Lease ended & Judgement awarded with out service

[Nylam1636]

Jurisdiction

California

My daughter signed a lease but do to an unhealthy relationship that threatened her safety she moved back into my residence . She emailed the property manager informing them she moved out of town and asked to be removed from the lease and that "Ed" was still staying there so wanted her name off & just have it in Eds name. The management responded saying the normal process is to income qualify and Ed did not qualify however the management spoke to the VP of corporation and that they will make the exception in this case but she must send an email stating that she is giving her 30 day notice and that she would forfeit her deposit. She did that in July of 2018. In September 2020 she receives notice that her wages will be garnished from a Unlawful Detainer Judgement. The case was filed in April 2019. She and Ed were both listed as defendant's . Notice of the action was posted and mailed to the old residence. We are preparing a Motion to set aside judgement along with her declaration, memorandum of points & authorities, & proposed order, attaching the emails and my affidavit & copies of the proof of service. We plan on including the Answer to the original complaint as well, Hoping we filled out the papers correctly we would also like to include a prayer in the answer asking for punitive damages for; them offering her to be removed from lease if she forfeit her $1400 deposit she accepted in written email. They had written knowledge that she moved and yet the only posting of this action was at said residence. This action will mark her credit score and reflect negatively on every aspect of her life jobs, housing, credit. In March of 2020 the plaintiff is still just referring to the old apt, address in court documents then after getting a default judgement they know her work address. She never tried to avoid being served and had no idea that there was any reason for someone to bring an action against her. Would someone look over our documents and not sure if and how to add the prayer?

 

[Zigner]

My daughter signed a lease but do to an unhealthy relationship that threatened her safety she moved back into my residence . She emailed the property manager informing them she moved out of town and asked to be removed from the lease and that "Ed" was still staying there so wanted her name off & just have it in Eds name. The management responded saying the normal process is to income qualify and Ed did not qualify however the management spoke to the VP of corporation and that they will make the exception in this case but she must send an email stating that she is giving her 30 day notice and that she would forfeit her deposit. She did that in July of 2018. In September 2020 she receives notice that her wages will be garnished from a Unlawful Detainer Judgement. The case was filed in April 2019. She and Ed were both listed as defendant's . Notice of the action was posted and mailed to the old residence. We are preparing a Motion to set aside judgement along with her declaration, memorandum of points & authorities, & proposed order, attaching the emails and my affidavit & copies of the proof of service. We plan on including the Answer to the original complaint as well, Hoping we filled out the papers correctly we would also like to include a prayer in the answer asking for punitive damages for; them offering her to be removed from lease if she forfeit her $1400 deposit she accepted in written email. They had written knowledge that she moved and yet the only posting of this action was at said residence. This action will mark her credit score and reflect negatively on every aspect of her life jobs, housing, credit. In March of 2020 the plaintiff is still just referring to the old apt, address in court documents then after getting a default judgement they know her work address. She never tried to avoid being served and had no idea that there was any reason for someone to bring an action against her. Would someone look over our documents and not sure if and how to add the prayer?

Yes, of course you can have someone look over the documents. That "someone" will need to be a licensed attorney.

I would add that, per your posting above, you have likely committed a crime (unlawful practice of law, The State Bar of California).

 

[zddoodah]

She emailed the property manager informing them she moved out of town and asked to be removed from the lease and that "Ed" was still staying there so wanted her name off & just have it in Eds name.

In the event you're not aware, simply moving out does not terminate her obligations under the lease. It's probably moot at this point, but was this a situation in which section 1946.7 of the Civil Code applies? If so, did she follow the procedure mentioned in that law to the letter? Regardless, there is no "removing" or taking a person's "name off" the lease.

we would also like to include a prayer in the answer asking for punitive damages for; them offering her to be removed from lease if she forfeit her $1400 deposit she accepted in written email.

First of all, there is no "we" here. Legally, this has nothing to do with you. Second, there is no basis whatsoever for seeking punitive damages (see Civil Code section 3294).

This action will mark her credit score and reflect negatively on every aspect of her life jobs, housing, credit.

No, it won't. Civil judgments no longer factor into one's credit score.

Would someone look over our documents and not sure if and how to add the prayer?

The only person who is going to look at your daughter's documents and advise her is a lawyer she hires for that purpose. Forget the whole business about punitive damages, file the motion and defend against the lawsuit.

 

[Nylam1636]

Thank you

 

[Nylam1636]

It is well understood that moving out alone does not terminate the agreement however when the property management gave the option to forfeit the $1400.00 deposit in writing with a 30 day notice and that option was accepted a new agreement was formed. Also are saying that having a UD case with a default judgement on record has no negative repercussion? trying to file motion just hope google gave the information needed, as I am unable to obtain any here (?)
thanks

 

[Zigner]

It is well understood that moving out alone does not terminate the agreement however when the property management gave the option to forfeit the $1400.00 deposit in writing with a 30 day notice and that option was accepted a new agreement was formed. Also are saying that having a UD case with a default judgement on record has no negative repercussion? trying to file motion just hope google gave the information needed, as I am unable to obtain any here (?)
thanks

AGAIN - you cannot file anything. You actually risk causing your daughter more harm than good in your attempts to "assist", which is why your actions (appear to) violate the law. The law is designed to protect people from harm caused by the unauthorized practice of law. She needs an attorney.

 

[zddoodah]

Also are saying that having a UD case with a default judgement on record has no negative repercussion?

No, I did not say that. You wrote that "[t]his action will mark her credit score and reflect negatively on every aspect of her life jobs, housing, credit" (emphasis added). It's rather obvious that "every aspect" is hyperbole, but the only point I was making was that civil judgments no longer appear on one's credit report. There is no reasonable way to interpret what I wrote as saying that there would be "no negative repercussions" as a result of the judgment.

trying to file motion just hope google gave the information needed, as I am unable to obtain any here (?)

The best thing to do would be to hire an attorney. The next best thing would be for your daughter to visit her county law library and look at The Rutter Group's Enforcing Judgments and Debts practice guide. There might even be a bare bones sample motion to vacate a judgment. Note that there is no fill-in-the-blank type form for this.