Q: CA- how to request case dismissal with prejudice against plaintiff due to flawed 3 day notice? Can I amend answer to UD
CA-Received flawed 3 day notice (other tenant/m girlfriend) not named ,rent amt incorrect + late fee and utilities listed. I filed answer to UD but want to amend. Can I, if done within 10 days? Which forms to use, how to cite the flawed notice to get judge to dismiss? Should I still file answer to UD in case judge doesn't agree? Need to know specifics please?
A:
If you do not have the funds to pay all rent due, you're essentially whistling past the graveyard. Though an incorrect Three-Day Notice, etc., may delay your eviction, it will not stop it: You are only buying time.
Plus, to the extent that your Agreement with the Landlord contains an attorney's fee clause, you're just running up your Landlord's fees, which will be added to the money Judgment against you.
I suggest you point out to the Landlord the errors in his case, the delays his errors will cause on the U.D. case, the added time and expense to him, and then try to negotiate a Move-Out date or a payment plan for past-due rent, with you staying in the rental.
Since you did file an Answer, you're most likely safe from Default.
However, once again, sooner or later you will be evicted if you cannot pay rent.
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