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A defendant filed his UD answer late but the court accepted…

Customer Question
A defendant filed his...

A defendant filed his UD answer late but the court accepted it. He did not show up in court for the trial. I filed for default but the clerk rejected it. What should I do now. How do I evict him?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

In Los Angeles, CA, under rent control. He's being evicted for non-payment of rent.

Lawyer's Assistant: Has anything been filed or reported?

A UD has been filed. He filed his answer late but the court accepted it. But he did not show up for trial. The clerk rejected my request for default because he had filed his answer. What should I do. How do I evict him now?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's it. I need to know how to proceed to evict him.

Submitted: 7 months ago.Category: Legal
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Customer reply replied 7 months ago
When the defendant didn't show up in court on 12/6/2017, I asked for default, the judge said "no" because 2 other defendants were in court. The judge continued the trial to 12/13/17. The other 2 showed up and we resolved the case. But this same defendant didn't show up again. I asked for him to be included in the same judgment. The judge said no because he's not in court. I then filed default by the clerk for possession only. But the clerk rejected it because the defendant filed his answer already. I am stuck in the twilight zone. Please tell me how to proceed to evict this person who filed his answer but did not show up in court twice and twice the judge refused to give me a default in court and now the clerk refused to give me a default. How do I evict this guy?
Answered in 2 hours by:
12/20/2017
Lawyer: Michael Lykken, Esq,
 replied 7 months ago
Michael Lykken, Esq
Category: Legal
Satisfied Customers: 120
Experience: Partner at Soares & Lykken, Attorneys at Law
Verified

Hello, thank you for using this service. My name is ***** ***** I am a California real estate attorney. Please understand that I call only provide you with general information in this forum, and that no attorney - client relations is formed, Now that the formalities are done lets look at your question.

First, I need some clarification as to the status of the case. Is possession of the house still an issue? Also, did you settle with the other defendants or did you proceed to trial? If you could clarify three questions It would be helpful. Thank you.

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Customer reply replied 7 months ago
All 3 defendants filed their UD answers. 2 defendants showed up in court on 12/6/2017 for trial. I asked the judge for judgement against the 3rd who was no show but the judge said she wants to resolve all 3 defendants in 1 hearing. So the trial was continued to 12/13/17. I gave notice about the new date. The 2 came and the 3rd did not come again. I settle with the 2. The judge refused to include the 3rd in the same Stip because he was not there to sign it. I asked the judge for a judgment against the 3rd for no show. The judge told me to file a "default". As I only want possession, I filed a clerk default but it was rejected because he had filed his answer. I am not sure what to do at this point. Do I file a "court judgment" because defendant failed to appear for trial? But no trial took place on 12/6/2017 or 12/13/2017 against the 3rd. I need a judgment against him because I don't want him to say he was never evicted. Please advise how to proceed and what I need to do. If you have any question, please feel free to call me at(###) ###-#### Thank you.
Lawyer: Joycelaw, Attorney replied 7 months ago
Joycelaw
Joycelaw, Attorney
Category: Legal
Satisfied Customers: 124
Verified
Phone call session started
Lawyer: Michael Lykken, Esq,
 replied 7 months ago

Thank you for clarifying this for me. Does the defendant still have possession of the premises? What I would do is set another trial date using form UD-150 from the www.courts.ca.gov site. If the defendant doesn't show up you can go through with the trial to get a judgment. That really is what should have happened with the first trial date. I hope this has helped, and please let me know if you need any more clarification on this. Also, I would appreciate it if you would rate my service as I only receive credit for helping you if my service is rated. Thank you and good luck!

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