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EmplmntLaw1, Attorney
Category: Landlord-Tenant
Satisfied Customers: 5733
Experience:  Licensed and practicing attorney with experience assisting and advising landlords and and tenants
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On April 16, my landlord filed a unlawful detainer complaint

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On April 16, my landlord filed a unlawful detainer complaint against me for April's rental payment. The hearing date was May 8, 2013. On May 8 I appeared in court along with my landlord, and contested the complaint. The judge set the trial date for June 14, 2013 and amended the complaint to include May and June rental payments. On May 16 my landlord filed a second unlawful detainer and the court date was June 12 2013, claiming non-payment of rent for June. On June 12 there was a hearing, but I did not attend because I was already ordered to attend court on June 14 2013, and I confirm this date on June 12 2013. On June 14, the court dismissed the landlord complaint with prejudice. On JuneXXXXXalso issued a default judgment against me, and awarded my landlord immediate possession. Is this legal?
Hi, thanks for submitting your question today. No it is not legal file a second lawsuit regarding the same subject matter/asking for the same relief while one is still pending. You landlord did a run around the law to avoid trial. He would have had to dismiss the first case and, only then, could he bring the second lawsuit. He cannot dismiss the 1st case after he gets a positive ruling on the second case; the second case should not even have been allowed while the 1st case was still active. Unfortunately now you are going to have to call the court and get information on how to get the default removed. They most likely are going to have you file a motion to have the default set aside.

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