Legal Question in Civil Rights Law in California

I filed a demurer against an an lawful detainer within a 5 day period. Clerk gave a court date for 20 jun13. I was suppeonaed to another criminal court case in which I was a victim on the same date so I went back to clerk to reschedule the detainer hearing. The clerk took it off calendar aware of the situation and told me j would have to revile the demurer but I didn't have to do it that day because court was closing for the day. I refiled my demurer on 1jul13.TODAY, I get woken up by the sheriffs dept with a 5 day notice to vacate the premises which was issued by clerk on 02jul13! Obviously the clerk made a mistake right? What do I do to fix this????


Asked on 7/10/13, 8:10 am

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

Without reviewing the docket, it is not possible to know who made what kind of mistake.

You need to review the docket to see what happened between the time you took your motion off calendar and your refiling of your demurrer. I suspect that a default judgment was taken between those two events.

If my suspicion turns out to be correct, you most likely will be unable to resolve this with a phone call or visit to the clerk. It may take a motion to set aside the default, as well as a stay of execution of the judgment. The existence of a default judgment also means that your demurrer is not on calendar.

Best of luck to you.

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Answered on 7/10/13, 9:34 am


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