imc indymedia

Los Angeles Indymedia : Activist News

white themeblack themered themetheme help
About Us Contact Us Calendar Publish RSS
latest news
best of news




A-Infos Radio

Indymedia On Air

Dope-X-Resistance-LA List


IMC Network:

Original Cities africa: ambazonia canarias estrecho / madiaq kenya nigeria south africa canada: hamilton london, ontario maritimes montreal ontario ottawa quebec thunder bay vancouver victoria windsor winnipeg east asia: burma jakarta japan korea manila qc europe: abruzzo alacant andorra antwerpen armenia athens austria barcelona belarus belgium belgrade bristol brussels bulgaria calabria croatia cyprus emilia-romagna estrecho / madiaq euskal herria galiza germany grenoble hungary ireland istanbul italy la plana liege liguria lille linksunten lombardia london madrid malta marseille nantes napoli netherlands nice northern england norway oost-vlaanderen paris/Île-de-france patras piemonte poland portugal roma romania russia saint-petersburg scotland sverige switzerland thessaloniki torun toscana toulouse ukraine united kingdom valencia latin america: argentina bolivia chiapas chile chile sur cmi brasil colombia ecuador mexico peru puerto rico qollasuyu rosario santiago tijuana uruguay valparaiso venezuela venezuela oceania: adelaide aotearoa brisbane burma darwin jakarta manila melbourne perth qc sydney south asia: india mumbai united states: arizona arkansas asheville atlanta austin baltimore big muddy binghamton boston buffalo charlottesville chicago cleveland colorado columbus dc hawaii houston hudson mohawk kansas city la madison maine miami michigan milwaukee minneapolis/st. paul new hampshire new jersey new mexico new orleans north carolina north texas nyc oklahoma philadelphia pittsburgh portland richmond rochester rogue valley saint louis san diego san francisco san francisco bay area santa barbara santa cruz, ca sarasota seattle tampa bay tennessee urbana-champaign vermont western mass worcester west asia: armenia beirut israel palestine process: fbi/legal updates mailing lists process & imc docs tech volunteer projects: print radio satellite tv video regions: oceania united states topics: biotech

Surviving Cities africa: canada: quebec east asia: japan europe: athens barcelona belgium bristol brussels cyprus germany grenoble ireland istanbul lille linksunten nantes netherlands norway portugal united kingdom latin america: argentina cmi brasil rosario oceania: aotearoa united states: austin big muddy binghamton boston chicago columbus la michigan nyc portland rochester saint louis san diego san francisco bay area santa cruz, ca tennessee urbana-champaign worcester west asia: palestine process: fbi/legal updates process & imc docs projects: radio satellite tv
printable version - js reader version - view hidden posts - tags and related articles

The UD Shuffle | RSVP

by Dave Crow Sunday, Oct. 04, 2009 at 7:20 AM

When your landlord invites you to do the UD shuffle, like any polite invitee, you must respond. Unfortunately you cannot just tell the court that you are not planning to attend. Nor can you just ignore the invitation.

