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.
In San Jose, California, a Request / Counter Request to Set Case for Trial is a legal procedure applicable to Unlawful Detained cases. Unlawful Detained refers to a legal action filed by a landlord to regain possession of rental property from a tenant who has either failed to pay rent or is in violation of the lease terms. A Request to Set Case for Trial is typically initiated by the plaintiff (landlord) or the defendant (tenant) in order to schedule a trial date and move the case forward in the judicial process. This request is important as it signals the intention of the party to proceed to trial. The party filing the Request to Set Case for Trial must provide pertinent case details such as the case number, names of the parties involved, and a brief summary of the case. The request is then submitted to the court clerk or directly to the assigned judge. It is crucial to adhere to specific rules and procedures set forth by the court regarding deadlines and required formatting for the request. On the other hand, a Counter Request to Set Case for Trial can be filed by the opposing party (i.e., tenant or landlord) in response to the initial Request to Set Case for Trial. This counter request is typically filed when both parties have mutually agreed to proceed to trial or when the defending party wishes to challenge the initial request. Therefore, a Counter Request to Set Case for Trial serves as a counterpart filed by the defendant as a response to the plaintiff's request. In terms of different types of San Jose California Request / Counter Request to Set Case for Trial — UnlawfuDetaineder, variations may exist depending on specific circumstances or particularities of the case. For example, a defendant may file a Counter Request to Set Case for Trial with additional motions, such as a motion to dismiss or a motion for summary judgment. These additional motions can further shape the trajectory of the case and influence the trial date. Keywords: San Jose California, Request / Counter Request to Set Case for Trial, Unlawful Detained, landlord, tenant, rental property, legal action, failure to pay rent, violation of lease terms, trial date, judicial process, case number, court clerk, assigned judge, deadlines, formatting, Counter Request, challenging request, motions, motion to dismiss, motion for summary judgment.In San Jose, California, a Request / Counter Request to Set Case for Trial is a legal procedure applicable to Unlawful Detained cases. Unlawful Detained refers to a legal action filed by a landlord to regain possession of rental property from a tenant who has either failed to pay rent or is in violation of the lease terms. A Request to Set Case for Trial is typically initiated by the plaintiff (landlord) or the defendant (tenant) in order to schedule a trial date and move the case forward in the judicial process. This request is important as it signals the intention of the party to proceed to trial. The party filing the Request to Set Case for Trial must provide pertinent case details such as the case number, names of the parties involved, and a brief summary of the case. The request is then submitted to the court clerk or directly to the assigned judge. It is crucial to adhere to specific rules and procedures set forth by the court regarding deadlines and required formatting for the request. On the other hand, a Counter Request to Set Case for Trial can be filed by the opposing party (i.e., tenant or landlord) in response to the initial Request to Set Case for Trial. This counter request is typically filed when both parties have mutually agreed to proceed to trial or when the defending party wishes to challenge the initial request. Therefore, a Counter Request to Set Case for Trial serves as a counterpart filed by the defendant as a response to the plaintiff's request. In terms of different types of San Jose California Request / Counter Request to Set Case for Trial — UnlawfuDetaineder, variations may exist depending on specific circumstances or particularities of the case. For example, a defendant may file a Counter Request to Set Case for Trial with additional motions, such as a motion to dismiss or a motion for summary judgment. These additional motions can further shape the trajectory of the case and influence the trial date. Keywords: San Jose California, Request / Counter Request to Set Case for Trial, Unlawful Detained, landlord, tenant, rental property, legal action, failure to pay rent, violation of lease terms, trial date, judicial process, case number, court clerk, assigned judge, deadlines, formatting, Counter Request, challenging request, motions, motion to dismiss, motion for summary judgment.
