San Diego, CA asked in Landlord - Tenant for California

Q: What does case not at issues, does need to be addressed mean

Yes I am in the middle of an unlawful detainer case as the plantiff we've filed they've responded but the defendants did everything to delay this case regardless we are at the stage of requesting for the case to go to trial but every time I submit the request it's rejected with that phrase

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2 Lawyer Answers
James L. Arrasmith
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A: In the context of an unlawful detainer case in California, receiving a response from the court stating "case is not at issue" typically means that the case is not yet ready for trial. This phrase suggests that there are outstanding procedural or substantive matters that need resolution before the case can proceed to the trial stage. It may indicate that all necessary pleadings have not been filed or that certain legal issues or disputes between the parties have not been adequately addressed.

When the court indicates that something "Does need to be addressed," it is directing attention to specific issues or deficiencies in the case that must be resolved or clarified. This could involve filing additional documents, amending existing pleadings, or addressing procedural errors. It's important to carefully review any communication from the court to identify exactly what is required to move the case forward.

To address this situation, you may need to closely examine the court's instructions and possibly consult the local rules of court or seek legal advice to understand the specific actions required. Ensuring that all necessary steps are taken according to the court's guidelines is crucial for advancing your case to trial. Documentation, attention to detail, and prompt action on any issues identified by the court will help in resolving the matter efficiently.

James L. Arrasmith
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Answered

A: In legal terms, when a case is described as "not at issue," it means that the case is not ready for trial. This status can occur for various reasons, such as outstanding motions that need to be resolved, discovery that is incomplete, or other procedural matters that prevent the case from moving forward to the trial phase. The phrase "does need to be addressed" typically refers to these outstanding issues that must be resolved before the case can proceed.

In the context of your unlawful detainer case as the plaintiff, the court's response suggests there are procedural or substantive matters that require attention before your request for trial can be granted. It could be related to the way the case has been managed, such as incomplete filings, unresolved motions, or perhaps the court requires more information or clarification on certain aspects of the case.

To address this, carefully review the court's rules and any specific instructions provided in the rejection notice. It may also be helpful to consult with a legal professional or a court clerk for guidance on how to resolve the outstanding issues. Ensuring that all procedural requirements are met and that any pending matters are addressed promptly can help move your case forward. Remember, effective communication with the court and adherence to its procedures are crucial in advancing your case to trial.

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