Hi,
CA Unlawful Detainer Question…
Defendant filed Answer and Jury Demand
Plaintiff did not Set For Trial but filed a Motion For Summary Judgment.
Can the Plaintiff file Motion For Summary Judgment without setting for trial when Defendant filed Jury Trial Demand with her Answer?
Also, the Motion for Summary Judgment was not served personally but by overnight mail.
The date for hearing is scheduled for 8 days after the date of mailing but 8.7 Motions for Summary Judgment and Summary Adjudication (CRC §§3.1030-3.1354) says, If the motion is served by mail, it must be served at least ten (10) days prior to the hearing…
This is scarry because I wasn't expecting this and this is really fast. I thought that they would Set For Trial so I could get file some discovery motions that would force the complaint to be dismissed … I thought that discovery begins after Memorandum to Set For Trial but now some are telling me that it begins immediately after Answer. Which is true?
Thanks
CA Unlawful Detainer Question…
Defendant filed Answer and Jury Demand
Plaintiff did not Set For Trial but filed a Motion For Summary Judgment.
Can the Plaintiff file Motion For Summary Judgment without setting for trial when Defendant filed Jury Trial Demand with her Answer?
Also, the Motion for Summary Judgment was not served personally but by overnight mail.
The date for hearing is scheduled for 8 days after the date of mailing but 8.7 Motions for Summary Judgment and Summary Adjudication (CRC §§3.1030-3.1354) says, If the motion is served by mail, it must be served at least ten (10) days prior to the hearing…
This is scarry because I wasn't expecting this and this is really fast. I thought that they would Set For Trial so I could get file some discovery motions that would force the complaint to be dismissed … I thought that discovery begins after Memorandum to Set For Trial but now some are telling me that it begins immediately after Answer. Which is true?
Thanks
