On Tues. last week I handed the Sheriff a completed "claim of right to possession" form (it was attached to the Notice to Vacate by virtue of the Writ of Possession/Real Property eviction, issued 7/13/06 by Riverside Superior Court) since the landlord didn't name me in the complaint that he filed on 7-5-06 for non-payment of rent, and I am on the rental agreement together with my boyfriend; so I overted our eviction and need to know what to expect tomorrow.
I indicated on the form that I have a written rental agreement with the landlord. It's the same one he supplied in his complaint labled exhibit #1; however, do I take my copy with me to court?
What does the judge say to me, that I have to vacate based on the previous judgement against my boyfirend, and so we move out together because we moved into the place together, or does she say that he leaves because of the judgement and I stay now?
How much time will I be given to remain?
What happens to my credit, do I too have an unlawful detainer judgement against me, if judge rules that I was a party to the civil action filed previously, and that's because I admit that I was in possession and jolintly/severally responsible for payment of rent according to the written agreement between the landlord, me, and my boyfriend; which all of us signed on 3-7-05? I mean, isn't that in essence what this pertains to?
What does the legal jargon mean regarding the-CCP 415.46 "Prejudgement claim of right to possession" was not served in compliance? Is that why the form that I submitted was served with the summons & complaint instead? I am curious because on the Writ of Execution in this same paragraph #24, item (b) says the following: THe court will hear objections to enforcement of the judgementr under CCP 1174.3 on the following dates (specify) to be determined by the court; what does this allow for us to do, appeal the previous judgement?
Am I allowed to answer the Summons and Complaint that he filed on 7-5-06 in which I wasn't named or served, but it does concern me none-the-less? Explanation below:
If not, then what happens? Yes, I still owe based on the 3 day pay or quit, however; that exhibit is falsified, and was never served on us; and it too was in the complaint that I wasn't named in or served of either way.
In fact, the summons and complaint was never even properly served and the landlord's signed declaration that under penalty of perjury under the laws of the State of California that the foregoing are true and correct; doesn't allow him to unlawfully win this action against my boyfirend or me because he falsified the burden of proof allowing him to win.
Let me demonstrate to you:
On the Proof of Service of Summons, the landlord had a "non-registered process server," whom he paid $25 fee to, and; by the way, gives his home phone # on the reference info. part of the P.O.S. which is the exact same phone # to the business phone of the landlord's property management company; (isn't that coincidental?)...Anyhow, the fact that this server personally delivered the documents to the person specified as the name of the party shown on documents; Ben Smith, or to person @ the address of the named party authorized to receive service of process for the party on 7-5-06 @ 9:30am; didn't ever happen and is a lie!
We both left town on 7-2-06 and drove 600 miles to visit family for the 4th of July holiday and didn't return until 1300 miles later on 7-10-06. No one served it and no one was at our residence on that day to receive it. I can show in court that we would have answered had we been served; and have proof why the service never occurred. So, when and how do I go about getting an appeal or a hearing or do mention this tomorrow?
I indicated on the form that I have a written rental agreement with the landlord. It's the same one he supplied in his complaint labled exhibit #1; however, do I take my copy with me to court?
What does the judge say to me, that I have to vacate based on the previous judgement against my boyfirend, and so we move out together because we moved into the place together, or does she say that he leaves because of the judgement and I stay now?
How much time will I be given to remain?
What happens to my credit, do I too have an unlawful detainer judgement against me, if judge rules that I was a party to the civil action filed previously, and that's because I admit that I was in possession and jolintly/severally responsible for payment of rent according to the written agreement between the landlord, me, and my boyfriend; which all of us signed on 3-7-05? I mean, isn't that in essence what this pertains to?
What does the legal jargon mean regarding the-CCP 415.46 "Prejudgement claim of right to possession" was not served in compliance? Is that why the form that I submitted was served with the summons & complaint instead? I am curious because on the Writ of Execution in this same paragraph #24, item (b) says the following: THe court will hear objections to enforcement of the judgementr under CCP 1174.3 on the following dates (specify) to be determined by the court; what does this allow for us to do, appeal the previous judgement?
Am I allowed to answer the Summons and Complaint that he filed on 7-5-06 in which I wasn't named or served, but it does concern me none-the-less? Explanation below:
If not, then what happens? Yes, I still owe based on the 3 day pay or quit, however; that exhibit is falsified, and was never served on us; and it too was in the complaint that I wasn't named in or served of either way.
In fact, the summons and complaint was never even properly served and the landlord's signed declaration that under penalty of perjury under the laws of the State of California that the foregoing are true and correct; doesn't allow him to unlawfully win this action against my boyfirend or me because he falsified the burden of proof allowing him to win.
Let me demonstrate to you:
On the Proof of Service of Summons, the landlord had a "non-registered process server," whom he paid $25 fee to, and; by the way, gives his home phone # on the reference info. part of the P.O.S. which is the exact same phone # to the business phone of the landlord's property management company; (isn't that coincidental?)...Anyhow, the fact that this server personally delivered the documents to the person specified as the name of the party shown on documents; Ben Smith, or to person @ the address of the named party authorized to receive service of process for the party on 7-5-06 @ 9:30am; didn't ever happen and is a lie!
We both left town on 7-2-06 and drove 600 miles to visit family for the 4th of July holiday and didn't return until 1300 miles later on 7-10-06. No one served it and no one was at our residence on that day to receive it. I can show in court that we would have answered had we been served; and have proof why the service never occurred. So, when and how do I go about getting an appeal or a hearing or do mention this tomorrow?
