Results 1 to 10 of 10
  1. #1
    Join Date
    May 2016
    Posts
    6

    Default Do You Need a Separate Eviction Judgment for the Tenant and for Occupants

    My question involves landlord-tenant law in the State of: California

    Goal: To give personally served, named tenant the least amount of time, 5 days, to answer complaint.

    Named tenant was personally served (by process server) Summons and Complaint with the Prejudgment Right to Possession Claim form substituted served for any unknown occupants. Then, process server also mailed a copy to all unknown tenants.

    If tenant does not answer complaint, can I file a default judgment against the named tenant on the 6th day? Would I also file another default judgment for all unknown occupants after 15 days, after mailing?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Do You Need a Separate Eviction Judgment for the Tenant and for Occupants

    You would typically get a single judgment for the eviction of the tenant and all occupants.

  3. #3
    Join Date
    May 2016
    Posts
    6

    Default Re: Do You Need a Separate Eviction Judgment for the Tenant and for Occupants

    The moderator changed my original title, "File Separate Default Judgments for Named Tenant & Unknown Occupants?" which changed the meaning of my main question.

    I don't want to wait for 16 days to file a default judgment for both named tenant (personally served) and unknown occupants (substituted served), if I don't have to. I rather get a default judgment, after 5 days, for the named tenant, since he was personally served.

    The Nolo press CA Eviction book says, "You can fill out a separate set of papers for each defendant and take each defendant's default as soon as the waiting period for each defendant has passed, but there's normally no reason to, unless . . . "

    This is still a little unclear to me. Nolo press didn't mention unknown occupants in that immediate paragraph. A single judgment makes more sense. But, that allows the named tenant 10 extra days to prepare an Answer, possibly preventing me from obtaining a default judgment.

    To add to my previous post. There are 3 forms, CIV-100, “Request for Entry of Default,” UD-110, “Judgment—Unlawful Detainer,” and EJ-130, “Writ of Execution,” related to the default judgment. My question is more to the timing of filing the documents.

    Is this a correct procedure, if not what would be?

    1. File two “Request for Entry of Default,” as soon as the waiting period for each defendant has passed, one after 5 days; the other after 10 days.
    2. After the 15 days have passed, file CIV-100, “Request for Entry of Default,” UD-110, “Judgment—Unlawful Detainer,” and EJ-130, “Writ of Execution.”

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Do You Need a Separate Eviction Judgment for the Tenant and for Occupants

    Quote Quoting avery85
    View Post
    The moderator changed my original title, "File Separate Default Judgments for Named Tenant & Unknown Occupants?" which changed the meaning of my main question.
    You do realize that "File Separate Default Judgments for Named Tenant & Unknown Occupants" is incoherent, don't you?

    Although you appear to be exceedingly confused, the present title actually seems to better convey your question, which has already been answered.

  5. #5
    Join Date
    May 2016
    Posts
    6

    Default Re: Do You Need a Separate Eviction Judgment for the Tenant and for Occupants

    Thanks. Now that you pointed it out, yes.

    I think I should have wrote, File Separate “Request for Entry of Default,” for Named Tenant & Unknown Occupants?", I was somewhat more confused at the beginning, before studying the 3 documents. Any more insight would be appreciated.

    Does the following process make sense or am I still confused?

    Is this a correct procedure, if not what would be?

    1. File two “Request for Entry of Default,” as soon as the waiting period for each defendant has passed, one after 5 days; the other after 10 days.
    2. After the 15 days have passed, file CIV-100, “Request for Entry of Default,” UD-110, “Judgment—Unlawful Detainer,” and EJ-130, “Writ of Execution.”

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Do You Need a Separate Eviction Judgment for the Tenant and for Occupants

    A default judgment is a judgment. You would typically get a single judgment for the eviction of the tenant and all occupants.

  7. #7
    Join Date
    May 2016
    Posts
    6

    Default Re: Do You Need a Separate Eviction Judgment for the Tenant and for Occupants

    I was able to confirm, from two independent sources in my county, that you can file 2 separate, “Request for Entry of Default,” immediately after the waiting period for tenant and other unknown occupants. (I should have reworded my initial title to this post.)

    The exact steps, that I have listed, in my previous post, are the exact steps that one of the more active “eviction” attorneys in my county uses successfully. I discovered this by reviewing the eviction cases in my county. I was able to make copies of how this top attorney fills the forms out, his timing and strategies.

