QUESTION
In an unlawful detainee lawsuit appeal, what motions may I use?
Asked on Jan 12th, 2016 on Landlord and Tenant Law - California
More details to this question:
I was defaulted in a unlawful detainee trial for not appearing as I was sick with a contagious virus. I would like my case to be heard as I believe I have a case. My legal defenses are: Retaliation, Withhold rent for repairs, uninhabitable.
1 ANSWER
Look at CCP 473(b) which states: The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order,or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Did you notify the court you were not going to make the hearing? You may have a difficult time proving excusable neglect.
Answered on Feb 01st, 2016 at 4:02 AM