red_eye_jedi
Junior Member
What is the name of your state (only U.S. law)? California
Hi,
(In Los Angeles)
I am not sure whether the court will hold an actual UD trial on my continuance date or perfunctorily enter a judgment in landlord’s favor.
My UD trial was continued to Oct. 22. But, Commissioner ordered me to pay the pro-rated rental value for that period to the Court by a specified date. When I asked him what would happen if I ultimately did not pay that amount, he said that he did not know: “Perhaps there will be no trial after all; nevertheless the continuance date is as I stated,” he finally responded after some hesitation.
Well, that date now approaches. I certainly cannot afford to pay that amount myself, as I had two other roommates helping out with the rent during my tenancy.
Background: Near court closing time on the original UD trial date, opposing counsel and I discussed setting a continuance date because there was no courtroom available for our trial: due to congestion. I told him that I was going away and would not return until Friday, October 19. He suggested the 19th as a continuance date. I told him that plane would not land until afternoon of the 19th, therefore I offered the Oct. 22 as a date. He agreed.
However when we promptly went before the court clerk to obtain that continuance date, he told clerk that we could not agree on such a date; therefore he wanted court to set a date. Later, when I asked him why he changed his mind so fast, he explained that October 22 was too much time.
We then went before the Commissioner; he required us to sign a stipulation which permitted him to select a date for the continuance. He then set date to Oct. 22, as I had desired. Opposing counsel then complained that landlord risked potentially losing that period’s rent. Then, both he and Commissioner separately looked up relevant statutes. Then Commissioner ordered me to pay pro-rated rent for that period.
I thought that such payments were only required where defendant sought to have default judgment set aside, or to appeal an adverse judgment, or in cases where he had sought bankruptcy protection (before actual trial date was set). I mentioned this to Commissioner. He responded that it also applied where parties could not agree on a continuance date—where court congestion caused delay.
Then opposing counsel explained to the Court that he had wanted Oct. 19 as a continuance date, but I refused. So, I quickly responded that I would change my travel plans in order to be available on the Oct. 19th. He then snapped that such date offer was now rescinded.
QUESTION 1: Will I have a trial on that continuance date or will the Court simply enter a judgment in favor of landlord because I will have not paid the required monies?
QUESTION 2: If Court automatically enters judgment for landlord, can it give me only five days before lockout?
QUESTION 3: Was opposing counsel not acting in good faith when, while we spoke before the Commissioner, he refused me when I ultimately agreed to change travel plans and concede to a continuance date of Oct. 19?
Thank you,
Dirkster
Hi,
(In Los Angeles)
I am not sure whether the court will hold an actual UD trial on my continuance date or perfunctorily enter a judgment in landlord’s favor.
My UD trial was continued to Oct. 22. But, Commissioner ordered me to pay the pro-rated rental value for that period to the Court by a specified date. When I asked him what would happen if I ultimately did not pay that amount, he said that he did not know: “Perhaps there will be no trial after all; nevertheless the continuance date is as I stated,” he finally responded after some hesitation.
Well, that date now approaches. I certainly cannot afford to pay that amount myself, as I had two other roommates helping out with the rent during my tenancy.
Background: Near court closing time on the original UD trial date, opposing counsel and I discussed setting a continuance date because there was no courtroom available for our trial: due to congestion. I told him that I was going away and would not return until Friday, October 19. He suggested the 19th as a continuance date. I told him that plane would not land until afternoon of the 19th, therefore I offered the Oct. 22 as a date. He agreed.
However when we promptly went before the court clerk to obtain that continuance date, he told clerk that we could not agree on such a date; therefore he wanted court to set a date. Later, when I asked him why he changed his mind so fast, he explained that October 22 was too much time.
We then went before the Commissioner; he required us to sign a stipulation which permitted him to select a date for the continuance. He then set date to Oct. 22, as I had desired. Opposing counsel then complained that landlord risked potentially losing that period’s rent. Then, both he and Commissioner separately looked up relevant statutes. Then Commissioner ordered me to pay pro-rated rent for that period.
I thought that such payments were only required where defendant sought to have default judgment set aside, or to appeal an adverse judgment, or in cases where he had sought bankruptcy protection (before actual trial date was set). I mentioned this to Commissioner. He responded that it also applied where parties could not agree on a continuance date—where court congestion caused delay.
Then opposing counsel explained to the Court that he had wanted Oct. 19 as a continuance date, but I refused. So, I quickly responded that I would change my travel plans in order to be available on the Oct. 19th. He then snapped that such date offer was now rescinded.
QUESTION 1: Will I have a trial on that continuance date or will the Court simply enter a judgment in favor of landlord because I will have not paid the required monies?
QUESTION 2: If Court automatically enters judgment for landlord, can it give me only five days before lockout?
QUESTION 3: Was opposing counsel not acting in good faith when, while we spoke before the Commissioner, he refused me when I ultimately agreed to change travel plans and concede to a continuance date of Oct. 19?
Thank you,
Dirkster