Legal Question in Real Estate Law in California

Tenant filed response to Summons and Complaint 2 days after court deadline.

I served tenent with 30 da notice to vacate. She did nothing. I filed and had marshall serve her with summons and complaint, Unlawful Detainer, and a copy of thje first 30 day notice served. She had 5 days to respond or the court would default her. on the seventh day I recieved by mail a notice of service from the marshall, I then went to the court to file judgement of default and the tenent had filed a response to the summons and complaint minutes prior to me filing default. The clerk denied my filing saying tenent responded.( 2 days late) also the marshall spelled her last name wrong on the proof of service. This has costed me almost 250.00$ and I'm broke. What do I do now? The tenent also has not paid rent or utilities in 2 months. The home is a mobil home, so rent &util. are billed together. I cant afford to pay the past due rents and the one coming due. The park will be evicting my trailer next.HELP


Asked on 4/20/01, 1:14 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Tenant filed response to Summons and Complaint 2 days after court deadline.

The court does not enter the default. You must file the proper forms to get the default entered. Since the tenet filed a response prior to your filing the default the answer stands unless the court issues an order setting aside the answer and entering the default.

You need to file a request for a trial immediately. You should either hire an attorney to help you prepare for the trial.

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Answered on 6/13/01, 8:04 pm


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