, a procedural mistake could get you in trouble. To prevail you need not only good facts but to follow all the legal procedures within the time limits allowed. With good advice you should come out fine.

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Answered on 4/19/02, 2:21 pm
Victor Hobbs Victor E. Hobbs

Re: eviction

If you wanted to you can file the Memorandum to Set.

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Answered on 4/19/02, 3:57 pm
Douglas A. Crowder Crowder Law Center

Re: eviction

He can't evict you without a court entering a judgment, and since you've filed an answer, there can't be a judgment without either a trial date or a motion for summary judgment.

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Answered on 4/19/02, 7:21 pm


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