Legal Question in Civil Litigation in California
unlawful detainer eviction
I have been served an unlawful detainer eviction. I filed an answer buti was 1 day late. How do I get the court to set aside or postpone the eviction?
1 Answer from Attorneys
Re: unlawful detainer eviction
It depends on whether or not your default was taken. Your default is not automatic, and involves the clerk actually filing an entry of default into the register. This would have caused your answer to be rejected.
If you answer was late, the plaintiff has to file a motion to strike your answer if it is late, and he must show prejudice to have that motion granted.
If your default was entered, you need to have the default set aside, and you need to move fast.
It is hard to tell from your post, what predicament you are in.
Very truly yours,
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