Legal Question in Landlord & Tenant Law in California
Unlawful Detainer - Perjury
An unlawful detainer was filed on 8-22-2007. Neither the defendant nor the ''unknown occupants'' were served the 3 Day Notice, Summons, Complaing, Prejudgement Claim Of Right of Possession, nor the Request for Entry of Default/Clerk's Judgement. The Proof's of Service claim posting, personal delivery to an adult, and mailing. These are all lies (and perjury) by the registered process server and the plaintiff's attorney. I am unemployed and at home 99% of the time. Default Judgement was entered on the 9-5-07. The sheriff served the Notice to Vacate on 9-14-07 with a vacate date of 9-27-07 at 6:01 am.
At first I thought, the process server was just a jerk that lies and commits perjury, but the proof of service on the Request for Entry of Default has the attorney claiming to have mailed a copy to the defendant and to the unknown occupants on 9-5-07 and nothing has been received.
This is completely fraudulent behavior and I want to attach a right of possession, get a stay of execution on the Writ of Possession and files charges and suit against the process server and the plaintiff's attorney. I have tried to find a motion to vacate/stay form to model afterwards and have been un able to find one.
2 Answers from Attorneys
Re: Unlawful Detainer - Perjury
I take it that you have not been paying your rent, hence the 3-Day Notice? Why do you want to continue to stay in the property? If you are not paying the rent, why not just move out?
Re: Unlawful Detainer - Perjury
Not only do I agree with Ms. Healy, but I would go further.
Despite your ranting and raving, the fact remains that you haven't paid your rent. It is going to be very hard to find a Judge who will believe your testimony with the mountain of evidence against you.
Use your energy to raise some money, and move. Even if, by some miracle, you prevail, you'll just be served again with a new unlawful detainer a few days later.
You will find a lot of difficulty getting anybody to believe you
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