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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87578
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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One tenent is suing me to get all his rent back for the reason

Resolved Question:

One tenent is suing me to get all his rent back for the reason that I had converted a room without permit. He has never live in that room.

In Febury 2012, we won the demeur hearing for the motion to strike, since the tenent's complain was insufficent under the law. I was told that the tenent had to file an amended complain. So far , alfer year, the tenent has not done so.

But the judge has set up an trial date. Is there any way to stop the trial since there is no valid complain?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation.

First of all, understand that even though you believe that the tenant may not have filed an amended complaint, they may have, but simply may not have sent you a copy! The tenant has already demonstrated that they have little decency, so I would not put this past them.

As such, it would behoove someone in your situation to check with the court if they had filed an "amended complaint" just to be sure.

IF THEY HAVE INDEED filed an amended complaint, then of course the hearing stays.

IF THEY DID NOT FILE an amended complaint and have missed any deadline set by the Judge, and the hearing is coming up, then you may wish to file a Motion to Dismiss, serve the tenant, and set this for a hearing in an attempt to dismiss the matter before even getting to the trial date. However, one way or another, you may have to end up having a quick hearing to have this matter dismissed.

If nothing is done by you, the tenant may not even show up at the trial date, or may show up and (if he has no amended complaint) the matter may be dismissed then and there. So the choice is yours, but a few proactive steps are recommended to be taken.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

Hi, Aly,


Thank you for the response. I have a few questions.


1) What do you mean by " I would not put this past them." at the end of the first paragraph.


2)"it would behoove someone in your situation to check....." what does behoove mean


3" but a few proactive steps are recommended to be taken." what are those steps?
4) Would it be simpler to just go to the trial to ask to dismiss the case?

Expert:  Ely replied 1 year ago.
Thank you for your follow up.

1) What do you mean by " I would not put this past them." at the end of the first paragraph.

What I mean is that they may have filed the amended complaint but never sent it to you, as they were supposed to. "I would not put it past them" is a "saying" that means "I would not expect them to act properly/honorably."

2)"it would behoove someone in your situation to check....." what does behoove mean

"Behoove" means "it would be in your best interest."

So if your child was running barefoot and there was glass on the floor, I can say "It would behoove your child to put on some shoes."

3" but a few proactive steps are recommended to be taken." what are those steps?

1) Call the court and ask if they indeed have filed the amended complaint or not.
2) If not, consider filing a Motion to Dismiss.

4) Would it be simpler to just go to the trial to ask to dismiss the case?

Probably so - yes. If he had never filed that amended complaint, then at request, the matter may be dismissed at trial anyhow.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

Thank you for the follow-up answer. Do you practice in California, In perticular, in Santa Clara?

Expert:  Ely replied 1 year ago.
Friend,

I am afraid that JustAnswer experts cannot take customers on as clients - we are prohibited from doing so. Ergo, I must respectfully XXXXX XXXXX this is what you meant. May I recommend the Santa Clara Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87578
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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