Legal Question in Civil Litigation in California
I just posted a three day notice to pay or quit and my tennants father (an attorney) indicated he is filing a TRO tomorow. There is no basis for a TRO, what is the best way to protect myself and can i file a cross comlaint ?
2 Answers from Attorneys
I do quite a bit of landlord tenant defense and I have never seen anyone file a TRO in response to a three day notice to quit based on a non-payment. Is there something else going on over there?
The best way to protect yourself is to show up to the hearing and tell the judge you opposes there is not basis for the TRO. Mr attorney father has to give you 24 hours notice and in fact has to call at least by 10:00 a.m. the preceding day to tell you where and when and that would be the specific courthouse and department.
In order to file TRO he will have to file a complain to which you could cross complain but it is better just to file your unlawful detainer action. If you have an attorney�s fee provision in your lease hire a lawyer so you can recover your fees. If you are your own lawyer you are not entitled to fees but can still recover your costs.
I think Mr. Mr attorney father is just trying to intimidate you and is full of beans.
Hope that helps.
Defend the TRO. Contact me directly,