Legal Question in Real Estate Law in California
Received a ''Strange'' Unlawful Detainer
It says that an Unlawful detainer has been filed naming me. Access to the court file will be delayed for sixty (60) days, except to a party, an attorney for one of the parties or any other person who (1) can probide names of at least one plaintiff + 1 defendant in above action, also provides to the clerk the address, including any applicable apartment, unit or # etc..
Any access to the court index, register of actions or other records is not permitted until 60 days after the complaint is files, except pursuant to an exparte order upon showing of good cause.
Does this mean if I can come up w/rent within 60 days, then that would be showing good cause? It's the weirdest unlawful detainer I've ever seen?
Please advise
thank you
sue
2 Answers from Attorneys
Re: Received a ''Strange'' Unlawful Detainer
If you have been served with a paper that looks like and acts like an unlawful detainer - since you have seen them before - then I suggest you get thee to the clerk at the court and straighten it out - now. Or argue the default later.
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Reply Posted By:
Wayne V.R. Smith
Attorney at Law
P.O. Box 3219
Martinez CA 94553
Re: Received a ''Strange'' Unlawful Detainer
The 60 days only relates to privacy issues. You must respond to any unlawful detainer complaint that you are served with within 5 days. If you want to pay the rent, that is to the option of the landlord. I'd advise you to contact the landlord immediately in order to see if they will accept the rent and dismiss the action.