maidao2001
Member
When and how to answer Unlawful Detainer
What is the name of your state? CA
A friend of mine received a document called "restricted access to Unlawful Detainer file" in the mail from the court clerk - stating in bold "that it did not constitute service of summons and complaint" Being the named defendant, my friend got a copy of the complaint and summons from the clerk. The form is a required judicial form that can be found at:
Cal court form UD-100 http://www.courtinfo.ca.gov/forms/documents/ud100.pdf
PLAINTIFF=Family Trust (brother is trustee and beneficiary)
DEFENDANT=sister beneficiary.
The paragraphs with boxes checked and/or filled out are as following:
(not including paragraphs 1-4 or 19 otherwise all the rest are blank)
(6)[a]{1} = sufferance.
(7)[a]{2} & {1} = 2/7/2007
(8)[a]{3}=1/6/2007 & <b>
(11)= $50
(17)[a] & [f]=2/7/2007
(18)=2
Cal court form UD 105 http://www.courtinfo.ca.gov/forms/documents/ud105.pdf
My friend, sister of the trustee/brother lived with father, trustor until his death last year - rent free w board for housecleaning, care and companionship. She is not declared dependent adult, but should be, she cannot keep a job due to memory issues, so she has no income and has no assets. (I am helping her with this too) Trustee/brother has a lawyer - both have promised time and again to provide $$ for her to move but it always falls through when she finds a place, so she can't secure new housing. Several months ago trustee/brother entered the house when she was gone, demolished the kitchen to "remodel" and nailed the windows down to supposedly "secure" the place. She was sent anonymous e-mails about people who get trapped in fires because of nailed down windows, in an obvious attempt to scare her to leave. We tried to report the screws on the window to the fire marshal and protective services but they didn't care to write up a report. We removed the screws and changed the lock so trustee/brother couldn't enter without prior permission and do anymore damage. Her boyfriend and I have been paying her expenses. Trustee/brother has not contacted her once since to remodel the kitchen, so she can only microwave food and has to do dishes in the bathroom. All attempts to mediate or communicate with the trustee/brother or his attorney have been met with silence - until the notices.
Thank you in advance for your help.
What is the name of your state? CA
A friend of mine received a document called "restricted access to Unlawful Detainer file" in the mail from the court clerk - stating in bold "that it did not constitute service of summons and complaint" Being the named defendant, my friend got a copy of the complaint and summons from the clerk. The form is a required judicial form that can be found at:
Cal court form UD-100 http://www.courtinfo.ca.gov/forms/documents/ud100.pdf
PLAINTIFF=Family Trust (brother is trustee and beneficiary)
DEFENDANT=sister beneficiary.
The paragraphs with boxes checked and/or filled out are as following:
(not including paragraphs 1-4 or 19 otherwise all the rest are blank)
(6)[a]{1} = sufferance.
(7)[a]{2} & {1} = 2/7/2007
(8)[a]{3}=1/6/2007 & <b>
(11)= $50
(17)[a] & [f]=2/7/2007
(18)=2
- #1 Do we wait until the actual summons is served before answering?
- #2 How do we complete the Answer in part (2) and (3)or (4)? Are there other paragraph/ boxes that are appropriate to check off /complete for her situation? (described below)
Cal court form UD 105 http://www.courtinfo.ca.gov/forms/documents/ud105.pdf
My friend, sister of the trustee/brother lived with father, trustor until his death last year - rent free w board for housecleaning, care and companionship. She is not declared dependent adult, but should be, she cannot keep a job due to memory issues, so she has no income and has no assets. (I am helping her with this too) Trustee/brother has a lawyer - both have promised time and again to provide $$ for her to move but it always falls through when she finds a place, so she can't secure new housing. Several months ago trustee/brother entered the house when she was gone, demolished the kitchen to "remodel" and nailed the windows down to supposedly "secure" the place. She was sent anonymous e-mails about people who get trapped in fires because of nailed down windows, in an obvious attempt to scare her to leave. We tried to report the screws on the window to the fire marshal and protective services but they didn't care to write up a report. We removed the screws and changed the lock so trustee/brother couldn't enter without prior permission and do anymore damage. Her boyfriend and I have been paying her expenses. Trustee/brother has not contacted her once since to remodel the kitchen, so she can only microwave food and has to do dishes in the bathroom. All attempts to mediate or communicate with the trustee/brother or his attorney have been met with silence - until the notices.
Thank you in advance for your help.
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