Legal Question in Landlord & Tenant Law in California

unlawful detainer

We are the defendents of an unlawful detainer. When we were in court we were not able to give our side of the complaint. Every time we tried to give our evidence we were told to be quite and shut up. When we gave the judge out rent receipts were we had paid the rent, she didn't count them toward the judgement. And if she had let us give all our evidence we would not have a judgement against us.

We have filed a suit against the plaintiff before she filed the unlawful detainer, but our case hasn't went to court yet. We want to get a change of venue cause the plaintiff has filed another sm. claims case against us and both cases are to be heard the same day and the same time. Our case is for approx.$ 10.000.00. There is only one judge in this town. We have requested for a different judge and the judge that has heard the unlawful det. refused our request for a different judge. What do we do? The cases are to be heard 01-25-2008 @ 10 am. I don't see how she can give an honest judgement on either case with both of them in the same court the same day. We have tried to get a contuinance on the sm. cl. case. It was denied. reason, over the 70 day time limit.

All the help is helpful. I want to thank you in advance. Please help!!


Asked on 1/12/08, 12:50 am

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: unlawful detainer

You are welcome, but you are in trouble.

There is no real help I can give you by e-mail.

You need to consult with a lawyer from your town, or a nearby town, because this is complex.

You are basically telling me that the judge is prejudging your cases, and will not give you a fair chance.

Either you need an attorney, or a change of venue. Your zip code indicates you are from Blythe, and I assume that, in the desert, there are not too many lawyers in nearby towns.

If you don't know anybody, or cannot afford an attorney, go to the Legal Aid Society in Blythe and ask for help. You can find them in your phone book.

Good luck!

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Answered on 1/15/08, 4:39 pm


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