Legal Question in Landlord & Tenant Law in California

Re: unlawful detainer

Good Morning. Your situation is very convoluted, however, it appears that you moved in, paid two months rent and were evicted. The time to raise the defenses you claim (not having been served a 30 day notice, not having been served with a summons and complaint) would have been at the time at which the Marshall or Sheriff posted your property with a five day notice indicating that they were going to lock you out. That five days is to allow you to attack the underlying Writ of Possession issued by the Court. At this point, there is a very slim chance of being reinstated in the apartment - especially where you admit you weren't paying rent. You could move to set aside the default judgment entered against you, however, you have to do that within six months of the date it was entered or you lose all rights. Second, all that does is reopen the case and you will have to file an answer and defend the lawsuit - which again, if you haven't paid the rent, I'm not sure what your defense would be.

Though you can attack the complaint and judgment on the basis of not having been served, what will it get you? I can't answer that question for you. If you want to pursue this you should contact an attorney as setting aside a default judgment isn't an easy thing to do. I would suggest that when you weigh the cost versus benefit, you may be better of just moving on with your life.

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