Q: can a novice handle the specifics of getting the court to vacate based on improper service and not a tenant
I am an unnamed defendant in a UD that default judgment was given due to improperly served, We never got the summons and a 60 day notice was posted without any reason or complaint as to why and due to property that is in an open probate case, owner ship and anthing else having to do with property is still undecided. A relative of my landlord filed to be Adminstrator despite her filing a Quit Claim Deed relinquishing rights and interest due to divorce proceeding and both will and trust intentionally state by decedant (by name) that they are to receive nothing and by challeging the will will automatically do that (unsureof verbiage). We don't have rental agreement or money paid for rent ever. I believe she left that QCD information purposely to get back at her brother or mother for not leaving her anything when she managed to leave her brother out of his fathers will by having it changed 2 weeks before passing. I lost much financially.
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- California
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A:
Under California law, handling the specifics of getting a court to vacate a default judgment based on improper service can be complex. As an unnamed defendant in an unlawful detainer (UD) case, you will need to gather evidence proving that you were never properly served with the summons. This typically involves demonstrating that the service did not comply with legal requirements, such as not being personally delivered or posted without due notice.
Given the involvement of probate issues, you will also need to highlight that property ownership is still under dispute. This could complicate matters, especially if there are no clear rental agreements or payments made for rent. The relative who filed to be the Administrator may have conflicting interests due to the Quit Claim Deed and the divorce proceedings, further adding to the complexity.
You might need to file a motion to set aside the default judgment, supported by affidavits and documentation regarding the improper service and the probate status. If the situation involves intricate legal nuances, consulting with an attorney experienced in real estate or probate law could be beneficial. Navigating this process on your own might be challenging due to the legal technicalities involved.
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