QUESTION

Do I need to respond if I received a motion to set for trial and a request for default and if so, how?

Asked on Aug 19th, 2016 on Landlord and Tenant Law - California
More details to this question:
I received an unlawful detainee and filed a timely response. I later received a motion to set for trial which was stamped by the court. While waiting for a notice of the court date, I received a request for default from the attorneys.
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1 ANSWER

First, on line, check the court file to see when your answer was filed; if it was not, go to court to look at the file to see why it was not. You must immediately contact the attorneys for the landlord and ask why they requested a default when you had filed an answer [the court clerk will not grant it if a proper answer was filed]. If you have a legitimate basis to request the trial not be scheduled during certain dates, file a Response with the Court and tell it why the case should not be set for those dates. See if you can get the other side to agree to a trial date so they can send a stipulation to the court as to that date(s).
Answered on Sep 13th, 2016 at 11:29 AM

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