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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92488
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Can I object to a judges ruling in eviction court? Details:

Resolved Question:

Can I object to a judges ruling in eviction court?
Details: My husband is a defendant & former homeowner
Caught in an unlawful detainer suit. We can't afford
a lawyers services so we discovered we could represent
ourselves. We learned very quickly that we had a right to
File a motion to "quash" the summons and complaint.
Since my husband is a sick man (end stage renal failure)
I did my due diligence and actually found 3 infractions
to point out in the motion- on the first day of hearing I showed
Up on behalf of my husband, as he was home recovering from dialysis- btw
I'm not listed as a defendant - needless to day I got chewed out for "practicing
Law without a license"...the judge then said m husband had to file
The Answer in 5 days. He didn't rule on merit so I decided to re-file the motion
and this time my husband showed up for the 2nd hearing-he asked the judge if in could stand with him and speak for him as he was feeling I'll and not versed in the
case- the judge said "no"- then the Plantiff's counsel filed in open court
a "motion to oppose"...we didn't have time to review it and my husband struggled to understand what he was reading/ he couldn't counter the details be ause
he wasn't familiar with the issues as I was. When the judge asked if anyone had any
questions they both said "no "- my husband did not know that he could
have "objected" and asked for more time, so the judge agreed with the Plantiff's motion to
Oppose; when I got a chance to read at home I was shocked at the discrepancies and
more than ever I would like another chance to fight back; can we? We were in court
this past Monday and the judge said we had 5 days to file ; does that gives until
Friday or Monday to file?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am afraid it is unlawful and actually can be a misdemeanor or felony criminal offense to practice law without a license, so be careful. The law says you can only represent yourself, not your husband or even child.

Your husband can fight back and object to the judge's ruling and he would have to be the one to argue the objection I am afraid and not you.

When the judge gave you 5 days to file, that is 5 calendar days beginning Tuesday as day 1 and since day 5 is on Saturday, Monday would be the date it is due to be filed.




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Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92488
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
So, how should my husband "object"? Are you saying he can "object" to the ruling still? If so- what is the name of
the "motion" to do this?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Your husband would now have to file a Motion to Vacate the ruling on the Motion to Oppose and in the motion he needs to argue that being pro se he was not given the chance to object properly to the motion. Unfortunately, the courts all do hold that a pro se litigant has to abide by the same rules as licensed attorneys and the courts are not supposed to treat a pro se litigant any different than an attorney (although many judges do give pro se litigants a little more leeway than they would normally give an attorney).
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92488
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Ok- will he need to supply "memorandum & authorities" in this filing or can he just speak plainly ?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Yes, all motions must be accompanied by a memorandum of law and authorities explaining his position. In court he can speak plainly, but the memo of law must accompany the written motion.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92488
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Hello again,...I was doing some research after my morning questions to you and it seems, according to the superior court of los angeles website, under "motion to vacate judgement" that I can't do this UNLESS we've had a trial already and I actually get something from the court that states the judgement and starts the countdown.


 


Maybe I didn't explain my situation fully...I don't think I've had a "trial" yet, unless you consider the two "hearings" we've had so far "trials"? I'm confused. Please set me straight!

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

You said above in your question that there was a judge's ruling in the case, that indicates some form of trial was had. If there was a judgment of eviction and you were ordered out of the property, that is something you can file to vacate. If there has not been a final judgment in the case you have to wait until there is a final judgment and then you can 1) move to vacate and 2) file a notice of appeal to the appeals division and seek to have the final judgment reversed.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92488
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


Ohhhhhhh, I see...well, what is it officially called when a judge "agrees" with the other party...this was a 2nd hearing because instead of just filing the "Answer" in this UD (ca), we chose to excerise our right to find defects in the summons and complaint and we did...THREE infractions..so, we filed a "quash" and a hearing was set...we went to that and that was a HARD lesson in how NOT to be a "pro se litigant" for your hubby when he's the "defendant" and you show up for him in court because he's recovering from dialysis (he's an end stage 5 renal failure patient and I thought I would be his "power of atty", and step in for him....not a good idea, and I found out, not a legal one either), anyway...that judge didn't even read or address the motion to quash (he didn't rule for the plantiff to quash based on "merit and predjudice"...I'm learning fast), so, he told me I had five days to "answer"...so, I filed a 2nd time, this time taking my name off of the filing, and setting another hearing date....2nd hearing comes and my sick husband gets up there before the judge, and you know the rest.....again, the judge said "file in 5 days", and I think I heard him say "I strike the motion to quash"....it's THAT "ruling" or whatever you call it that I wanted to "vacate/reconsider", whatever the legal term for what I want to do is called (IF I can do it), because of the fact that the Plantiff's counsel admitted, in open court, their motion to "Oppose" without ample time to read, and discover the descrepencies that were in that motion, as there were...in other words, I saw LIES, and no exhibits, as they declared there were, and it seemed as if the judge just ignored our merits and granted the Plantiff a "win", if you will.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

It is tough to know why judges rule the way they rule in this forum because we cannot see everything a party has submitted to the court in the case. With pro se litigants though, the main problem they have is that they do not know the rules well enough and miss following procedures or rules of evidence that cause them to lose their case.

At this point, if the court has issued an order against you, but it is not a final order in the case, you can file a motion to reconsider (since you can only seek to appeal a final decision in a case) and ask the court to consider your new evidence about the lies and to reconsider its ruling.

Other than that, you are going to have to proceed to a trial on the case and see if you can get a favorable ruling and if the judge rules against you finally, then you file a notice of appeal and file your appeal to the appeals division (or superior court depending on which court you are in right now)
Customer: replied 1 year ago.

