This form, Request/Counter-Request to Set Case for Trial - Unlawful Detainer, can be used to request or counter request an unlawful detainer case for trial. USLF control no. CA-UD-150.
A forcible entry and detainer is an action that a landlord, or new property owner can take if the existing occupant refuses to leave after appropriate notice. This occupant could be either a tenant or original owner of property that was sold at a foreclosure or trustee's sale. The laws governing forcible entry and detainer actions are different if the property is residential or non-residential.
The tenant/occupant must receive a written demand to vacate the property. The term of the period to vacate is dictated by the type of occupancy - whether commercial or residential and whether a tenant or a owner that was foreclosed on. This term normally is either 5 or 7 days, unless the contract states otherwise. After the 5-7 days expire and the tenant/occupant still refuse to leave then a complaint for a forcible detainer action can be filed. The statutes provide for a short notice period before a court hearing. The sole issue at the court hearing is whether or not the tenant/occupant has the right to possession. If they do not then they will be found guilty of a forcible entry and detainer.
Counter request to set a case for trial with the court refers to a formal application made by the opposing party in a legal dispute to challenge the request made by the plaintiff to set the case for trial. This counter request aims to present arguments and evidence supporting the postponement or dismissal of the trial, to seek alternative dispute resolution methods, or to address any procedural or jurisdictional issues. The types of counter requests to set a case for trial with the court may include: 1. Motion to Dismiss: This counter request is filed when the defending party believes that the plaintiff's claims are legally insufficient, lack merit, or fail to meet the necessary legal requirements for taking the case to trial. The defending party presents arguments demonstrating that the case should be dismissed entirely, avoiding the need for a trial. 2. Motion for Summary Judgment: In this counter request, the defendant asks the court to rule in their favor without proceeding to a full trial. The defendant submits evidence demonstrating that there are no genuine issues of material fact in the case, and the applicable law supports their position. Consequently, they seek a judgment in their favor. 3. Motion for Stay of Proceedings: If the defendant believes that there are ongoing negotiations, arbitration, or mediation processes that could potentially resolve the dispute outside the courtroom, they may file a counter request for a stay of proceedings. This motion requests that the court temporarily suspends the trial's scheduling while alternative dispute resolution options are explored. 4. Motion for Change of Venue: If the defendant argues that the current court's location is improper due to issues such as improper jurisdiction or inconvenience, they can file a counter request for a change of venue. This motion seeks to transfer the case to a more appropriate court that can address the dispute fairly and efficiently. Overall, a counter request to set a case for trial requires careful consideration, precise legal arguments, and supporting evidence. It serves as a strategic response by the defending party to challenge the need for a trial or seek alternate resolutions, all while complying with the applicable legal framework.