Legal Question in Landlord & Tenant Law in California
Defendant SF has been sued for Unlawful Detainer by the same landlord in two different counties (involving one property in each county, Los Angeles and Kern). Much of the defense rests on the same underlying facts.
1, May the Answers to each Complaint be filed in the same county, for convenience's sake?
2. Can the Answers be filed by fax?
3. If the Answers are filed in person, must the Defendant make the filing herself, or can she have somebody else do it for her?
2 Answers from Attorneys
The answers must be filed in the courts or at least counties where each action is pending. Generally, answers cannot be filed by fax because there is a filing fee. Someone else may physically deliver the answers to the court for filing if that person brings a certified check, money order, or perhaps credit card (if the court accepts such payment). You might call the clerk in advance to determine the appropriate modes of payment.
Mr. Cohen is correct that the answers must be filed in the county in which the complaint is pending. The defendant does not need to do it themselves. There are services, such as OneLegal.com that will do the filing for you and will even advance the filing fee and bill you. Once you have the answers on file, you can have one of the cases moved to the more appropriate county for the rest of the proceedings. You apply for "Coordination," which is different from "consolidation." Consolidation is putting two cases in the same county together. Coordination is a little more complicated, and is for combining cases from two different counties. You'll need a lawyer's help with that one, though the plaintiff's attorney may be willing to do most of the work if they agree that everyone would benefit from it all being heard in one court.
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My friend, Ms. SF, signed a 5-year "commercial lease" with Mr. RC, to rent... Asked 6/25/10, 11:30 pm in United States California Landlord & Tenants