CALIFORNIA UNLAWFUL DETAINER GUIDE

THE DEFINITIVE GUIDE TO SURVIVING AND MAINTAINING AN UNLAWFUL DETAINER CASE IN CALIFORNIA
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Home» Articles posted by Owner (Page 6)

Los Angeles Unlawful Detainer Attorney: Unlawful Detainer Discovery

Posted on February 14, 2012 by Owner in Landlord Tenant, Real Estate Litigation, Unlawful Detainer No Comments

Whenever you get served with an unlawful detainer complaint that you plan on contesting, a good Los Angeles Unlawful Detainer Attorney will send discovery to find out the facts and contentions that support the landlord’s case.  The discovery can be as simple as form interrogatories and a document request.  Form Interrogatories, in particular, can be […]

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Los Angeles Unlawful Detainer Attorney – the Warranty of Habitability Affirmative Defense

Posted on January 25, 2012 by Owner in Landlord Tenant, Real Estate Litigation, Unlawful Detainer No Comments

In Los Angeles, as well as throughout California, landlords frequently try to evict tenants despite poor rental conditions.  In 1974, in Green v. Superior Court, the California Supreme Court determined a “warranty of habitability” is a part of all residential rental agreements.  That means that the landlord has an affirmative obligation to maintain the leased […]

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5 Things to Consider When Settling an Unlawful Detainer Lawsuit in California

Posted on January 13, 2012 by Owner in Landlord Tenant, Real Estate Litigation, Unlawful Detainer No Comments

From a defendant’s perspective there are many things to consider when settling an unlawful detainer that the plaintiff may not tell you: 1.  Settle Without a Judgment:  Often times plaintiff’s counsel will want to do a settlement in the form of a stipulated judgment.  Why do this?  It will result in a judgment on your […]

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Los Angeles Unlawful Detainer Attorney: How to Pick a Good Eviction Lawyer in Los Angeles

Posted on December 20, 2011 by Owner in Landlord Tenant, Real Estate Litigation, Unlawful Detainer 1 Comment

There countless unlawful detainer attorneys in Los Angeles.  So, how do you pick a good eviction attorney in Los Angeles?  First, ask about contact with the attorney. Many of the law firms that handle hundreds of lawsuits simply do not have the resources to give each of their clients the one on one contact they […]

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Los Angeles Unlawful Detainer Attorney: The Pitfalls of Substitute Service in Unlawful Detainers

Posted on December 9, 2011 by Owner in Landlord Tenant, Real Estate Litigation, Unlawful Detainer No Comments

Unlawful detainers by design are summary proceedings which allow a quick resolution of disputes regarding possession of real estate.  Depending on your perspective, either landlord or tenant, the effect of serving a tenant by substituted service can be important. As background, in California, unlawful detainers, like most actions, can be served by substitute service.  Substitute […]

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7 Things to Know Before Renting Your Home – Zachary Schorr Quoted by Foxbusiness.com

Posted on November 23, 2011 by Owner in Landlord Tenant, Real Estate Litigation, Unlawful Detainer No Comments

Today, Zachary Schorr of Schorr Law, A Professional Corporation was quoted on foxbusiness.com, a national website.  The article, “Renting Your Home? 7 Things You Need to Know” provides tips for people considering renting out their home or a spare room.  In it, Schorr discusses the important of having a solid written lease.  The key to any […]

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California Unlawful Detainer Timing Issues

Posted on November 21, 2011 by Owner in Landlord Tenant, Real Estate Litigation, Unlawful Detainer 1 Comment

Unlawful Detainers in California are summary proceedings entitled to an expedited trial date and move rather quickly.  Attached is a timeline that is useful in understanding the  pre-trial timing for contested unlawful detainers in California:UD Timeline.    What the timeline shows is that within just 28 days an unlawful detainer proceeding can go to trial […]

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California Unlawful Detainer Trials: Gathering Evidence for Trial

Posted on November 10, 2011 by Owner in Landlord Tenant, Real Estate Litigation, Unlawful Detainer No Comments

In California a good unlawful detainer attorney will request discovery from the opposing party before proceeding to trial.  Discovery is the process through which each party learns of the other party’s evidence before trial so that they know how to prepare for trial.  Unfortunately, the time frame for unlawful detainer actions is very fast so […]

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California Unlawful Detainer Judgment Reporting to Credit Agencies

Posted on November 2, 2011 by Owner in Landlord Tenant, Real Estate Litigation, Unlawful Detainer No Comments

Although the California State legislature has tried to protect renters from the dissemination of unlawful detainer information to consumer credit reporting agencies, the legislature’s efforts have not been entirely successful because of the credit reporting agencies’ First Amendment rights. Accordingly, in California, landlords can access a potential tenant’s credit report to determine whether the tenant […]

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California Unlawful Detainer Possession Only Judgment and Amended Judgment

Posted on June 29, 2011 by Owner in Landlord Tenant, Real Estate Litigation, Unlawful Detainer No Comments

In California, in order to speed up the unlawful detainer process for landlords, the law in California permits landlords to obtain a possession only judgment against the tenants in possession.  This means, the court deals with possession only and does not deal with any rental damages due.  This is an important tool for landlords as […]

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