I have a top situation, I had evicted my roommate and file the UDcomplaint in the court, but she was win the case because she refused that I gave her 30 day notice, and judge decide to let she stay in my apartment and I am need to refile evict her again. I just wonder if I am not follow the legally by law, just throw her stuff out from my apartment, please give me an advise
Thank you
Julie
:mad:

I have a top situation, I had evicted my roommate and file the UDcomplaint in the court, but she was win the case because she refused that I gave her 30 day notice, and judge decide to let she stay in my appartment and I am need to refile evict her again. I just wonder if I am not follow the legally by law, just throw her stuff out from my appartment, please give me an advise
thank you
Julie
:mad:



You have to file for eviction legally under California Law. If you throw her out you are committing a crime, particularly after a Judge has ordered that she does not have to leave without legal notice and procedure.

So what do I do when I gave her another legal 3 day a quit notice with had a proof of service?
Can I get in Small Claims Court to sue her for the unpaid rent?

so what do I do when I gave her another legal 3 day a quit notice with had a proof of service?
Can I get in Small Claims Court to sue her for the unpaid rent?


You start the eviction process all over again. After she's evicted (ordered to vacate), then you file in Small Claims Court.

I don't completely understand your question. Are you asking why it got thrown out of Court if you served her with a 3 day quit notice and had proof of service?