Legal Question in Landlord & Tenant Law in California

Hi,

I have a eviction case. I am living in a single family house but with 4 illegally converted units.

a new landlord was trying to evict all 4 tenants by filing a unlawful detainer case against a named tenant(the only named one defendant) and "Does 1-10".

I had a lease with privious owner and no relation to the named defendant.

I filed Prejudgement claim of right to possesion with an answer. and in a trial a judge striked my answer saying I had jumped into this case as a 3rd party unnamed.

both parties represented themselves wit out attorneys. in next hearing in 2 weeks, a judge advised that platiff can default me and I may request reinstate my answer through appellate division. now I know I should have filed amended answer right after first trial but I did not know that.

platiff requested defaults but after being rejected due to the original answer(on their computer system-in summary- stricken answer was shown but only in the file) he filed again, and I filed another a answer after his first default request.

what is my option?

can I file a motion to remove me from this case as a answering defendant?

or just wait until default entered and file a motion to apell ate division.

Thank for any help.


Asked on 5/26/17, 8:09 pm

1 Answer from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

The judge was wrong in striking your answer since you live in the subject unit, had a lease agreement and filed a prejudgment right of possession.

Get a lawyer promptly. If you cannot afford one there are free or low cost lawyers you can find, such as eviction defense network. You will need to file a motion for reconsideration to show this judge why striking your answer was incorrect. You may also need to file a Writ, either a Writ of Mandate or Prohibition and request the case be stayed while the higher court is reviewing your Writ.

Good luck.

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Answered on 5/27/17, 10:45 am


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