When your landlord invites you to do the UD shuffle, like any polite invitee, you must respond. Unfortunately you cannot just tell the court that you are not planning to attend. Nor can you just ignore the invitation. The landlord will respond like a jilted lover and exact revenge. A failure to respond in the required amount of time will give the landlord the opportunity to ask a court to enter a default. The court almost always will default you if the landlord provides documentation that you were served and had an opportunity to respond. In San Francisco, the sheriff could be knocking at your door in a couple of weeks. Stick a fork in it, you’re done. You’re out on the street.
Unless you have a damned good reason for your failure to respond, which I will cover later, it is very, very difficult to overturn (vacate or set aside in legalese) a default. So don’t default.
You have five days to respond, in writing, to a complaint in unlawful detainer. Don’t call the landlord. Don’t call the landlord’s attorney. Respond to the complaint at the court, in writing. Do Saturday and Sunday count? YES! You start counting your five days the day after you have been served with the summons and complaint. So if you are served on a Friday, you must respond on Wednesday. A disproportionate amount of complaints are served on Fridays because tenants only have three business days to figure things out, i.e. calling lawyers, finding self-help centers, and researching how to defend themselves. The only time you may get more days, is if the last day you could respond falls on a court holiday. That is not to be confused with Ferris Bueller’s Day Off. Check the court schedule online.
You must be personally served.
That is, a person who is not a party to the lawsuit, not the landlord, must hand you the summons and complaint. Don’t try to get cute and refuse to take a summons meant for you. If the process server can identify you and declare that he attempted to give you the papers, you have been served. In California the landlord can post the summons and complaint on your door along with mailing it to you, but only if he gets a court order. He can only get a court order if his server declares that he tried to serve you personally with due diligence. Usually, around three tries is enough. Okay, you have a UD summons and complaint in your hand, what do you do?
Get advice from people who know landlord tenant law.
Note, I didn’t say lawyers. Not all lawyers are familiar with landlord tenant law. Frankly, I love it when a landlord is represented by his brother-in-law, who may be a crackerjack estate lawyer, but who doesn’t know diddly-dick about a three-day notice. But also note that I didn’t suggest your friends who heard a story from their friends. I can’t tell you how many times I have spoken to tenants who have some preposterous assumption about UD. Inevitably they tell me “I heard that (for example) I can stay in my apartment for months before my landlord can evict me.” Not true, most of the time. “I heard that…” Three words that will get usually guarantee that you’ll be out on your ass. I heard that President Obama was born in Kenya. Get my drift?
In the Bay Area we are very lucky. There are numerous agencies and generous tenant lawyers to whom tenants can turn. The Eviction Defense Collaborative is the best San Francisco resource to help you write a response to an unlawful detainer. There are many other agencies who provide similar services in Oakland and Berkeley. Check out our links here. You can get solid advice about your notice and your complaint at the San Francisco Tenants Union, but they will send you to the EDC to write your response. The TU can also provide you a list of their approved tenant lawyers. Crow & Rose is proud to be included on that list. If you don’t live in the Bay Area, search online for “eviction defense” or “eviction help” to find an agency or lawyer to look over your documents. Also go to Caltenantlaw's list of tenant lawyers in California to get a comprehensive list of tenant advocates. It is worth paying to have a tenant lawyer look over your complaint and notice to quit because they are trained to find subtle flaws that might enable you to get the case tossed before you have to answer.
Pre-answer motions
Someone who really understands landlord tenant law will carefully scrutinize the complaint; the notice to quit, which should be attached to the complaint in California; and your lease, if it is attached. The lease must be attached if you are being accused of violating a covenant of the lease. In California, a document supporting the complaint is considered to be part of the complaint. Therefore, if there are inconsistencies between the attached documents and the complaint it may be able to be challenged in a motion called a demurrer. That’s French for WTF? No, it's really just an objection to the pleadings, the papers filed in the case.
There a quite a few requirements for a notice to quit to be “sufficient.” For example, in California a landlord can only demand rent in a 3-Day Notice to Pay or Quit. If he asks for late fees or utility bills, the notice can be defective and the case can get tossed. In San Francisco and other rent-controlled jurisdictions there are often very strict notice requirements that a notice contain certain information above and beyond state requirements. There are magic words! I will not reveal them here in case landlords read this. But really, there are magic words depending on what kind of notice you receive in San Francisco. If the landlord doesn’t include them in the notice, the whole complaint is defective and can be tossed.

We love cases with defective notices. Demurrers have longer timing requirements to be heard. When we file them we extend the UD process by up to an extra month, giving us time to negotiate and to do things like depose the landlord before we even answer. Finally, it’s great fun winning them in a hearing; getting the case tossed and in some cases being able to collect exorbitant fees from errant landlords.
There are various other pre-answer motions that are possible. Another is a motion to strike. When a complaint does not, for some reason comply with the law, all or part of it can be thrown out. I have had a couple of case where the attorneys who drafted and signed the complaints were not licensed to practice law. When I see a complaint that wrong, my fangs pop out, dripping with venom, ready to strike.
The answer
If you cannot find a mistake on the face of the complaint, you file an answer. This is where you deny the allegations in the complaint and you state your defenses, your reasons why you didn't pay, etc. Note that there are various affirmative defenses. This is where, for example, you say that you didn’t owe rent the landlord demanded because there were breaches in the warranty of habitability. This is where you claim that the landlord violated the Rent Ordinance or that he discriminated against you in some manner. Again, you must be very thorough because there are some defenses that you can waive (lose forever) if you don’t mention them when you answer.