Ok, so ....for every "hearing" there's a "ruling", right?...and the "trial" is the actual day we stand as two party's to decide the UD (Los Angeles Superior Court/Pasadena, CA) after I file the "Answer"....and I CAN file a "motion to reconsider" highlighting the "lie", "lack of evidence/no exhibit", etc..., and can I also file at the same time a motion or something that would actually have the judge place his decision in writing, incase I have to appeal in a higher court?

Expert:  Law Educator, Esq. replied 1 year ago.
Right, in every hearing the judge rules on something. In a trial, there is a final order.

You can file your answer and a motion to reconsider the objection based on the lies yes. The judge's ruling is on the record already, he does not really need to put it in writing, it is in the court transcript which has to be sent to the appeal court with the appeal.

You do have a long road here and a lot of procedural reading to catch up on to do this right and you may want to consider legal aid or calling the state bar for a pro bono attorney in your area who can assist you with this.
Customer: replied 1 year ago.

I want to put the "Answer" off until I have no other option, like after the Demurrer (this is where I want to try to bring to focus the "duly perfercted title" issue of the illegal sale of our home-that's ANOTHER question altogether, not there yet....actuallly doing LOTS of research on what cases have set up case law for what I'm trying to do)...Ok, so:


I can, by Monday, a "motion to reconsider"....do I need to FILE the original "motion to quash" as well (making two separate filings), or JUST the "reconsideration", with points and authorities, etc...?


 


Oh, and as far a "pro bono" help...I've looked EVERYWHERE first, and no one seems to do "post foreclosure/eviction"...don't know why, ...maybe because it's just a tangled web, my guess.

Expert:  Law Educator, Esq. replied 1 year ago.
You can do both the motion to quash and the motion to reconsider separately with your memorandum of law.

I know it is tough to get legal help out there when people cannot afford it. The local law school could also be of some help to you in this matter as well.
Customer: replied 1 year ago.

Ok, file both....now, in anticipation of the Plantiff's counsel to 'OPPOSE" that as well, as they will get at least 5 days before hearing to review it, can my husband, this time around, in court, legally refuse to answer it, on the grounds of last minute filing? What we're fighting for is to push the judge to rule on merit this time and our right to not be heard by the court's jurisdiction due to the infractions. Just an example of the first merit that was ignored...we sited the service...on the Plantiff's "proof of service", they listed one man who "posted" the notice (we learned that there has to be an "ex-parte" applicaton by the court and permission to post), that alone should have been grounds to dismiss the UD, aside from not placing a date of service, on the first page of the official summons-the Plantiff's "oppose" stated that there was ANOTHER individual who served us, and described me, who of course, I never met, but the individual who was named on the first UD summons and complaint...(I believe when I introduced myself to the Plantiff's counsel at the first hearing, perhaps he described my appearance, OR... the individual the signed off on the proof of service on the UD summons wasn't the individual at all-see how confusing this is, but I caught it, and want to bring that fact to light, were there TWO servers (highly unlikely) and if so, where was the Ex. that was stated in the "oppose" sited that new individual and his signed proof of service? I feel I have a legal issue here to bring to light.

Expert:  Law Educator, Esq. replied 1 year ago.
Your husband has to answer something to their opposition, this is the problem for pro se litigants because they need to be prepared to at least say something in objection to these motions.
Customer: replied 1 year ago.


Ok, so basically, if he's up there and feels that something isn't right, especially a last minute filing in open court by the Plantiff, then he must speak up and object, because when the judge asks "are there any questions", and both party's say "no", to the judge, he hears "no one is objecting ...I can now rule and move the case fw'd", right?

 

Also, one final question: when preparing my "motion to quash", will I reference it as such (since it's my 3rd attempt) :

 

"NOTICE OF 3RD MOTION AND MOTION TO QUASH SERVICE OF
SUMMONS AND COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Yes, if something happens he has to speak up. This again is a big issue for a pro se litigant because they simply do not know what the laws are or the process.

It would be Notice of 3rd Motion to Quash...
Customer: replied 1 year ago.

NOTICE OF 3RD MOTION TO QUASH AND MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF


 


Ok, thank you for that clarification, I really do appreciate the time and energy you have spent on my questions. Believe me, if I had anymore "defense money", which we spent all of already, in the last few years trying to fight, I would NOT be doing this. I appreciate compentant attorney's and they rightly deserve their asking fees, because, as I am learning, there's ALOT to learn. At this point, you have answered all of my questions pertaining to this post.


 


Sincerely,


"fighting mom of four" :)

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you very much. I wish you the best fighting this matter.
Customer: replied 1 year ago.

One last thing...is this how I caption the other motion (to reconsider)


 


"NOTICE OF MOTION TO RECONSIDER JULY 22ND RULING FOR THE PLANTIFF’S MOTION TO OPPOSE MOTION DEFENDANT'S 2ND MOTION TO QUASH"


 


(of course, adding the points and authorities)


Expert:  Law Educator, Esq. replied 1 year ago.
Yes, that is correct. You seem to be getting the hang of it.
Customer: replied 1 year ago.

LOL...trying saying that really fast 5 times.


 


Thank you once again, and I hope you are recieving the "bonus's" that I've been sending you. The system sometimes does not allow you to continue asking questions (even though I'm a monthly member now) unless you "bonus", so, please tell me that YOU are getting it. If so, please know that if I had more $, I would send you more.


 


Hopefully I'll see you on the boards again as I continue to fight my way through this "pro per" maze!!!

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you. I won't try to say it fast, it would give me a headache.

You can ask for me specifically by name if you have any new questions. Thank you very much for the bonuses.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92488
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 10 other Legal Specialists are ready to help you

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