Legal Question in Real Estate Law in California
I am suing a former tenant who agreed to buy my property and instantly stopped paying rent. He refused(was unable?) to deposit the funds to close escrow. I have countless emails where he is promising to pay, tonight, tomorrow this weekend next week...etc...I could not get a buyer fast enough and my property went into foreclosure. After 5 months of being led to beleive he was going to pay, I file a small claims case against him.
He ask for a continuance for the first three hearings, then he filed some motion against me(claiming some kind of short sale fraud), although I've never been served. He again asked for two more continuances, the last was denied and he did not appear in court. I won a judgement against him. He tried to subpeona the real estate agents documents. I understand that now he can request(file a motion) to have the judgement vacated(he has 30 days) and if denied he can appeal this to another court.
How long can he keep this going and do I have any way to make him stop and just go to trial??
2 Answers from Attorneys
You should not be putting up with these delays. I do not imagine a judge being willing to grant so many ocntinuances unless they felt you did not really object. A motion to set aside the default should not suceed and you should vigorously oppose it. I do not believe filing such a motion will extent the 30 day period in which to file an appeal; if the motion is denied the defendant has ten days to file an appeal of that judgment. If you have not already done do, serve the tenant with a three day notice so to get rid of them.
You have a default judgment? Then I'd advise resisting any attempt to re-open the case and focus on enforcement of the judgment, by recording an abstract of judgment, etc.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
