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  1. #1

    Post Motion To Set Aside Dismissal in California

    HELP!!!!!!
    I rented my house out for about 2 months the tenants failed to pay rent, sub-leased a room in the house which is a breach of contract, had a cat which was not part of the lease agreement and not to mention my house was left in an unsanitary condition. I started the eviction process and they moved out before the eviction date. They never gave me the keys and didn't tell me they had moved out. So here's where I need help. My case was dismissed but I never received a court date to appear and also didn't finish filing all my paperwork. The last time I went to the clerks office she gave me paperwork to fill out to set for trial and the next thing I knew about a week and a half later when I went to file them she told me the case was dismissed. So she told me I would have to motion to set aside dismissal. Can somebody help me please. I've tried to research at the law library and look online but no luck. HELP!!!!!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Motion To Set Aside Dismissal in California

    The case was dismissed for what reason? Your failure to properly file the required documentation in a timely manner?

    Given that you apparently now have possession, what do you now hope to achieve? It may be cheaper and easier to pursue damages in small claims court, rather than trying to reopen the eviction case.

  3. #3

    Angry Re: Motion To Set Aside Dismissal in California

    Yes I believe because I didn't file the rq for trial in the time allowed. Apparently all cases are given a close date and if you don't finish your process by that date it becomes a closed file. First I want to collect un-paid rent and collect for damages. I had to replace my carpet because her pets (dog and cat) soiled the carpet. It was beyond steam cleaning and needed to be replaced for sanitary reasons. There's minor damages to the rest of the house chipped plaster and paint from walls. Oh and I can't forget about the lovely infestation. My house is infested with roaches. I treated it several times and still continue to do so(extermination). There are also fees that I would like to collect from all the notices, filing fees and bank fees I incurred because she bounced a few checks.

    Oh and when I asked the clerk of the court if I should just file a small claim she said I had to do it through the UD -Unlawful Detainer

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Motion To Set Aside Dismissal in California

    The clerk may be able to help you review a file from a prior case where a motion to reinstate was filed, so you can use the prior motion as a model for your own motion.

  5. #5

    Post Re: Motion To Set Aside Dismissal in California

    I don't think they would release that information to me. It's also in a different county, so I'll try calling to ask. thanks for the input

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Motion To Set Aside Dismissal in California

    With a few exceptions, court files are public records.

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