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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118635
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I found letter that my own daughter kept in her desk. it

Customer Question

I found letter that my own daughter kept in her desk. it showed notice to vacate and has case number ***** county of los angeles sheriff's department court services division. I had contract with plaintiff which is hotel permit property for 2 years for leasing the room for my daughter.
JA: Have charges been filed? If so, when is the next court date?
Customer: they did not sent to me that letter where I live (even though they know my address as co-signed-in that contract), thus already past the date of vacate date. since June they kept returned my rent check for my daughter is staying, which is june, july, august rent and i have 3 returned envelope with checks in it. Plantiff's reason is that section 24 Writ of possession or Writ of sale - the prejudgment claim of right to possession was served in compliance with ccp 415.46.
JA: Has anything been filed or reported?
Customer: I did not filed i found 2 days ago, i did not know what to do about
JA: Anything else you want the lawyer to know before I connect you?
Customer: they sent to my daughter (i did not know that time what was going on either) some kind of complaint was not true, example she never lived their complaint date since she was hospitalized)
Submitted: 2 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, even though your name is ***** ***** lease as co-signer, the landlord only needs to give notice to vacate to the resident/occupant of the property, not to the co-signer. The co-signer's only liability is to pay in the event the tenant does not pay.
So, if they have a judgment against her and she never replied and was not present during the claims alleged by the plaintiff, you have recourse and that would be to file a motion to vacate judgment/writ in the court. You would need a local attorney to represent her to file the motion and stop her from being evicted from the property, but if as you said she was not present the date of complaint and was in the hospital and you can show she did not reply to the writs for good cause, the attorney should be able to vacate the judgment and reinstate the lease.
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