Legal Question in Landlord & Tenant Law in California

It is often very difficult to challenge the proof of service of a summons and complaint, particularly if the person who served it is a registered process server. Even they "cheat" the system from time-to-time, and the Court is generally going to take their word for it that they conducted proper service. Also, if you are going to challenge service of the complaint, you cannot file an answer to the complaint - you must file a different response, and as this is set for trial, I believe you have already filed an answer. By filing an answer, you essentially admit to having received the complaint, and the case becomes "at issue" and ready for trial.

At trial, you can raise the issue of no heat, however, there is a proper procedure for exercising the right to withhold rent, or what is often referred to as "deduct and repair." It also doesn't sound like you followed that procedure properly, which may bar your defense to not paying rent of having no heat. Finally, yes, if the landlord is dispossessed of ownership before the eviction trial, then they are no longer entitled to possession. What they are, however, still entitled to are money damages for unpaid rent through the date of foreclosure. Bring a copy of the Notice of Trustee's Sale with you to trial, and hope for a very tenant-friendly judge. Judges are sometimes sympathetic to tenants in your situation where the landlord stopped paying the mortgage and let it go into foreclosure. Good luck - that is a terrible situation.

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