It seems like so long ago that this case begin with an unlawful detainer action following a foreclosure. An attorney told me once he had never heard of anyone staying in a home so long following foreclosure. At one point, the attorney for Citi didn’t show up for an Unlawful Detainer hearing, and the judge dismissed the case.
California Code of Civil Procedure Section 473 allows a party to vacate or overturn a dismissal by filing an affidavit of “mistake, inadvertence, surprise, or excusable neglect.”. In this case the attorney claimed he had another case in Torrance, California courthouse on the day of my hearing, but surprise, surprise……I checked and it wasn’t true.
The attorney appeared indignant and defiant saying that “I accused him of lying in open court” (which I did), and he really wanted to defend his honor. No, when I accused him of lying, I wasn’t 100% sure because it’s hard to filter through all the records of which attorney appeared in a court, even on a single day, but during my appeal, this attorney and I had to agree on a statement of “what happened” during all the Unlawful Detainer hearings in substitute of a court reporter. The Judge, Hon. James K. Hahn (who I loved, by the way, even though he ultimately had to rule against me, he was the most patient and fair judge I have ever been assigned to and he is one of the reasons I know I haven’t lost my objectivity), sent me and the attorney to a conference room to agree on the statement for the appeal and I told the attorney outright, “give me the case number of the proceedings where you appeared on Torrance, CA on the day you missed our hearing, and I will withdraw my comments in open court, and take that portion out of the appeal completely. I truly meant it. I would NEVER want to accuse someone of something they didn’t do, and I certainly didn’t want to create a court record accusing him of lying if he didn’t. Unfortunately, he couldn’t give me a number, and that’s when I was sure.
After I left the courthouse that day, there was a note on my car. It was a threat of sorts and I think it was accusing me of hitting someone’s car while I was parallel parking. I have always been suspicious of that note.