Legal Question in Landlord & Tenant Law in California

3 day notice

I was served with a three day notice, I did not pay rent so evictin papers were served. I filed a response and then got a notice that the landlord was asking for the case to be dismissed. today I got a new summons (eviction papers) and they have retained an attorney. My question is since they dissmissed the case should the landlord followed the process and served another 3 day notice?


Asked on 5/30/08, 2:57 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: 3 day notice

No. If it's claimed you owe back rent, then they could sue on the notice. More than likely, there was a defect either in service of the lawsuit, or in the way it was pleaded, thereby causing them to dismiss. One other possibility was that the landlord couldn't find an attorney to take it to trial on short notice.

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Answered on 5/30/08, 3:17 pm


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