Legal Question in Landlord & Tenant Law in California
We received a eviction summons giving us 5 days to reply to the court or face a default judgment. So we paid the $450 and replied. Our landlord wants to settle out of court. How do we stop the process? We have created a written agreement which we all agree to. Neither of us want to go to jury. She wants to drop her attorney, but she is being told that the only way to stop the process now is to file a stipulation of judgment? Is this correct? Are we forced to go to jury trial now?
1 Answer from Attorneys
That is not correct. All you have to do is sign your agreement and include a provision in it that she will dismiss the case. She then will instruct her attorney to file a standard form "Request for Dismissal." If the attorney refuses, she should immediately all the State Bar and report the attorney. You would then have to appear in court with her on the trial date, and all of you tell the judge that the lawyer refused to file the dismissal as instructed. I seriously doubt it will come to that, however, if she tells her lawyer to file the dismissal and she will call the state bar if he/she refuses.
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