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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16164
Experience:  7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I received a notice to vacate from the sheriffs dept. in Palmdale

Customer Question

I received a notice to vacate from the sheriff's dept. in Palmdale ca. This is from a summary judgement awarded by the judge to the bank. I filed an appeal, against the summary judgement but it does not stop the lock-out. I never got my day in court on the unlawful detainer to show that the documents were not filed properly and present this info to the court. What form can I use to stay the judgement for lock out and get my day in court?
Submitted: 4 years ago.
Category: Legal
Expert:  LegalKnowledge replied 4 years ago.

While you answered everything, did you actual appear in court? Did you receive notice of the court date?

Customer: replied 4 years ago.
I appeared in court on the summary judgement only, not on the unlawful detainer. It did not say I had to show up but I went anyway to see what it was about. when I got there the judge awarded the judgement to the bank. I expressed to her I have not had my day in court to present my evidence and she wasn't aware that I had answered the summons. The judge told me I needed to appeal the judgement. I did as she said but I found out it still does not stop the lock out. Even though I wasn't on trial I felt like I was on trial, eventhough I realize she did not know the whole story.
Expert:  LegalKnowledge replied 4 years ago.
I am sorry to hear about your situation. You should have been noticed of the unlawful detainer hearing. If you were not, then you certainly have a basis to appeal. However, the Judge does not know the reason behind your failure to appear and you will need to go through the necessary steps and wait, until the appeal is heard.

A tenant who loses an unlawful detainer lawsuit may appeal the judgment if the tenant believes that the judge mistakenly decided a legal issue in the case. However, the tenant will have to move before the appeal is heard, unless the tenant obtains a stay of enforcement of the judgment or relief from forfeiture. The court will not grant the tenant's request for a stay of enforcement unless the court finds that the tenant or the tenant's family will suffer extreme hardship, and that the landlord will not suffer irreparable harm. If the court grants the request for a stay of enforcement, it will order the tenant to make rent payments to the court in the amount ordered by the court.

Customer: replied 4 years ago.
There was no unlawful detainer hearing. It was just the summary judgement hearing which means the other side felt there were no triable issues so there was no need for an unlawful detainer hearing. So I am trying to get my day in court to present my side of the situation, which includes the other side not filing the documents properly.
Expert:  LegalKnowledge replied 4 years ago.
I know what a summary judgment hearing is. You should have been notices of the hearing, to present your argument. If you were not, you need to file a motion and appeal, as explained by the Judge. If you do not move out of the property, another hearing will be held, which will be the unlawful detainer hearing, which you could attempt to provide your evidence then.
Customer: replied 4 years ago.
what document do I need to file a motion and appeal. I already filed an appea. Will this motion and appeal stop the lock-out?
Expert:  LegalKnowledge replied 4 years ago.
I noticed you asked 2 previous questions that you allowed to time out. I have no problem continuing to answer your question but want to make sure, you are willing to accept if you are satisfied with the answer.
Customer: replied 4 years ago.
yes I am willing to accept. The last question you are referring to was the attorney gave me the wrong info and document. She had me file an unlimited appeal that should have been a limited appeal. And it did not stop the lock out. The other questioned was not answered due to a system error.
Expert:  LegalKnowledge replied 4 years ago.
What is your question again, so I am clear?
Customer: replied 4 years ago.
what form do I need to file to stop the lock out and get my day in court?
Expert:  LegalKnowledge replied 4 years ago.
Since you did not receive notice, you need to ask the court to set aside the default judgment and in the motion, explain the reason.
Customer: replied 4 years ago.
ok I am going to accept your answer. I want to be clear on this. When I file this document will the slow down the lock-out. And do I use the set aside default judgement form?
Expert:  LegalKnowledge replied 4 years ago.
Yes. File the motion to set aside the judgment. You also need to remember, if you fail to move when asked, the landlord will then first have to file for an unlawful detainer. There will be a hearing on that, at which time you could also plead your case, to the court.
Customer: replied 4 years ago.
my unlawful detainer answer has already been filed. So when I file the motion to set aside the judgement that will stop the lock out? I have about 3 days to do this. so I want to make sure this works for me? Thank you for your help and I will accept your answer for payment
Expert:  LegalKnowledge replied 4 years ago.
If the landlord filed the unlawful detainer against you, there should have been a hearing set, which you should have received notice of. You need to file your EMERCENCGY motion to vacate the judgment on Monday, so it is in front of the Judge ASAP
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16164
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
LegalKnowledge and 12 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
where do I get the emergency motion to vacate form from.
Expert:  LegalKnowledge replied 4 years ago.
Clerks of courts website
Customer: replied 4 years ago.
Can you please give me the link to find the form motion to set aside judgement. You told me it was available at the court clerk website, but the only one I found was through the small claims court, and the hearing was not in a small claims court.

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