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Richard Price, Esq
Richard Price, Esq, Attorney
Category: CA Real Estate
Satisfied Customers: 59
Experience:  Attorney at The Law Office of Richard Samuel Price
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My uncle died June 8. I was notified on the June I contacted

Customer Question

My uncle died June 8. I was notified on the June I contacted management of the park that same day informed them I was his only heir to his estate.informed me that he had not paid rent for that month. I informed them that it would be at least 45 days before
i would have access to his account . they said no problem with a smile. So I proceeded to clean the place out asked for a application but was never given one. It turns out the manager had already served a 3 day pay or quit on the june 9th.which had come and
gone. then looking back at the days . it states the office is open from Tues to Thurs closed Fri thru Monday the last day of the 3 day notice lands on a Friday so how can someone make a payment. Also there was nothing posted on the door when i arrived at the
mobile home and supposedly a 60 day termination of tenancy was also served never even saw that either..till a friend driving by the mobile saw some stuff on the front porch on Aug 21 the Unlawful Detainer. Oh by the way I did drop off check in drop box for
June rents but it was never cashed the claim it never was received. So I spoke to park manager and asked her what was going on she said there was nothing she could do. that i need to contact the attorney. In the mean time I went to courthouse and filed my
response with the courts got al little help from courthouse guru .Now the way I understood it my name was not on the documents.and I did not live there at the time this Unlawful detainDo er was filed .So all I responded to was the answer that i was the legal
heir and was in process of getting paperwork done so next thing i know they are posting saying locks will be changed by Sept 15 I call there attorney and ask him what is going on here he tells me I need to come up with 4000.00 dollars all past due rent and
extra 1500.00 in attorneys fees which I having a real problem paying for since it should of never gone this far if she would told all this up front instead of deceiving me intentionally. And if i can come up with all the money to pay them I would have to turn
around and sell the mobile home and would not be able to live there.I never even filled out an application to live there. Do I having any recourse against this mobile home park for this .
Submitted: 1 year ago.
Category: CA Real Estate
Expert:  Richard Price, Esq replied 1 year ago.

For the unlawful detainer, you can file a motion to vacate the court ordered writ of possession due to failure of proper service since you never received the notice.

That may resolve the $1,500 in attorney's fees and the Sheriff lockout, but, that may not resolve the back payments of rent that are due. If the past due rent is $4,000, then you, or your uncle's estate, will have to pay that.

Customer: replied 1 year ago.
is this something I can do?
Expert:  Richard Price, Esq replied 1 year ago.

You could do this on your own or you can hire an attorney to help you. California Code of Civil Procedure §473(b) provides the mechanism for relief from default:

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. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. [ ] Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect. The court shall, whenever relief is granted based on an attorney's affidavit of fault, direct the attorney to pay reasonable compensatory legal fees and costs to opposing counsel or parties. However, this section shall not lengthen the time within which an action shall be brought to trial pursuant to Section 583.310.

You (or your attorney if you hire one) might be able to convince the plaintiff/landlord to stipulate to set aside the default and to vacate the default judgment to obviate the necessity for making a formal motion.

Here is a link to an example of what the form looks like: http://www.courts.ca.gov/partners/documents/motvacdef.pdf

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