Legal Question in Landlord & Tenant Law in California

Sued by previous landlord

What can happen if we don't go to court on the day of the hearing?


Asked on 5/07/09, 3:19 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Sued by previous landlord

That depends in part as to whether you are the party who asked for the hearing and which court you are in. If you are being sued, after making a brief presentation of what the damages are, the court will enter a default judgment against you, which has the same force and effect as though you had appeared. Normally the judge will go along with what the plaintiff claims is their damages, as long as they are legally recoverable. If you are suing, the court will dismiss the case or in Superior court may issue a notice of dismissal unless you appear or file papers explaining your non-appearance. If you are not appearing because you aree you owe the money, try to work out a settlement agreement with the othe side as otherwise a money judgment remark will be added to your credit score reducing it.

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Answered on 5/07/09, 11:31 am
David Gibbs The Gibbs Law Firm, APC

Re: Sued by previous landlord

Attorney Shers is correct. The only thing I would add is that if you have the time, you could request by a motion to have the hearing date rescheduled.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 5/07/09, 12:15 pm


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