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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 18382
Experience:  B.A.; M.B.A.; J.D.
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In an unlawful detainer case we requested a jury trial. We

Customer Question

In an unlawful detainer case we requested a jury trial. We never got heard but my boyfriend who is on the lease signed a stipulation and judgement and I was not aware because I was being transported to a hospital as the trial was happening. Our lawyer asked if we could continue on a different date because of the emergency at hand and the judge denied the request. Being as though I had a seizure and was sick he was more worried about getting to me rather than dealing with the trial. He was never heard and no jury trial took place. We have more than Enough evidence proving inhabitability and discrimination against a disabled person (me) and retaliation for exercising our rights as well as allowing the manager to steal $400 from us and allowing the nuisance and threats of bodily Injury by our neighbor. I believe it's unfair how things went and I want another fair shot at a jury trial. What can I do?
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
Also on February 9th we had a meeting with coorporate office and met with the president of the company. She promised and guaranteed that all repairs would get done within 30 days. 4 days later she sent her personal assitant to our apartment to inspect the habitability issues. After that no one ever came back or contacted us regarding this matter.
Customer: replied 1 year ago.
The front window has no lock and is cracked. We use a broom stuck to keep it closed so no one can come in, the window in the kitchen doesn't close because it's detached from the winding apparatus that brings it in to close it and so when it rains out kitchen floods, there are no GIF outlets by the sinks as promised, oiets are missing faceplate and are burned so we can't use them, the ceiling fan in kitchen is missing a blade so it's unbalanced and swings if it's turned on so we haven't been able to turn on a light in the kitchen because they are both connected and the chords were cut off to control either one, the apt wasn't pained and thy left patches where they tried covering up holes and the paint in the vanity area has come off and is chipping all over the place.
Customer: replied 1 year ago.
Oh, and we fired our attorney after she didn't show on the day of trial and instead sent her colleague when we were comfortable with her and expressed to her on several occasions prior to the court date that we wanted her handling our case so we are going at this alone..
Customer: replied 1 year ago.
Excuse the typos, outlets, painted and our were misspelled
Expert:  Phillips Esq. replied 1 year ago.

I am sorry to read about your difficulties.

In what state do you reside?

Customer: replied 1 year ago.
I live in Glendale, Ca. Another thing I am unsure of: I know nothing really can stop the eviction but if setting aside the judgement is an option and our side gets heard what could possibly happen? Or should we just leave the stip agreement as is, and just sue them in unlimited civil court for all the damages which include everything I stated above, the stress caused by this management company resulting in two trips to the ER which had me in ICU for 4 days and 12 days in a room, and this last time which consisted of a 2 day stay? I just want to believe that our judicial system isn't as unfair and unjust and always in favor of the party with the most money.
Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information:

I live in Glendale, Ca. Another thing I am unsure of: I know nothing really can stop the eviction but if setting aside the judgement is an option and our side gets heard what could possibly happen?

Response 1: Stipulation of Judgment can be set aside and the eviction stayed.

I have viewed the attached images and you should not live in that condition. The Landlord is not entitled to rent under the circumstance. You should contact the City's Sanitary Department to inspect the premises. You should also file counterclaim against the Landlord.

Or should we just leave the stip agreement as is, and just sue them in unlimited civil court for all the damages which include everything I stated above, the stress caused by this management company resulting in two trips to the ER which had me in ICU for 4 days and 12 days in a room, and this last time which consisted of a 2 day stay? I just want to believe that our judicial system isn't as unfair and unjust and always in favor of the party with the most money.

Response 2: No, you should not. You should seek to have the stipulation set aside by filing a Motion to Set Aside. You should also file Counterclaim against the Landlord for your damages. You can obtain blank Motion forms at the Courthouse in the Clerk's Office or online:

http://www.courts.ca.gov/formsrules.htm

http://www.courts.ca.gov/selfhelp-eviction.htm

Best wishes,

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