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Convert unlawful detainer to civil case Form: What You Should Know

The court will issue a temporary stay (if you pay the filing fee) or a  non-judgment order that you cannot remove the court stay until the case goes to the superior court. Request for Dismissal For a motion to dismiss without prejudice, you must file a request for dismissal with the court, and make certain that you have sufficient information to make a good faith determination that you wish the case to be dismissed. What Happens After I File It? The  case starts with a default judgment (for non-payment of rent). This will be enforceable in the Superior Court of California in one of four ways: 1) the landlord can sue for the property until the landlord sells the property, 2) the landlord can sue for actual damages and attorneys fees, 2) the landlord can sue for breach of contract, 3) your landlord can sue for punitive damages If you can't resolve it with the landlord you can try the Superior Court of California first, but since there are many defendants it will be very difficult. You can also try the San Jose City Attorney for a civil case (they can prosecute non-profits and non-profits can't be sued) What Happens To The Damages If There Is A Default Judgment? If you don't resolve the case with the landlord it can still be enforced in the Superior Court of California. Once the case comes up you cannot change the judgment, so once you get judgment the landlord will own all the improvements made by you through the sale of the property and the cost of repairing your damage to the property and to the community. What if I Lose The Suit? If you don't win the case or if the defendant wins a default judgment the defendant can sue for reimbursement. You also cannot recover property from the defendant even if his/her case is dismissed. The judge may order payment of your reasonable attorney's fees and court costs. (You can check to see if your attorney's fees were paid by the defendant.

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