Legal Question in Landlord & Tenant Law in California

Missed court due to clerical error by court clerk

My landlord evicted me in retaliation for complaining about the illegal activities at my apt. complex. On the unlawful detainer summons, their attorney put ''solely for non-payment of rent''. I have never missed a rent payment in 10 years of living here and can prove it. I went to court at 1:30, like my notice from the court said, and found out that the hearing was earlier, at 9:30, and that a judgement for forfeiture had been made. I missed it because of a clerical error made by the clerk! Now what do I do? The clerk said there's nothing she can do. That can't be right. It was her mistake. And as I said, I haven't missed paying rent in all the time I have lived here and can prove it.

Help! The sheriff is coming out in 4 days!


Asked on 8/18/06, 11:38 am

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Missed court due to clerical error by court clerk

You need to file a motion to set aside the judgment under Code of Civil Produre Section 473. The procedure to too lenghty to explain here. Contact a local attorney or the local Legal Aid Society. You might also be able to find a free unlawful detainer defense clinic.

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Answered on 8/18/06, 11:49 am


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