Messages

yeah, he posted that after I posted mine....hope everything is ok for him

I think I figured it out on my own anyway. Had a bit of help from a para-legal.

thanks!

due to a sunday & a holiday I apparently have a bit more time to file this so if you can help, it would be greatly appreciated.

HI soc, I was directed to you by a poster here.

I'm being evicted, however I was not given proper notice. I need to file a motion to quash service of summons but I'm not quite sure how to write it. It is for the State of California, Riverside County. I'm in urgent need of how to write this as I only just was notified and I have to get it filed on the 21st (I assume - the 5 day notice was apparently put on my door on the 16th)

Facts:

1. Due to a check I deposited bouncing in my account and my landlord not cashing my checks in a timely manner, two rent checks bounced so it put me two months behind. The owner's agent started eviction proceedings. She would not work with me, and refused to let me talk to the condo owner. Although I can pay.

2, The first 3 day notice was posted on my door on the 6th by the landlord's agent. It was not a court form, & according to the information I found, (Code of Civil Procedure Section 1161(2) )did not have the information necessary to be considered a legal document. It stated it was a 3 day notice to pay or quit, but stated they were refusing payment, and didn't give an address or anything showing who placed the notice.

3. On the 8th, I ended up in the hospital due to problems with my pregnancy. I wasn't released until the 18th. (am still on restrictive bed rest)

4. On or around the 9th (notice says it was posted on the 9th, but not mailed until the 10th), a new 3 day notice was posted to my door, this time by a lawyer for the landlord. I was in the hospital, so I never got the notice. My neighbor took it off my door to save from embarassment of the situation & left me a note to see him.

5. On or around the 16th, (going by the date on the paperwork) the summons was posted on my door, again the neighbor pulled it down.

6. The mailing address they sent everything to is incorrect. I was never given a key by the agent to the mailbox for the condo, I was told it was in use by the owner. I retained a local PO Box & gave the information to the agent.  

So I just get all of this paperwork tonight, as it is the first time I could see my neighbor.

Questions:

A) I assume I was not served correctly and can file for the motion to quash with the evidence I was in the hospital at the time of all postings. Correct?

B) Is the fact they are not using the correct mailing address also a factor?

C) Is the fact I received two 3 day notices, one not written correctly and one not served correctly, something that should be stated in the motion to quash?

D) Is a copy of the hospital bill showing the dates I was there good enough as evidence, for now?

E) Would it be a good idea to call the lawyer the landlord retained since the agent is being unreasonable and see if something can be worked out through him as far as getting the landlord the money he is owed & keeping my home?

F) As a last resort, can a medical condition (such as bedrest due to pregnancy problems) play a factor in if a judge will stay an eviction or not?

G) Can you give me an example of how I should write this motion?

thank you for your help.