Legal Question in Landlord & Tenant Law in California
In Oakland, California if an elderly tenant in mobile home park disappears and is presumed to be dead, after filing an unlawful detainer suit with no response can a motion for summary judgment be requested?
Asked on 1/28/11, 4:15 pm
1 Answer from Attorneys
No, you cannot file a motion for summary judgment if there has been no answer to the complaint after it has been served. You request a default judgment, not a summary judgment. If the tenant has disappeared, however, it doesn't sound like you have served them either. Nothing can happen if the complaint is not served. If the tenant has abandoned the property, however, why bother with a UD? Why not just follow the Civil Code process for declaring a tenancy abandoned?
Answered on 2/09/11, 1:08 pm
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