QUESTION

How can a case be dismissed prior to trial due to defendant committing perjury in his answer to summons and complaint?

Asked on Aug 12th, 2016 on Landlord and Tenant Law - California
More details to this question:
Unlawful detainer case, the defendant signed a verification that under penalty of perjury. The statements and affirmative defenses in his answer were true. When it can easily be proven he knew they were not? In addition, defendant further committed perjury by stating/alleging issues that were non-existent. It is a blatant misuse of the court system to prolong the inevitable out come to move off the property for failure to pay rent. The plaintiff would like the perjury to be exposed prior to trial in that there would be no trial to have.
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3 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Not going to happen. That's what trials are for. To prove or disprove the allegations in the complaint and/or answer. Your defendant is going to have to prove the affirmative defenses in his answer, just as you are going to have to prove the allegations in your complaint. Like I said, that's what trials are for.
Answered on Sep 09th, 2016 at 5:36 AM

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The Defendant has to prove the case. It cannot be dismissed due to an Answer. Did you make a timely motion to set trial?
Answered on Sep 08th, 2016 at 6:18 PM

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You do not know how the court system operates. A defendant is allowed to raise defenses that are untrue and even if he makes false statements under oath it is not treated as perjury. The only way to get a judgment without trial [unless his answer is stricken, so liability is deemed admitted, but you still have to prove your monetary damages], is by a motion for summary judgment which requires something like a $700 filing fee and at least 75 days notice to the defendant, so is not a speedy remedy]. You need to read some books, such as those from Nolo Press, as to how to handle an unlawful detainer case, and it would be best if you go to court and watch 1-2 to see how they are actually handled. The legal system does allow tenants to drag out their evictions; even if the judge rules entirely in your favor, they may grant the defendant extra time to find a place to move to. Tell the defendant that if you get a judgment instead of their moving out on an agreed upon date, the judgment will adversely affect their credit rating and make it difficult to find a new place to rent.
Answered on Sep 08th, 2016 at 6:18 PM

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