So, this was a victory that only came about because the tenant was able to find another place to rent. It's a weird sort of case, but it comes down to this: The landlord took a default judgment after the tenant tried to file an answer but was turned away - erroneously - by the clerk. Eviction was scheduled for Tuesday.
We asked opposing counsel to stipulate to a set-aside of the default, but they declined. So we applied for a stay of execution and filed a motion to set aside the default -- and won. Now that the case is stayed, the tenant can move to her new rental and opposing counsel is perfectly willing to stip to the set aside and dismiss the case.
Smooth landing, no default judgment ... Added benefit, the tenant's 19-year-old daughter was on the lease as well, so we are avoiding her starting off her adulthood with an eviction judgment on her record.
