sandyclaus
Senior Member
What is the name of your state (only U.S. law)? CA - LA County
I filed a small claims case against my landlord back in January. Because I was unable to serve her in time, I had the case reset for an early April date. In addition to the small claims case, I also have a TEMPORARY Restraining Order in force against her (for harassment), she had filed an eviction against me that has since been dismissed, and she supposed to be re-filing against me (hasn't yet). The permanent restraining order hearing was continued because the issues have to do with the eviction situation, and the judge wants to hold off on granting a permanent restraining order if the situation can be resolved thru the eviction action yet to be filed.
I served the other party with papers on the small claims case just over 10 days before the scheduld hearing date. She has since requested a postponement for that case, and has given the reason that there is a pending eviction case to be handled first.
Issues on the small claims are also related to the tenancy, but I am suing for monetary damages for abuse of the right of entry (and trespassing), harassment, illegal eviction and use of self-help eviction actions (since the 1st eviction case was dismissed based on a faulty complaint), etc. While they are RELATED to the eviction, I know that the judge cannot consider monetary damages for me in that case, and will tell me that I have to file a separate action to recover those damages - which I already did in the small claims case. As such, I do not believe she is justified in requesting a postponement on that basis alone, and want to know if I can somehow object t prevent a rescheduled hearing date? I googled but can't seem to find anywhere that lists the proper procedure to do so if it can be objected to. Can anyone tell me the right way to file an objection to postponement with the court or if it can even done?
I filed a small claims case against my landlord back in January. Because I was unable to serve her in time, I had the case reset for an early April date. In addition to the small claims case, I also have a TEMPORARY Restraining Order in force against her (for harassment), she had filed an eviction against me that has since been dismissed, and she supposed to be re-filing against me (hasn't yet). The permanent restraining order hearing was continued because the issues have to do with the eviction situation, and the judge wants to hold off on granting a permanent restraining order if the situation can be resolved thru the eviction action yet to be filed.
I served the other party with papers on the small claims case just over 10 days before the scheduld hearing date. She has since requested a postponement for that case, and has given the reason that there is a pending eviction case to be handled first.
Issues on the small claims are also related to the tenancy, but I am suing for monetary damages for abuse of the right of entry (and trespassing), harassment, illegal eviction and use of self-help eviction actions (since the 1st eviction case was dismissed based on a faulty complaint), etc. While they are RELATED to the eviction, I know that the judge cannot consider monetary damages for me in that case, and will tell me that I have to file a separate action to recover those damages - which I already did in the small claims case. As such, I do not believe she is justified in requesting a postponement on that basis alone, and want to know if I can somehow object t prevent a rescheduled hearing date? I googled but can't seem to find anywhere that lists the proper procedure to do so if it can be objected to. Can anyone tell me the right way to file an objection to postponement with the court or if it can even done?