Q: Can a civil lawsuit for frivolous unlawful detainer stop a sheriff lockout
A:
In California, filing a civil lawsuit against a landlord for a frivolous unlawful detainer (eviction) action does not automatically stop a sheriff lockout. However, there are a few ways a tenant might be able to delay or prevent the lockout:
1. Motion to Quash Service of Summons: If the tenant believes they were not properly served with the unlawful detainer complaint, they can file a motion to quash service of summons. If granted, this would effectively void the eviction proceedings, and the landlord would have to start over.
2. Motion to Set Aside Default Judgment: If the tenant did not respond to the unlawful detainer complaint in time and a default judgment was entered against them, they may be able to file a motion to set aside the default judgment if they have a valid reason for not responding (e.g., improper service, excusable neglect).
3. Appeal: If the tenant loses at trial, they may be able to appeal the judgment. An appeal could delay the lockout, but the tenant would likely need to post a bond to protect the landlord's interests during the appeal process.
It's important to note that these options are not guaranteed to stop a lockout and may require the assistance of an attorney. Additionally, if the tenant pursues any of these options in bad faith or without proper grounds, they could face sanctions or other penalties. Tenants facing eviction should seek the advice of a qualified attorney as soon as possible to discuss their options.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
