Legal Question in Landlord & Tenant Law in California

Unlawful Detainer

I scheduled an ex parte hearing for

tomorrow morning and I was told i

needed to bring pleading papers but i

don't know what those are. Can you

help? the hearing is to change the

case from an unlawful detainer to

regular case since possession of the

property is no longer an issue.


Asked on 6/18/08, 3:06 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Unlawful Detainer

I don't have enough facts to answer directly. However, your local Superior court should help you (that is, court clerks).

The following should help.

H. CONVERSION TO ORDINARY CIVIL ACTION

If possession of the premises is surrendered to the plaintiff before trial, the case will proceed as an unlawful detainer case unless one of the parties files a motion for leave to file a pleading that will convert the case to an ordinary civil action. If trial has already been set, the trial judge will hear the motion for leave to amend before the trial. If the motion is granted, the Court will vacate the trial, redesignate the case as an ordinary civil action, and schedule a Case Management Conference. The case will thereafter proceed as an ordinary civil action.

Good luck!

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Answered on 6/18/08, 5:47 pm


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