Legal Question in Landlord & Tenant Law in California
notice of status conference and order
I'm a plaintiff who filed an unlawful detainer. A few months later I received a notice of status conference and order. I'm going to pursue the unlawful detainer lawsuit. I have filed a complaint but not a summons. Do I need to present any type of paper work during the status conference and order meeting? What do I need to do to prepare for this? Is it enough that I just inform the judge that I want to pursue the lawsuit and plan on filing a summons to the defendent within the next few weeks?
3 Answers from Attorneys
Re: notice of status conference and order
I am sorry, because I know people who post to these boards do not like these kinds of answers, but you need to retain an attorney who knows what he or she is doing. If you have reached a status conference, and a summons has not even been issued, let alone service accomplished on the defendant, its clear from your post that you do not know how to proceed. This kind of knowledge and information is how attorneys make their living, and I don't think this forum is the proper place to learn civil procedure.
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Re: notice of status conference and order
You need to have the court issue a summons, and have the summons and complaint served upon the defendant. You should do so before the status conference, or at least make reasonable efforts to do so before the status conference and let the judge know you have done so. Usually, the summons is issued at the same time as the complaint.
Re: notice of status conference and order
Mr. Cohen is entirely correct. But why are you waiting to evict? If the tenant is not paying rent why let him remain their? Depending on the basis for the eviction, your waiting so long may have wiped out your cause of action.