Legal Question in Landlord & Tenant Law in California

After serving my tenant a 3-day notice, he didn't pay although he said he would and I filed a claim at the Superior Court. I received a response from the processor that my tenant had moved out. I received a Show of Cause and a hearing date set. What does this mean and what do I need to do. Thank you.


Asked on 12/09/10, 1:06 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

When you say you "filed a claim" at Superior Court, I assume you mean that you filed an Unlawful Detainer lawsuit. If the tenant has moved out, and possession of the property is no longer an issue, then you can only continue the lawsuit as to the monetary damages. Unfortunately, given that you did not explain what the Order to Show Cause hearing is about, it is not possible to answer your question as to what it means, and what you need to do. The Order to Show Cause will provide you with information about why the Court has issued an Order to Show Cause, and in turn, that should tell you how you need to respond. You should probably consult with a local landlord attorney, as the Order to Show Cause could result in any number of possible outcomes - the case being dismissed, you being sanctioned, your claims being limited, etc... Read the Order to Show Cause very carefully, and if you don't understand it, or are not clear how to respond, you really need to go hire an attorney.

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Answered on 12/14/10, 3:39 pm


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