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Updated about 1 year ago, 11/03/2023

User Stats

73
Posts
34
Votes
James Qiu
  • Investor
  • Carlsbad, CA
34
Votes |
73
Posts

Ex Parte filed by my tenant right before lockout in eviction case

James Qiu
  • Investor
  • Carlsbad, CA
Posted

So my long and draining exercise of evicting my tenant is about to finish (or so I thought), after the deputy has scheduled the lockout. Today I got a call and text message from my tenant that she filed an Ex Parte application for an emergency hearing to determine whether to "stay the lockout". So far I have not heard from the Sheriff department to reschedule the lockout. My question is that without any Court order to delay the lockout or Writ of Procession, should I go through with the lockout? I don't see the reason not to, since the last Court order to the Sheriff department was to lockout. Anyone has any experience in similar situation? In the Ex Parte, she stated that she has nowhere to go and has cancer (she never mentioned to me before now), and she never received eviction paper works from me, but I have videos and pictures when she was severed and text messages where she admitted been severed.

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