Legal Question in Landlord & Tenant Law in California

Re: unlawful detainer

First, why didn't you file an unlawful detainer after the 30 day notice expired on June 15, 2009? If you had filed based upon the 30 day notice, you wouldn't have to worry about incorrect amounts. I think, if an answer has been filed to your complaint, which it sounds like it has, you are going to have to seek leave of the court (by motion, not appearing in court ex-parte) to amend your complaint. In doing so, you can't simply remove the demand for money - the three day notice upon which you based your complaint is no good, which means you need to amend your complaint to evict her based upon her failure to leave at the end of the 30 day notice. One potential problem with even that is that if she has lived there for a year or more, you needed to give her 60 days notice. You should really consult with an attorney - it will be cheaper to have someone fix it now, rather than your continuing to try and work your way through the courts un-represented.

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