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  1. #1
    Join Date
    Feb 2014
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    3

    Default Evicted for Failure to Appear in Court After My Car Broke Down

    My question involves an eviction in the state of: CA

    On my way to court the other day for an unlawful detainer, my car broke down. I notified my lawyer immediately and continued to call for 45 minutes but he didn't call me back until 5 minutes before court asking where I was. I explained my car broke down and me and my witness were both stranded and were waiting on a tow truck. I had already started making calls to get a ride there but they were all denied. Supposedly judge denied a continuance or even a delay an hour until I could get there to represent the evidence and my side (carbon monoxide poisoning, retaliation, threats, illegal eviction and the list goes on). Again I had all the evidence with me (lawyer did not obviously due his job since he had nothing to present on his side because I did all the work and research). Lawyer said that even though I was about to come in a cab it would have been too late (I live 35 minutes away from the court house) and lawyer would have to proceed without me. Because I was not there and it turns out my lawyer was a poor representation of me considering he wouldn't even get together with me ahead of time to review all the evidence (texts, emails, notes, pictures, letters from city stating the hazard, etc) I ended up losing.

    Should the judge have granted me a continuance for unforseen event since I am stranded and trying to find a way to get there? Absence of party (me), absence of key witness - Person who was driving me was a key witness because he was present through all harassment as well as schooled in HVAC (since this was about unhabitablity due to faulty heater giving off carbon monoxide), and missing key evidence (documents, pictures, reports).

    I feel I really got screwed and not sure if I can use any of these grounds to set in motion a retrial? I feel like the judge denied my rights to a fair hearing/trial but maybe I'm wrong.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Should Judge Have Granted a Coninuance

    Whether you are wrong or not depends on the grounds for the eviction.

    What did the eviction papers say?

    And, please, not your opinion of the validity of the eviction papers, just a word for word quote from them.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Evicted for Failure to Appear in Court After My Car Broke Down

    It sounds like the case was decided based on a motion hearing, as opposed to a trial. Trials don't end that quickly, and your lawyer would need witnesses at a trial to admit much of your evidence. The parties don't need to be present for a motion hearing, unless the court has ordered an evidentiary hearing where their testimony is required.

    You should discuss possible remedies with your lawyer, who was there and knows what happened.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Evicted for Failure to Appear in Court After My Car Broke Down

    You should ask your lawyer. We can only guess what happened in court. My guess is that there was sufficient evidence for the landlord to move for and obtain a summary judgment. In many of the counties, if you withheld rent (and that is not contested) regardless of what complaints you have against the landlord, that's all they need for such a judgement.

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Evicted for Failure to Appear in Court After My Car Broke Down

    Quote Quoting flyingron
    View Post
    You should ask your lawyer. We can only guess what happened in court. My guess is that there was sufficient evidence for the landlord to move for and obtain a summary judgment. In many of the counties, if you withheld rent (and that is not contested) regardless of what complaints you have against the landlord, that's all they need for such a judgement.
    Hence my question about the grounds for eviction.

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