This form, Request/Counter-Request to Set Case for Trial - Unlawful Detainer, can be used to request or counter request an unlawful detainer case for trial. USLF control no. CA-UD-150.
A forcible entry and detainer is an action that a landlord, or new property owner can take if the existing occupant refuses to leave after appropriate notice. This occupant could be either a tenant or original owner of property that was sold at a foreclosure or trustee's sale. The laws governing forcible entry and detainer actions are different if the property is residential or non-residential.
The tenant/occupant must receive a written demand to vacate the property. The term of the period to vacate is dictated by the type of occupancy - whether commercial or residential and whether a tenant or a owner that was foreclosed on. This term normally is either 5 or 7 days, unless the contract states otherwise. After the 5-7 days expire and the tenant/occupant still refuse to leave then a complaint for a forcible detainer action can be filed. The statutes provide for a short notice period before a court hearing. The sole issue at the court hearing is whether or not the tenant/occupant has the right to possession. If they do not then they will be found guilty of a forcible entry and detainer.
Title: San Diego, California Request / Counter Request to Set Case for Trial — UnlawfuDetaineder: A Detailed Description Introduction: In San Diego, California, when facing an Unlawful Detained case, tenants and landlords have the option to request or counter request to set the case for trial. This article will provide a comprehensive breakdown of the process, including relevant information and types of such requests available in San Diego. Keywords: San Diego, California, request, counter request, set case for trial, Unlawful Detained 1. Understanding the Unlawful Detained Process: Unlawful Detained refers to a legal process initiated by a landlord to evict a tenant due to lease violations or non-payment of rent. It is important to understand the steps involved in an Unlawful Detained case before proceeding to a trial request or counter request. 2. Request to Set Case for Trial — UnlawfuDetaineder: A request to set a case for trial is typically submitted by the plaintiff (landlord) or the defendant (tenant). This request indicates a desire to have the Unlawful Detained case heard in court. San Diego, being subject to California law, follows the proper legal procedures for such requests. 3. Counter Request to Set Case for Trial — UnlawfuDetaineder: A counter request to set a case for trial provides the defendant (tenant) with the opportunity to challenge the grounds of the eviction and poses a defense to the Unlawful Detained claim. It requests the court to hear both sides of the case and make a fair ruling. 4. Types of Requests and Counter Requests: a. Request for Jury Trial: This type of request is made by either the plaintiff or the defendant to have a jury decide the outcome of the Unlawful Detained case. It allows both parties to present their arguments and evidence before a jury panel. b. Counter Request for Mediation or Settlement Conference: In San Diego, parties involved in an Unlawful Detained case can counter request for mediation or a settlement conference. This request aims to resolve the dispute without proceeding to trial, often with the help of a neutral third-party mediator. c. Request for Continuance: A request for continuance may be made by either party when additional time is needed to prepare for trial or when unforeseen circumstances arise. This type of request seeks to postpone the trial date to a later time. d. Request for Dismissal: In some cases, the plaintiff or the defendant may request the dismissal of the Unlawful Detained case. This request can be made if the parties reach an agreement or if circumstances change, rendering the eviction unnecessary. Conclusion: When involved in an Unlawful Detained case in San Diego, California, both landlords and tenants have the option to request or counter request to set the case for trial. Understanding the different types of requests available, such as a jury trial, mediation, continuance, or dismissal, can help navigate the legal process effectively and seek a fair resolution.Title: San Diego, California Request / Counter Request to Set Case for Trial — UnlawfuDetaineder: A Detailed Description Introduction: In San Diego, California, when facing an Unlawful Detained case, tenants and landlords have the option to request or counter request to set the case for trial. This article will provide a comprehensive breakdown of the process, including relevant information and types of such requests available in San Diego. Keywords: San Diego, California, request, counter request, set case for trial, Unlawful Detained 1. Understanding the Unlawful Detained Process: Unlawful Detained refers to a legal process initiated by a landlord to evict a tenant due to lease violations or non-payment of rent. It is important to understand the steps involved in an Unlawful Detained case before proceeding to a trial request or counter request. 2. Request to Set Case for Trial — UnlawfuDetaineder: A request to set a case for trial is typically submitted by the plaintiff (landlord) or the defendant (tenant). This request indicates a desire to have the Unlawful Detained case heard in court. San Diego, being subject to California law, follows the proper legal procedures for such requests. 3. Counter Request to Set Case for Trial — UnlawfuDetaineder: A counter request to set a case for trial provides the defendant (tenant) with the opportunity to challenge the grounds of the eviction and poses a defense to the Unlawful Detained claim. It requests the court to hear both sides of the case and make a fair ruling. 4. Types of Requests and Counter Requests: a. Request for Jury Trial: This type of request is made by either the plaintiff or the defendant to have a jury decide the outcome of the Unlawful Detained case. It allows both parties to present their arguments and evidence before a jury panel. b. Counter Request for Mediation or Settlement Conference: In San Diego, parties involved in an Unlawful Detained case can counter request for mediation or a settlement conference. This request aims to resolve the dispute without proceeding to trial, often with the help of a neutral third-party mediator. c. Request for Continuance: A request for continuance may be made by either party when additional time is needed to prepare for trial or when unforeseen circumstances arise. This type of request seeks to postpone the trial date to a later time. d. Request for Dismissal: In some cases, the plaintiff or the defendant may request the dismissal of the Unlawful Detained case. This request can be made if the parties reach an agreement or if circumstances change, rendering the eviction unnecessary. Conclusion: When involved in an Unlawful Detained case in San Diego, California, both landlords and tenants have the option to request or counter request to set the case for trial. Understanding the different types of requests available, such as a jury trial, mediation, continuance, or dismissal, can help navigate the legal process effectively and seek a fair resolution.
