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Can you do BOTH dismiss an unlawful detainer AND seal the case? Or is it just sealed and cannot also be dismissed?

Bankruptcy and Debt 2 views 3 answers
I have landlord who attacked me in my house,then also went in destroyed all belongings & threw outside simply because she wanted to move into cottage since she was having construction on her house & felt inconvenienced.I got a permanent restraining order on her for this.She RETALIATED and filed an unlawful detainer BUT NEVER gave notice before she did so.I responded as do not want to delay resolving before it becomes public and affects my search for a new place by listing me on a UD list. MY CONCERN is this- I do NOT want it to look like it is an unlawful detainer as done illegally without proper notice first,& we are going to more court for restitution of her damages etc & think she wants to use this.In settlement was told would be sealed,but asked it dismissed AND SEALED.Can it be both?

Attorney Answers

3
Christine Mccall ·
Nothing in the facts that you have posted here meets California's very stringent standards for sealing of a civil court case. Your agreement for settlement of the matter may include a confidentiality provision, but an Order of the court for sealing is highly unlikely.
0 upvotes
Christopher Lauria ·
The file can only be sealed when both parties settle the case. However, if you live in a cottage where there is another dwelling on the lot and the dwelling were built before October 1978, then you should stay, fight the UD, and demand relocation fees from the landlord.
0 upvotes
Anthony Roach ·
I disagree with Ms. McCall. Civil Code section 1161.2 specifically provides that unlawful detainer cases are not viewable by the public for the first sixty (60) days after filing. The file remains out of public view if the defendant prevails within the 60 day period. This is a specific provision of unlawful detainer matters, and has nothing to do with "sealing." A dismissal in the defendant's favor prior to the end of the sixty day period would constitute a defendant prevailing.
0 upvotes

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