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:

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Originally Posted by juliegoodison

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:

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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?

Quote:

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Originally Posted by juliegoodison

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?

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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?