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[bjobjs]

In an unlawful detainer case in accordance with CCP § 367, every action must be prosecuted in the name of the real party in interest; CCP §1161(1) only proper plaintiff may bring the action and CC §2322 an agent cannot sue in their own name am I wrong in believing that a property manager who has no interest in the property is not allowed to sue as the plaintiff?

A demurrer was filed on these grounds and was denied where do you go from here?

Discovery is shortened in an unlawful detainer to 5 days to return responses. Two motions to compel answers to interrogatories were filed, two services, personal and by mail, were made on the opposing party and since the date of service it has been 28 days. The judge is not requiring the answers to be served until the court date. What can be done to push up the delivery date so a person can at least get the time to review them otherwise what is the purpose of interrogatories?

 

[fredrikklaw]

Has Civil Procedure Been Cancelled?

On the first point, you are not wrong! A property manager, or anyone else for that matter, who is not the real party in interest cannot sue as plaintiff if he has no "Standing." But I have a strong feeling that your demurrer was denied because the property manager has a written agreement with the landlord that includes an assignment of the right to repossess, which allows him to sue for possession in his own name without joining the owner.

His Honor sounds like he is a commissioner and not a full blown judge and very much like a commissioner-out-of-hell down here in San Diego who presides over unlawful detainer cases, and then some; has he not heard of a little something called the Code of Civil Procedure? In fact, the section of the code dealing with discovery which includes interrogatories is printed on the first page of the Form Interrogatories (DISC-001) and it is not up to him to pick and choose the date for return of interrogatories.

But I am absolutely astonished and flummoxed that not only was the defendant NOT dismissed from the court after causing two unopposed "Motions to Compel," he is also standing front and center and croaking "thou shall have my answer on the day of the trial and not a minute sooner."

What is this, The Twilight Zone?

Well, it sounds painfully clear that you are being stonewalled and pigeon-holed by both the plaintiff and his Honor which, if it is any consolation, happens frequently to pro se litigants all over California, forcing a very large number to simply cave in and submit to these bullying tactics. But you sound like one of the very few pro se litigants who are not easily frightened into submission and can stay your ground. So, here is how I would deal with such bullies.

Calendar an ex-parte motion to dismiss based on plaintiff's failure to answer interrogatories as well as an ex-parte motion (separate but together) for discovery sanctions against the plaintiff and his attorney, if he has one, and have a third motion/request at the ready. If as I expect you are given the same heave-ho nonsense as before, immediately file the third motion/request which would be for the judge to recues himself from the case because of extreme prejudice making your chances of a fair trial quite unlikely.

While you may once again be stonewalled for the 1st and the 2nd motion, there is no way that his Honor can contaminate the 3rd motion.

Good for you for standing your ground; you are a litigant after my own heart and have my respect.

All the best.

fredrikklaw

 

[bjobjs]

Thank you immensely for your help. As for the agreement there is a typed signature agreement but because of the plaintiff filing false documents I wouldn't have thought a type written signature would have much bearring.

And no this is a full blown judge, who has been one for 90 years. The town these proceedings are taking place in has two permanent judges and that is it. The other judge was recused already. How well is recusing another (in fact the only other one) going to go over?

As for standing my ground, this is a retaliatory ordeal and I did nothing wrong. I sued the manager back in August of last year for violation of CCP 1940.2 and judgment was entered in my favor. On September 1 the manager told me then I was going to be evicted. I was not behind in my rent but the owner told me because I sued the manager I would be out and I then received a 60 day. With the way the economy is now days I cant just up and move on a whim.

The manager has had my pickup towed out of my assigned spot AFTER she put sand in my oil, she has threatened my dogs life, recently she tried to run me down with her SUV. I would probably be better off moving but I simply can't afford to do it. I DID NOTHING WRONG!

I would like to get the case moved to the next city over where the main court for the county is. Do you have any suggestions on how I might go about this?

Once again thank you immensely for all of your help.

 

[bjobjs]

I remember reading somewhere that a property title that was in a TRUST had to be represented by an attorney. Am I right?