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Stipulation for Judgement (Unlawful Detainer)

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D

ditownsend

Guest
What is the name of your state? California

We are the defendants in an unlawful detainer case. We live in a mobile home park in California. We appeared in court on 12/5/02 and signed a Stipulation for Judgement which said, the defendant is given 55 days to completely remove all storage items that violate the park rules. If defendant complies plaintiff will dismiss case. If defendant fails to comply, judgement for possession ???? (word not legible) enter at next court date.

We did as stipulated but did not complete the cleanup until 2/4/03. 55 days from 12/5/02 would be 1/29/03 (1/29/03 would be the 55th day, I think).

Am I correct in assuming that because we did not comply with the stipulation within the stipulated time frame that we did not comply with the stipulation, period?

We are hoping that we can talk to landlord and she will inspect the lot and agree to dismiss the case even though we were a few days late.

Our original defense in the case is that the landlord accepted rent for a period of time after the notice to quit had expired. Also we were not properly served the notice to quit or the unlawful detainer summons. According to the California Mobile Home Residency Law, the notice to quit must state the reason for termination, which the one we received did not.

Will we still be able to use any of these defenses if landlord wants to continue with the case or did we basically give all that up when we signed the stipulation?
 


HomeGuru

Senior Member
ditownsend said:
What is the name of your state? California

We are the defendants in an unlawful detainer case. We live in a mobile home park in California. We appeared in court on 12/5/02 and signed a Stipulation for Judgement which said, the defendant is given 55 days to completely remove all storage items that violate the park rules. If defendant complies plaintiff will dismiss case. If defendant fails to comply, judgement for possession ???? (word not legible) enter at next court date.

We did as stipulated but did not complete the cleanup until 2/4/03. 55 days from 12/5/02 would be 1/29/03 (1/29/03 would be the 55th day, I think).

Am I correct in assuming that because we did not comply with the stipulation within the stipulated time frame that we did not comply with the stipulation, period?

We are hoping that we can talk to landlord and she will inspect the lot and agree to dismiss the case even though we were a few days late.

Our original defense in the case is that the landlord accepted rent for a period of time after the notice to quit had expired. Also we were not properly served the notice to quit or the unlawful detainer summons. According to the California Mobile Home Residency Law, the notice to quit must state the reason for termination, which the one we received did not.

Will we still be able to use any of these defenses if landlord wants to continue with the case or did we basically give all that up when we signed the stipulation?

**A: you defaulted on the stipulated judgement so it's all over for that case.
 
Z

zappy

Guest
Will we still be able to use any of these defenses if landlord wants to continue with the case or
did we basically give all that up when we signed the stipulation?
=====================

A. If you read the stipulation, you KNEW you had to give up drinking and drugging and buying Xmas presents for 55 days, and use the money you saved to take care of the task at hand, so you wont be evicted.

You FAILED!
 

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