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eviction question about an unlawful guest

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ginlee2

Member
What is the name of your state (only U.S. law)? California

We served the leasee (and all other occupants) then we had to dismiss the unlawful guest because she was a real problem in court. Finally we got the writ for the eviction. Just found out that this tenant filed a motion or something in court this morning and now we have to be back in court tomorrow. Does this person have a right to file anything since she is no longer part of the case??
 


Zigner

Zigner

Senior Member, Non-Attorney
If she's a tenant there - yes. Why would you dismiss the case against her? :confused:
 
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ginlee2

Member
eviction question

Our attorney served this tenant and not the leasee because she moved out two years ago. This "guest tenant" never paid rent for two years. So the leasess now is helping us to get her guest out. So we served the leasee(and all other occupants) and dismissed the guest tenant from the court case.

We are not sure what she has filed but my guess is either an "answer to the complaint" or Motion to strike. Is either one of these a good guess??
 
S

sandyclaus

Senior Member
ginlee2 said:
Our attorney served this tenant and not the leasee because she moved out two years ago. This "guest tenant" never paid rent for two years. So the leasess now is helping us to get her guest out. So we served the leasee(and all other occupants) and dismissed the guest tenant from the court case.

We are not sure what she has filed but my guess is either an "answer to the complaint" or Motion to strike. Is either one of these a good guess??
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Sounds like it could be a Prejudgment Claim of Right to Possession.

Since you foolishly dropped her from the case (specifically dismissed as to this party), then she was eliminated from the case altogether. It might be argued that since you dropped the case against her that she still has a right to claim her own right to possession. At the same time, you might also be able to argue that she would fall under "all other occupants".

Tricky position you have yourself in now. I suggest you consult with your attorney to come up with a plan of action. Unfortunately for you, if the judge sides with the guest tenant, then you will have to start the whole eviction process all over again, naming HER specifically in the eviction case.
 
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ginlee2

Member
Thank you for giving me a running chance with this. If she has filed a "answer to complaint" do we have to go to trial or will the judge listen to us tomorrow and let us keep the writ. We filed it and have given it to the sheriff to deliver on Friday. The house is going into foreclosure unless we can do a shortsale. But she will not let anybody in the house including the owner. She keeps changing the day and time for him to go there. We know that he can call the sheriff but he does not want to.
 
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CourtClerk

Senior Member
ginlee2 said:
Thank you for giving me a running chance with this. If she has filed a "answer to complaint" do we have to go to trial or will the judge listen to us tomorrow and let us keep the writ. We filed it and have given it to the sheriff to deliver on Friday. The house is going into foreclosure unless we can do a shortsale. But she will not let anybody in the house including the owner. She keeps changing the day and time for him to go there. We know that he can call the sheriff but he does not want to.
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You can't answer a lawsuit that already has a final disposition...

It appears she filed an Arrieta. She'll need to prove to the court that she has a legal claim to the property. If she can't the lockout will go forward. You should really be discussing this with your attorney.
 
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ginlee2

Member
demurrer was filed

What is the name of your state (only U.S. law)? California

A demurrer was filed by a tenant who was dismissed from the case because the leasee said she would be the one that should be served and "all other occupants/Tenants".

This tenant should of never been heard but the judge is now giving her until Jun 6th so the judge can read this Demurrer.

We filed the writ and paid the sheriff to serve it this Friday June 3rd. Do we have to stop the eviction process or just let it go as planned???
 
Zigner

Zigner

Senior Member, Non-Attorney
ginlee2 said:
We filed it and have given it to the sheriff to deliver on Friday. The house is going into foreclosure unless we can do a shortsale. But she will not let anybody in the house including the owner.
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Who are YOU in this situation?
 
C

CourtClerk

Senior Member
ginlee2 said:
We filed the writ and paid the sheriff to serve it this Friday June 3rd. Do we have to stop the eviction process or just let it go as planned???
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You're represented by counsel. What did your ATTORNEY (you know, the person you pay for legal advice) say when you asked him this question?

Why did the attorney not oppose the demurrer if judgment was already rendered? WAS judgment already rendered?
 
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ginlee2

Member
case not over

06/01/2011 Ex-Parte Application (TO AMEND ORDER )
Filed by Defendant, & Defendant in Pro Per

06/01/2011 Order (VACATING DEFAULT AND DEFAULT JUDGMENT, RECALLING AND QUASHING WRIT )
Filed by Defendant, & Defendant in Pro Per

The attorney told the judge that this tenant had no rights to be in court. She told judge that the paperwork should be demissed because when she was dimissed in March this tenant had 5 days to file a response and she did not. So, she should not have a leg to stand on. But this judge will not stop the case. This time she said that she has to read it all and see if there is something that she is missing. She keeps letting this tenant file more and more paperwork. Now you know why we have not been able to end this case.
 
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ginlee2

Member
tricky, very tricky

A writ was issued in May and stopped by another judge three days later. Judge said that she wanted to hear the dismissed tenants Demurrer. Now, here is the tricky part. No Demurrer was ever filed. This dismissed tenant said that she tried to file it but the fax machine on the courts side did not work. This Demurrer was to be filed in March...right before tenant was dismissed. Time marches on and almost 3 months later now that judge said that she want to hear it. I was told that once a judgement was given and a contract was made (both attorneys agreed, one attoney asked for his money and writ was issued) then no documents are to be heard after that. Is this correct??
 
D

divona2000

Senior Member
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