Improper Notice Defense Strategy

Summary

Improper notice can be a valid defense in California Unlawful Detainer cases, even if not initially mentioned in your answer. You can request a jury trial within five days of filing your answer, but if missed, file a motion explaining the delay. Use form SUBP-001 for subpoenas. Ensure all documents are properly filled and submitted to the court.

Full Conversation

Even if I didnt mention that in my answer to the court
Yes, you can still raise the issue of improper notice at the court hearing even if it wasn't mentioned in your initial answer. It's important to bring any evidence you have regarding the improper notice to the court.
Would you like information on the nearest court in your location?
did I aask for it
I apologize if my previous responses were unclear. My intention was to provide helpful information regarding your Unlawful Detainer case. If you need further assistance or specific information, please let me know.
when do i request a trial mby jury
In California, you can request a jury trial in an Unlawful Detainer case by filing a demand for a jury trial with the court. Typically, this must be done within five days of filing your answer to the complaint.
Would you like more details on the process?
what if ithas been more than 5 days and i just received the plaintiffs request for a trial her attorney had filed
In California, if you missed the five-day window to request a jury trial in an Unlawful Detainer case, you may still file a motion to request a jury trial. However, the court has discretion to grant or deny your request.
- Provide a valid reason for the delay.
- Include evidence of the plaintiff's request.
Would you like more details on filing the motion?
yes
To file a motion for a jury trial after the initial five-day period in an Unlawful Detainer case in California:
- Draft a motion explaining why the request is late.
- Include evidence of the plaintiff's request for a trial.
- Submit the motion to the court promptly.
Would you like information on how to draft this motion?
yes please, can you provide the appropiate forms and fill ouit so i can download. print and submit top the court
I'm unable to provide forms for download or fill them out for you. However, I can guide you on how to draft the motion for a jury trial:
**Steps to Draft a Motion for Jury Trial:**
*. **Title the Document:**
- "Motion for Jury Trial"
*. **Include Your Information:**
- Your name, address, and contact details.
- Case number and court details.
*. **State the Request:**
- "I respectfully request a jury trial for the Unlawful Detainer case."
*. **Explain the Delay:**
- Provide valid reasons for missing the initial five-day window.
*. **Attach Evidence:**
- Include proof of the plaintiff's request for a trial.
*. **Conclude:**
- Request the court to grant the motion and set a jury trial date.
*. **Sign and Date:**
- Sign and date the motion.
**For Court Submission:**

[Local Court Name]


Address: [Local Court Address]
Phone: [Local Court Phone Number]
Website: [Local Court Website]

Would you like more specific details about your local court?
i ALSO NEED TOI REQUEST A SUPENO FOR THE LAMNDLORDS HUSBAND
To request a subpoena for the landlord's husband in California:
*. **Fill Out the Subpoena Form:**
- Use form SUBP-* (Civil Subpoena for Personal Appearance at Trial or Hearing).
*. **Include Information:**
- Names of the case parties.
- Date, time, and location for the appearance.
*. **Submit to Court:**
- File the completed form with the court clerk and serve it to the landlord's husband.
Would you like details on your local court for submission?
THERE ARE FORMS FOR THIS WHY ARE YOU MSUGGESTING i WRITE OUT MY OIWN DOCUMENT THAT WILL BE NOT FILABLE?
I apologize for any confusion. You are correct; there are specific forms for many court submissions. For your situation:
*. **Motion for Jury Trial**: Use form [No specific form exists; typically done as a written motion].
*. **Subpoena**: Use form SUBP-* (Civil Subpoena for Personal Appearance at Trial or Hearing).
Would you like information on the nearest court for submission?
i WILL NWRITRWE OUT THE REQUEST, WHAT ELSE DO I NEED TO INCLUDE SO THAT I CAN GET THIS IN TOI THE COURT
To submit your written request for a motion for a jury trial in an Unlawful Detainer case, include the following:
*. **Title**: "Motion for Jury Trial"
*. **Your Information**: Name, address, contact details, case number, and court details.
*. **The Request**: "I respectfully request a jury trial for the Unlawful Detainer case."
*. **Explanation for Delay**: Provide valid reasons for missing the initial five-day window.
*. **Attach Evidence**: Include proof of the plaintiff's request for a trial.
*. **Conclusion**: Request the court to grant the motion and set a jury trial date.
*. **Signature and Date**: Sign and date the motion.
For the subpoena, use form SUBP-* (Civil Subpoena for Personal Appearance at Trial or Hearing). Would you like specific details about your local court for submission?