Like I told you, eviction defense is complicated. Many tenants think that once they’ve answered, they can wait until a settlement conference to make their case. Not true. Look what it takes just to RSVP for the UD Shuffle!
Report this post as:

Local News


lausd whistle blower A10 11:58PM

Website Upgrade A10 3:02AM

Help KCET and UCLA identify 60s-70s Chicano images A04 1:02PM

UCLA Luskin: Casting Youth Justice in a Different Light A02 11:58AM

Change Links April 2018 A01 11:27AM

Nuclear Shutdown News March 2018 M31 6:57PM

Join The Protest Rally in Glendale on April 10, 2018! M29 7:00PM

Join The Protest Rally in Glendale on April 10, 2018! M29 6:38PM

Spring 2018 National Immigrant Solidarity Network News Alert! M19 2:02PM

Anti-Eviction Mapping Project Shows Shocking Eviction Trends in L.A. M16 5:40PM

Steve Mnuchin video at UCLA released M15 12:34AM

Actress and Philanthropist Tanna Frederick Hosts Project Save Our Surf Beach Clean Ups M06 12:10PM

After Being Told He's 'Full of Sh*t' at School Event, Mnuchin Demands UCLA Suppress Video M02 11:44AM

Resolution of the Rent Strike in Boyle Heights M01 6:28PM

What Big Brother Knows About You and What You Can Do About It M01 3:30PM

Step Up As LAPD Chief Charlie Beck Steps Down F14 2:44PM

Our House Grief Support Center Hosts 9th Annual Run For Hope, April 29 F13 12:51PM

Don’t let this LA County Probation Department overhaul proposal sit on the shelf F13 11:04AM

Echo Park Residents Sue LA Over Controversial Development F12 8:51AM

Former Signal Hill police officer pleads guilty in road-rage incident in Irvine F09 10:25PM

Calif. Police Accused of 'Collusion' With Neo-Nazis After Release of Court Documents F09 7:14PM

Center for the Study of Political Graphics exhibit on Police Abuse posters F07 9:50AM

City Agrees to Settle Lawsuit Claiming Pasadena Police Officer Had His Sister Falsely Arre F04 3:17PM

Professor's Study Highlights Health Risks of Urban Oil Drilling F04 12:42PM

Claims paid involving Pasadena Police Department 2014 to present F04 10:52AM

Pasadenans - get your license plate reader records from police F03 11:11PM

LA Times Homicide Report F03 1:57PM

More Local News...

Other/Breaking News

What does the Quran Say About Islamic Dress?? A21 4:15PM

Biodiversité ou la nature privatisée A20 11:22AM

The Market is a Universal Totalitarian Religion A20 7:14AM

Book Available about Hispanics and US Civil War by National Park Service A19 5:52PM

The Shortwave Report 04/20/18 Listen Globally! A19 4:01PM

The Republican 'Prolife' Party Is the Party of War, Execution, and Bear Cub Murder A19 11:48AM

Neurogenèse involutive A18 9:21AM

Paraphysique de la dictature étatique A16 10:13AM

Book Review: "The New Bonapartists" A16 3:45AM

The West Must Take the First Steps to Russia A14 12:25PM

Théorie générale de la révolution ou hommage à feu Mikhaïl Bakounine A14 3:30AM

The Shortwave Report 04/13/18 Listen Globally! A12 3:50PM

“Lost in a Dream” Singing Competition Winner to Be Chosen on April 15 for ,000 Prize! A12 3:48PM

The World Dependent on Central Banks A12 4:43AM

Ohio Governor Race: Dennis Kucinich & Richard Cordray Run Against Mike DeWine A11 9:40PM

March 2018 Honduras Coup Again Update A10 10:52PM

Apologie du zadisme insurrectionnel A10 3:33PM

ICE contract with license plate reader company A10 1:14PM

Palimpseste sisyphéen A09 11:23PM

Black Portraiture(S) IV: The Color of Silence...Cuba No...Cambridge Yes A09 5:32AM

Prohibiting Micro-Second Betting on the Exchanges A09 4:18AM

Prosecutors treat Muslims harsher than non-Muslims for the same crimes A08 10:33PM

Amy Goodman interview on cell phone safety A08 10:29PM

Mesa, Arizona police officer kills unarmed white man A08 9:50PM

Israeli leaders should be prosecuted for war crimes A08 9:48PM

Paraphysique de l'autorité A08 12:11AM

Two Podcasts on fbi corruption A06 10:13PM

Fbi assassins assault & try to kill DAVID ATKINS A06 7:29PM

More Breaking News...
© 2000-2018 Los Angeles Independent Media Center. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by the Los Angeles Independent Media Center. Running sf-active v0.9.4 Disclaimer | Privacy