Legal Question in Landlord & Tenant Law in California

i currently lease a commercial space in Los Angeles County. Within 2 months of occupancy, LL gave a 3 Day Notice to Quit for reasons of Breach of contract, (rent paid all up to date) i responded with questions to clarify allegations of eviction, no response from LL. i was served an unlawful detainer, i responded within 5 days and i have not recieved a court date, i called the courthouse today to see if there was a date scheduled, they told me no court date has been scheduled and that it has been rejected twice. What does this mean for me as the defendant?


Asked on 12/09/09, 9:07 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

If it has been rejected, that means it has not been accepted for filing so from the Court's view point no suit exists. Some how the LL tried to file something that even the clerk knew was defective [might not be on mandated court form]. So the service on you is invalid as he served you with an improper complaint. You can act as though no suit was ever filed.

I do not know about L.A., but in Northern California you are given the trial date when the complaint is filed. That there is no trial date would then mean that no valid complaint was filed.

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Answered on 12/15/09, 9:41 am


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