Legal Question in Landlord & Tenant Law in California

Today we received a 5 Day Notice to Vacate by the Sheriff's Department. We were very aware of our UD hearing coming up back in August. However, the date it was scheduled for was on a Sunday. I found it odd but didn't know what to do. We didn't receive anything else, only the judgement afterwards. It appears the hearing took place without us. What can we do?


Asked on 9/29/16, 4:35 pm

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

You can apply to the same court for a one- or two-week stay, but you'd have to post the reasonable rental value for the period. During that time, you can file a motion to set aside the judgment based upon your inadvertence, mistake, or excusable neglect. Perhaps have a legal clinic help you draft it. Of course, if you have no defense to the unlawful detainer, then you might consider whether it's worth the trouble.

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Answered on 9/29/16, 6:41 pm


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