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.
Costa Mesa California Request /Counter Request to Set Case for Trial — UnlawfuDetaineder is a legal process whereby a landlord seeks to regain possession of their rental property from a tenant who is occupying it unlawfully or has violated the terms of their lease agreement. In Costa Mesa, California, specific procedures are followed when filing a request or counter-request to set the case for trial. The first step in the process is to file a request to set the case for trial with the appropriate court. This request outlines the details of the unlawful detained case, including the parties involved, the rental property address, and the reasons for seeking possession. It is important to include all relevant information and supporting documents to strengthen your case. In Costa Mesa, California, there are several types of requests or counter-requests that can be filed to set the case for trial in an unlawful detained situation. These may include: 1. Request for Trial Setting: This is the initial request filed by the landlord to schedule a trial date. It includes all the necessary information and supporting evidence. 2. Counter-Request for Trial Setting: If the tenant wishes to contest the eviction, they can file a counter-request. This document would present their defense and reasons for opposing the eviction. 3. Emergency Request for Trial Setting: In certain urgent or exceptional circumstances, either the landlord or the tenant may file an emergency request to expedite the trial process. This type of request requires a compelling reason and supporting evidence to justify the need for immediate court intervention. 4. Request for Continuance: If either party needs to reschedule a trial date, they can file a request for continuance. This may be due to personal reasons, unavailability of witnesses, or delays in gathering evidence. 5. Request for Summary Judgment: If either party believes that there are no genuine issues of material fact, they can file a request for summary judgment. This requires demonstrating that the evidence, when viewed in the light most favorable to the non-moving party, does not present a sufficient basis for trial. It is essential to ensure that all requests and counter-requests are filed correctly and within the specified timelines to avoid any complications in the legal process. Seeking professional legal advice is highly recommended navigating the complex procedures involved in a Costa Mesa California Request / Counter Request to Set Case for Trial — UnlawfuDetaineder.
