Skip NavigationTraffic Cases


Lesson 1.
Preliminary Issues

 

 


previous page next page

§1.13 Review

1. Your trial calendar includes the following cases. Which must you call first?

a. A probate action that has been put over three times
b. An unlawful detainer action
c. A personal injury action that is up for the first time

2. Larry Landlord serves Tim Tenant with a UD summons and complaint on a Wednesday. What day is Tenant’s responsive pleading due?

a. The following Wednesday
b. 30 days from Wednesday
c. The following Monday

3. Tina Tenant’s responsive pleading is due on a Wednesday. On that day she files a noticed motion to quash service of summons, with a proof of service by mail on Lucy Landlord. The clerk schedules a hearing for Thursday of the following week (i.e., 8 days from the filing). The court has complied with CCP §1167.4.

True
False

4. Lester Landau lives in San Francisco. He rents out a small office building he owns in neighboring Marin County to Tom Topper, who also lives in San Francisco. Landau wants to evict Topper from the office space, and he gives him proper notice. When Topper refuses to leave, Landau files a UD action in San Francisco County for the convenience of both parties. Landau has chosen a proper venue for the action, given the fact that both parties reside in San Francisco.

True
False

5.  Louie Lynch prosecuted a UD action for nonpayment of rent against Tess Tompkins, his tenant in an apartment building in San Diego. Lynch was seeking possession of the unit and 9 months of back rent at $2500 per month. The case was filed and litigated as an unlimited civil case. Tompkins put on evidence that Lynch’s back rent calculations were excessive. At the close of trial, a jury awarded Lynch possession and $7500 in back rent, but no daily damages. Since the damages could have been rendered in a limited civil case, the bench officer must reclassify the case prior to finalizing the judgment.

True
False

6. If the plaintiff files a UD action without alleging that the action was filed in the proper court and at the proper location for trial on the matter, you must:

a. Dismiss the case without prejudice
b. Permit the plaintiff to file an affidavit alleging that the action was filed in the proper court
c. Either a or b

7. Tori Talbot was served with a summons and complaint in a UD action. She did not initially realize that her response was due in court in five days. She finally filled out an official form answer and brought it to the clerk for filing 10 days after service of the summons. The clerk must refuse to file the pleading because it wasn’t filed within the first five days after service.

True
False

8.  Lance Logan properly served a UD summons and complaint on Trish Tingley. Tingley vacated the property on receipt of the complaint, so Logan amended his complaint to include additional damages and properly served Tingley with the amended complaint. Tingley has 30 days within which to file her responsive pleading.

True
False

9. For years, Lucky Lawhorn has had an agreement with Paul Peterson for Peterson to manage a small number of rental units that Lawhorn owns in another county. The agreement does not include an assignment of the right to possession. When Peterson has to evict a tenant, he must:

a. Bring the action in Lawhorn’s name
b. Bring the action in his own name
c. Bring the action in either his own name or Lawhorn’s name, or in both names
 

previous page next page
© 2006 by Judicial Council of California