Plaintiff's Motion to Deem Requests for Admissions Admitted granted: [my recourse?]

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trosoft

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I live in Los Angeles. I am a defendant in an unlawful detainer case.

I was served with a Notice of Motion to Deem Requests for Admissions Admitted and for Monetary Sanctions (pursuant to C.C.P. Section 2033.280. It indicated that I should appear for the matter to be heard at 9:15 AM on April 25, 2011. Due to a sudden medical situation, I was delayed; I arrived at 9:20. However, by then, the court had already heard and rule on the plaintiff's motions.

The judge deemed the Requests for Admissions Admitted. Also, I am required to pay monetary sanctions of $150 to plaintiff attorney.

Note that I did call that trial room (department) five times to inform the court of my situation, and that I would be approximately five minutes late. But, each time I got the voice mail; I left the same message each time.

Here are the specific admissions about which I am concerned:

Request for Admission No 1
That [name of my apartment owners' company] has met all applicable requirements of local rent control or eviction control ordinance.

Request for Admission No 2
That [name of my apartment owners' company]] does not violate local rent control ordinance, including the posting of Rental Registration statement.

I had planned to show certified Los Angeles Housing Departments (LAHD) documents that indicate that my unit is not registered, notwithstanding the fact that LAHD ordered the landlords to register my rental unit. LAHD did tell me to withhold rent until landlord had complied with that registration requirement. After compliance, I was to pay the current rent, plus any rent past due.


Questions:

1. Can I file a motion to set aside the court's decision, and have an opportunity to explain what happened? (If so, what type of motion(s)
2. If not, what procedure can I use to have the motion hearing ruling reconsidered?
3. At trial, can I still raise as an affirmative defense the failure of the landlord to register my rental unit?
4. At trial, can I still raise as an affirmative defense the failure of the landlord to register my rental unit?






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Ordinance excerpts:
_______________
§151.09. EVICTIONS
(Amended by Ord. No. 154,237, Eff. 8/30/80, Oper. 9/1/80.)

A.
1. The tenant has failed to pay the rent to which the landlord is entitled, including amounts due
under Subsection D of Section 151.05.

.
.
[The rent control ordinance does allow for certain affirmative defenses]

E. In any action by a landlord to recover possession of a rental unit, the tenant may raise as an
affirmative defense any violation of the provisions of this chapter. Violation of Subsections A., B. or D. of this section shall not constitute a misdemeanor.
(Amended by Ord. No. 166,130, Eff. 9/16/90.)

F. In any action by a landlord to recover possession of a rental unit the tenant may raise as an
affirmative defense the failure of the landlord to comply with Section 151.05 A. of this chapter.
(Added by Ord. No. 156,597, Eff. 5/20/82, Oper. 5/15/82.)

§151.11. Refusal of a Tenant to Pay
(Amended by Ord. No. 156,597, Eff. 5/20/82, Oper. 5/15/82.)

A.
.
.
.
B. A tenant may withhold the payment of any rent otherwise lawfully due and owing after July 1, 1979 until such time as the landlord has complied with §151.05 A. of this chapter. Once the landlord has complied with §151.05A. of this chapter the tenant becomes obligated to pay the current rent and any back rent withheld pursuant to this subsection.
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