Legal Question in Landlord & Tenant Law in California

Unlawful Detainer trial date - plaintiff filed counter-request
Greetings!

We have an unlawful detainer case against us pending in Santa Monica, CA, regarding an eviction from a garage that has been in our possession since 1985. We're fighting it on several grounds, including retaliatory eviction, and we want to get it heard as soon as possible. We filed a request for trial date on 10/9, and the trial is set for 10/29. That's exactly 20 days after the filing, which is the latest it can be based on CA code of civ proc 1170.5. We just received a Counter-Request to Set Trial Date from the plaintiff's attorney, dated Oct 21, due to a conflicting trial date claimed by the head of the law office, not by the atty from that office who was listed on the summons or other papers. According to CA law, it appears that unless ALL parties agree, a UD case must be heard within 20 days of the first trial date request. I just spoke with the court clerk, and they have not yet received this counter-request from the plaintiff. How can we ensure that our case is heard on the 29th and not continued? If the plaintiff does get a later trial date, is that grounds for a dismissal based on section 1170.5? Thanks for your help!

Asked on 10/22/08, 7:35 pm

James Chau Law Offices James Chau

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Re: Unlawful Detainer trial date - plaintiff filed counter-request

Continuances are routinely granted, it would be unfair to dismiss a case without an evidentiary hearing.

Good luck.

As always please consult a qualified attorney before taking legal steps.

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

Answered on 10/26/08, 3:36 am

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