Legal Question in Landlord & Tenant Law in California

I received a 3 day pay or quit from my landlord, I made 2 partial payments and he went ahead and filed the UD. He has accepted partial another payment since the filing. We have vacated the property and returned it to the landlord. I have a court date on 10/20/10 and would like the whole thing dismissed because he has been accepting payments rather than refusing payments. Will the judge automatically dismiss the suit or is there some motion or legal phrase I need to utter to make this thing go away? My landlord is represented by counsel and his lawyer is in possession of my answer and 2 of the 3 receipts of partial payment. I know my landlord will want a judgment for the outstanding balance but I don't want a UD on my record


Asked on 10/17/10, 12:48 pm

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

Your question was posted after your court date. The court should have ruled in your favor because you have already given up possession, therefore there is no reason for an ejection and the landlord voided the UD by accepting partial payment. Tell me if that is not what occurred, as you may want to get his attorney to stipulate to something besides an UD on threat of your filing an appeal.

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Answered on 10/22/10, 1:09 pm


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