Legal Question in Landlord & Tenant Law in California

eviction

I was served an unlawful detainer, responded to it and was waiting for the court to send the court date. What I got in the mail was a Minute order and Clerks notice of ruling and/or appealable order. Plaintiff (not) appearing by Defendant (not) appearing by Nature of proceedings:cause called for hearing on order to show cause:

Disposition

No appearance by or for either party. The court orders case dismissed without prejudice. What does all this mean?


Asked on 10/09/08, 7:45 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: eviction

Sounds like there was a case management conference (or similar type of hearing - varies from county to county) scheduled (they are often scheduled when the Plaintiff files the UD matter). When you were served, there should have been a notice from the court with a hearing date on it. The Plaintiff, who apparently did not appear at this hearing either, may not have served the notice upon you. In any event, the case has been dismissed (which is good for you as Defendant), and the Plaintiff either has to start over, or move to set aside the order and reopen the case. In either event, you should keep tabs on the case from the Court's website just to check if the Plaintiff moves to set aside the order of dismissal. The plaintiff or you have to request that the court set the matter for trail - the plaintiff probably isn't represented by an attorney, and didn't know this. He should have done this as soon as he was served with your answer. Sounds like your landlord needs an attorney!

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 10/09/08, 2:24 pm


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