Fatal defect

[RichNorCal]

Jurisdiction

California

I was properly served an unlawful detainer after 60 day notice no fault eviction (no rent control city) however the LL failed to check box to demand possession from each defendant or ask for repossession in both sections 9&17

Is it best to go to trial then bring it up and file a motion or if I lose appeal and bring it up, all rents current never late just what LL has refused for purpose of eviction. If so does he serve 60 day all over again or will judge not allow it.
Regards,
Rich and Laura

 

[army judge]

I was properly served an unlawful detainer after 60 day notice no fault eviction (no rent control city) however the LL failed to check box to demand possession from each defendant or ask for repossession in both sections 9&17

Is it best to go to trial then bring it up and file a motion or if I lose appeal and bring it up, all rents current never late just what LL has refused for purpose of eviction. If so does he serve 60 day all over again or will judge not allow it.
Regards,
Rich and Laura

I'm unsure of your eventual motives.
In the scenario you describe, you've recited a defense best employed at trial.
If you spring it before trial, you might allow your plaintiff the ability to amend and correct her/his pleadings.

This is one you can't win, only delay.

A LL can ask you to leave, at the end of your lease term.

What you never want to have happen is an official eviction filing in court.

Just the filing can hinder your ability to rent decent housing for decades, and tends to damage your FICO.

Try to avoid this thing getting that far.

It's rigged.

You can't win, even when you appear to prevail.

 

[adjusterjack]

the LL failed to check box to demand possession from each defendant or ask for repossession in both sections 9&17

Judges tend to excuse "harmless errors."

Why didn't you just move? You had two months. Now you'll end up with an eviction on your credit record and, eventually, a sheriff will put you and your belongings out on the street.