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?
1 Answer from Attorneys
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.