Legal Question in Landlord & Tenant Law in California

I received an Unlawful Detainer. I answered it in Superior Court. Now awaiting Court date. Today. I filed a lawsuit in Federal Court. How do I let the Superior Court know that I have a federal lawsuit?


Asked on 8/07/09, 4:41 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

If the lawsuit in federal court pertains to the manner in which the mortgage was represented to you, the way title was held, or the way the foreclosure auction was conducted, you would file a notice of related cases with both courts. You might also file a motion with the federal court to stay the unlawful detainer proceedings pending the federal court's determination of your contentions. (You might be required to pay a monthly rental value, however.)

There are attorneys who focus on these issues and know them cold. It would be worth your while to retain one.

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Answered on 8/07/09, 4:47 pm
Larry Rothman Larry Rothman & Associates

You would file a Notice of Removal. Federal Court standards are pretty tough so your case may get remanded back to State Court and you could be sanctioned if you improperly removed the State Court action.

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Answered on 8/07/09, 7:14 pm


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