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To respond to the eviction case, you start with filling out an Answer or other response forms. Then, you file them with the court. This gives you the chance to tell the judge if there are any legal reasons your landlord can't evict you and tell your side of the story at a court trial.
If the landlord wins, she gains possession of the premises and the tenant must leave. If the tenant wins, she is allowed to stay in the unit and pay rent.
You must fill out an Answer, serve the plaintiff, and file your Answer form with the court. Generally, this is due within 30 days after you were served. If you don't, the plaintiff can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.
The ex parte application should include: A request that default and the default judgment be vacated. A request for dismissal with prejudice. A request for the court to order that the tenant's record in the Unlawful Detainer action be masked from public viewing pursuant to Code of Civil Procedure section 1161.2.
After the tenant files the ?Answer,? either the landlord or the tenant can request a court date. After the request, the court will set a court date and send a notice to the parties. Please see our referral list for legal assistance or representation on your eviction matter.