Legal Question in Landlord & Tenant Law in California

I received a Notice to Vacate on Fri. Nov 16 2012 after 12 noon, the lockout is scheduled for Mon Nov 26 2012 at 6:01 am- I was never served eviction papers so I didn�t have a chance to attend the hearing and respond. I was finally able to get some legal advice late Wednesday but because of the holiday the courts are closed and I am unable to file anything with the court before the lockout. I have 3 minor children this is affecting as well and I don�t know what to do or where to turn. Is it even possible to file for Stay of Execution of Writ or Motion for relief of default judgement AFTER the lockout? Please help I am desperate.


Asked on 11/23/12, 3:38 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

It's possible that the sheriff's notice is a warning and the sheriff might not come on the day posted. Some sheriff's offices also might have a moratorium on evictions during the holiday season. You should be prepared to go into court ex parte as early as the hearings are scheduled on Monday to seek a stay of execution. You might find a tenants' clinic that is open over the weekend to help you out with this process.

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Answered on 11/23/12, 9:30 pm


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