Here are three strategy tips for defending an unlawful detainer in California: 1. Serve discovery when you file your answer or other responsive pleading. This will give you a preview of the evidence and theories that the landlord will try to assert at trial. Basic discovery can be conducted using judicial council form interrogatories. All […]
View PostWarning: Attorney Verification of Unlawful Detainer Complaint May Be Invalid
Over the past few years I have noticed several large unlawful detainer law firms are verifying the complaints of their clients. They do this because unlawful detainer complaints must be verified. Verified means signed under penalty of perjury by the plaintiff. The practice of an attorney verifying a complaint troublesome for both the firm’s clients and […]
View Post5 Things to Consider Before Filing an Unlawful Detainer Action
1. Is your three day notice to pay rent or quit valid? Among other things, a three day notice to pay rent or quit must state the actual amount of rent due (residential) or provide a reasonable estimate of the amount of rent due (commercial). In addition the 3 Day Notice must provide an […]
View Post4 Steps to Responding to an Unlawful Detainer Action in California in an Effective Manner
Unlawful Detainer defendants whether it be for a commercial unlawful detainer or a residential unlawful detainer in California should prepare the following documents when responding to an unlawful detainer complaint: 1. Answer or Responsive Pleading: This document must be filed within 5 days of being served with the complaint. If the complaint was substitute served you may have […]
View PostUnlawful Detainers in the Los Angeles County Superior Court Central District
For several years now I have been successfully handling unlawful detainer actions in the Central District of the Los Angeles County Superior Court. I never ceased to be amazed by the way these matters are handled by the master calendar department. This past week, I filed a request to set case for trial on behalf […]
View PostRenter’s Rights When Their House is Foreclosed Upon
There is an interesting situation that is appearing more and more. A tenant, who is renting a house or condominium from the owner, suddenly learns that the property they have been renting has been foreclosed by the landlord’s lender. The questions then become: Who does the tenant pay the rent to? What are the tenants rights? […]
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