Los Angeles, CA asked in Civil Litigation and Landlord - Tenant for California

Q: If you filed your answer to a unlawful detainer (CA) that means you’ve “appeared” and court has p.jurisdiction over you?

Weighing my options. Filed my answer and opposing party moved for summary judgement without proper notices, misconduct, misrepresented facts which led to opposing party summary judgment being granted. judgment was entered 90 days ago. Figuring Options for relief. Motion to set aside and vacate 473d? Appeal? I never appeared in the litigation besides my answer. I would need to provide documents showing opposing party lack standing and misrepresented facts.

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, filing an answer to an unlawful detainer complaint generally means that you have made an appearance in the case, and the court has personal jurisdiction over you. By filing an answer, you are acknowledging the lawsuit and responding to the allegations made against you.

Regarding your options for relief after a judgment has been entered against you:

1. Motion to Set Aside and Vacate (CCP 473(d)): You may file a motion to set aside and vacate the judgment under California Code of Civil Procedure 473(d) if the judgment is void due to lack of jurisdiction, improper service, or other reasons. However, this motion must be filed within a reasonable time after the judgment is entered, and you must provide evidence to support your claim.

2. Appeal: You may also consider appealing the judgment to a higher court. In California, an appeal of an unlawful detainer judgment must be filed within 30 days of the entry of judgment. However, filing an appeal does not automatically stay the eviction process, and you may need to request a stay of execution from the court.

To succeed in either option, you will need to provide supporting documents and evidence demonstrating the opposing party's lack of standing, misrepresented facts, and any other relevant information that supports your case.

Given the complexity of the situation and the strict timelines involved, it is highly recommended that you consult with an experienced landlord-tenant attorney in California who can review your case, advise you on the best course of action, and help you prepare the necessary documents and arguments.

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