Legal Question in Landlord & Tenant Law in California

Can my landlord DISMISS an Unlawful Detainer with out Prejudice and without Notice to me? He already has A NEW 2nd UD filed 2/6/13 while the 1st was pending.(1st filed 11/15/12-Defaulted me-I got 30 day stay & motioned for Set Aside ccp473.5 & was granted-filed answer & trial was set for 2/21/13.)2/13/13 1st UD was dismissd? So what now? SAME problems at issue in 2nd UD, but a lawyer filed the 2nd-Landlord filed 1st--dont think he expected my motion but thought I would move....QUESTION: Can I appeal the order of Dismissal on 1st UD? Or Motion for Reconsideration? The 1st UD filed 11/15/12 was riddled with errors and Default was fraudulently obtained-hence the Motion to set aside...Judge needs to SEE what they did! And habitability issues? RAW SEWAGE from broken main sewer line.....NO HEAT source...long list that HAS NOT been addressed by owner when he stated in 10/12 would be fixed!(1st UD was for non payment of rent....but actually told owner was withholding rent until SEWER was fixed..raw sewage coming up in front and back yards-since 10/12 never repaired!


Asked on 2/17/13, 9:07 am

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

Since there were technical problems with the first complaint, it was appropriate for the plaintiff to dismiss the case and correct the technical problems with a second suit. You might have habitability defenses if raised in your answer. You can file a Notice of Related Cases so that the court will be aware that this isn't the first lawsuit based upon the same notice of to quit.

You might avail yourself of legal assistance from tenants' rights law organizations. The court in Alameda County can provide you with a list, or you could retain a tenants' attorney. If you have a written rental agreement which provides for attorneys' fees to the prevailing party, the other side might have to pay your attorney or reimburse you for her fees if you win the case.

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Answered on 2/17/13, 9:19 am


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