Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

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: 5 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Customer reply replied 5 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 5 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.

Ask Your Own Legal Question
Customer reply replied 5 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 5 months ago
Joycelaw
Joycelaw, Attorney
Category: Legal
Satisfied Customers: 116
Verified
Phone call session started
Lawyer: Michael Lykken, Esq,
 replied 5 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!

Ask Your Own Legal Question
Was this answer helpful?
Ask Michael Lykken, Esq Your Own Question
Michael Lykken, Esq
Michael Lykken, Esq
Michael Lykken, Esq
Category: Legal
Satisfied Customers: 120
120 Satisfied Customers
Experience: Partner at Soares & Lykken, Attorneys at Law

Michael Lykken, Esq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
My Summer visitation is written like this Extended Summer
My Summer visitation is written like this: Extended Summer Possession by NATHAN WELLINGTON MARR - With Written Notice by April 1 If NATHAN WELLINGTON MARR gives BRIDGETTE NICOLE MARR written notice by… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
WHAT IS VEHICLE EMBEZZLEMENT
WHAT IS VEHICLE EMBEZZLEMENT?… read more
Lawgirl
Lawgirl
Founder
Doctoral Degree
4,606 satisfied customers
Can the Holiday Inn manager hold my belongings hostage
I was arrested and taken into custody at the holiday Inn for traffic warrant. After my release 12 hours later I went to the hotel for my things, at which time I was handed a bill for $550.00 fir "dama… read more
Law and Order
Law and Order
Doctoral Degree
48 satisfied customers
Does a seller have to "remove, by the date possession is
Does a seller have to "remove, by the date possession is made available to Buyer, all personal property which is not a part of the purchase and all garbage and debris from the Property" if the propert… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,278 satisfied customers
I have a order for possession on Monday is there anything I
I have a order for possession on Monday is there anything I can do I need more time to find a place I have a disabled son plus 3 other boys I am desperate please let me know … read more
Bill Attorney
Bill Attorney
law
2,262 satisfied customers
My boyfriend was arrested for drug possession in 2016. First
My boyfriend was arrested for drug possession in 2016. First time offense. He did not have a valid drivers license at the time of arrest due to being sued in 2009 (car accident) and in 2011 his licens… read more
DanLegal
DanLegal
Law Partner
Juris Doctor
458 satisfied customers
What does an undisposed case of possession of drugs in Ohio
what does an undisposed case of possession of drugs in Ohio mean on a person's record? … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
458 satisfied customers
Is adverse possession transgerable from one owner to another
Is adverse possession transgerable from one owner to another to accumulate the required 21 years? … read more
Lori
Lori
Juris Doctor
1,343 satisfied customers
I am attempting to make a claim of adverse possession on a
I am attempting to make a claim of adverse possession on a piece of property that has been inside a fence of my yard since prior to the purchase of my house in 2003. … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
732 satisfied customers
My car was burglarized while not in my possession (it was at
My car was burglarized while not in my possession (it was at a car dealer lot) in Oklahoma City. The car is titled in the state of Texas and has Texas tags. I am not the owner of the items that were s… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We sued our neighbor in an Adverse Possession case. They
We sued our neighbor in an Adverse Possession case. They submitted to dismiss. The dismissal was upheld. Can I appeal? If so what's the process?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,278 satisfied customers
I received a ticket for misdemeanor possession of marijuana
I received a ticket for misdemeanor possession of marijuana in Mi 7 years ago. The State Police officer told me I could pay the ticket when I got home in Ky. I was in Mi because I was critically ill a… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,278 satisfied customers
I am completing the federal form for security clearance. There
I am completing the federal form for security clearance. There is a question which asks "Have you EVER been charged with any offense(s) related to alcohol or drugs?"; the form also states, "You need n… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
PC1170.12(C)(1)-F SPEC ALLEG- 2 STRIKES (ONE PRIOR)
PC1170.12(C)(1)-F SPEC ALLEG- 2 STRIKES (ONE PRIOR) PC1170(H)(3)-F SPEC ALLEG-NOTICE OF STATE PRISON ELIGI PC12022(A)(1)-F SPEC ALLEG-ARMED WITH FIREARM PC211-F-2 SECOND DEGREE ROBBERY PC30305(A)(1)-F… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
can I be sued by someone in another country
I sold an item to someone overseas (australia) the transaction was done outside of ebay and the person used paypal to pay me. The money was frozen in paypal and I am not able to retrieve it. This has … read more
LawNinvest
LawNinvest
Attorney
Juris Doctorate
66 satisfied customers
what is the legal status of having cactus powder, cactus chips
what is the legal status of having cactus powder, cactus chips or cactus in your home. I am referring to San Pedro, And Peruvian Torch cactus, and NO I don't have any. just curious… read more
Michael J, Esq.
Michael J, Esq.
Solo Practicioner
Doctoral Degree
3 satisfied customers
Is there a squatters rights law in maryland?
A neighbor of mine has lived in a home provided by the church for 36 years. Her husband (the minister) passed away recently and the church is now requiring rent from her or threatening eviction. Is th… read more
Lawmoe
Lawmoe
Lawyer with 20 years of experience
Juris Doctorate
2,405 satisfied customers
i am 18 years old and live in hawaii, if i am still in high ...
i am 18 years old and live in hawaii, if i am still in high school, is it legal for me to move out?… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x