Legal Question in Landlord & Tenant Law in California

Unlawful Detainer

What do I file to dismiss a bogus claim? The landlord filed an unlawful detainer following the 3-day notice (which was never served) on June 5. The tenants had moved out in response to the 30 day notice served by the landlord on April 12. They had not resided there for 2 weeks and the contract was already terminated.


Asked on 6/09/08, 11:55 am

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Unlawful Detainer

The tenants can answer, do some discovery, then file a motion for summary judgment and seek attorney's fees if the rental agreement provided for them and summary judgment is granted.

Or, easier yet, they can have their attorney call the landlord's attorney and explain the situation and, perhaps, get it dismissed that way.

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Answered on 6/09/08, 12:14 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Unlawful Detainer

I agree with Mr. Cohen regarding an attorney letter.

If that doesn't work I would file a motion to quash.

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Answered on 6/13/08, 1:08 am


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