    After researching this attorney, I called the attorney help hotline at my county courthouse. Surprisingly, the exact same steps were independently explained to me by one of the attorneys. The attorney on the hotline only knew my goal. She walked me through line by line of the “Request for Entry of Default.” It just so happened it matched the same steps in my post and that of the more active “eviction” attorney.

    I hope this can help someone. I assume it might, as this is a common situation that many people may not realize. Some people will tell you to file one "Request for Entry of Default” for all defendants. However, this can give the initial defendant an extra 10 days or more to file their answer, preventing you from obtaining a default judgment.

  8. #8
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Do You Need a Separate Eviction Judgment for the Tenant and for Occupants

    You asked about getting a judgment, not about requesting entry of default. You seem to be recognizing at this point that, as you were told from the outset, you need one judgment.

    If you choose to separately default each defendant, you may still seek a single judgment after the court enters the default. The principle reasons to separately default multiple defendants are that one or more defendants have defaulted before service is complete upon or an answer is due from others, or that one defendant has answered (without raising any defenses that might prevent a default against a party who has not) and another party (or parties) have failed to respond on time.

  9. #9
    Join Date
    May 2016
    Posts
    6

    Default Re: Do You Need a Separate Eviction Judgment for the Tenant and for Occupants

    I appreciate your knowledge and time answering questions. I apologize for the confusion in incorrectly using the term. "default judgment," rather than "default."

    Quote Quoting Mr. Knowitall
    View Post
    You asked about getting a judgment, not about requesting entry of default.
    That's partially incorrect. In posts #3 & #5, I asked about, “Request for Entry of Default.”

    The moderator changed my ill-conceived title with “eviction judgment," which changed the purpose of my intended question. If I had only dropped one word “Judgments,” the title should have made sense; "File Separate Defaults for Named Tenant & Unknown Occupants?". In the OP, I said, "Goal: To give personally served, named tenant the least amount of time, 5 days, to answer complaint."

    You were answering about the eviction judgment, when my intended question was about taking a default for each defendant. I blame myself, as I mistakenly used the term "default judgment," rather than "default." If you replace "default judgment" with, "default," the thread should make sense and convey my intended question. My latter posts are to make it more coherent and useful to the reader.

    Quote Quoting Mr. Knowitall
    View Post
    You seem to be recognizing at this point that, as you were told from the outset, you need one judgment.l
    That is incorrect. I knew from the beginning that you get one judgment for possession of the property and one money judgment. The intended question was never about a judgment. The intended question from the start was about obtaining a default, which I confused by using the term default judgment. Again, this explanation is to make (salvage) my thread more useful for anyone reading.

  10. #10
    Join Date
    May 2016
    Posts
    6

    Default Re: Do You Need a Separate Eviction Judgment for the Tenant and for Occupants

    UPDATE: Personally served tenant tried to file an Answer 10 days later, which was before the sub-served unknown occupants’ time to file an Answer expired. The court clerk told him, he could not file an Answer as my Entry of Default had already been filed.

    The tenant filing an Answer would have required a trial date to be set, which is scheduled in approximately 20 days. If I had followed Nolo Press’ advice in, “The California Landlord’s Law Book: Evictions,” I would have lost more than $1,000 in rent @ $2,000/month and allow the tenant to contest the lawsuit. Nolo Press book excerpt:
    On the other hand, if you’re suing more than one person and they were served on different days (or by different methods) , each will have a different date by which he must respond. Your best bet is to prepare one set of papers with all defaulting defendants’ names on them, wait until the response time has passed for all defendants, and take all the defaults simultaneously.
    I disagree with Nolo Press' quote, "take all the defaults simultaneously." IME, I believe you should file separate defaults for each defendant, as soon as the law allows.

    1. Sponsored Links
       

Similar Threads

  1. Recovery of Premises: Can a Landlord Lock a Tenant Out of Rented Premises Before an Eviction Judgment
    By goneflying87 in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 08-31-2015, 07:52 AM
  2. Default Judgments: Judgment for Eviction Entered Without Service on the Tenant
    By baycountyfloridaeviction in forum Civil Procedure
    Replies: 17
    Last Post: 05-11-2014, 09:28 AM
  3. Moving Out: If the Tenant Moves Out Can a Landlord Lock Out Any Remaining Occupants
    By Dr. Manhatten in forum Landlord-Tenant Law
    Replies: 5
    Last Post: 08-09-2013, 01:06 AM
  4. Grounds for Eviction: Eviction Due to Unauthorized Pets and Occupants
    By noles26 in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 09-11-2012, 12:27 PM
  5. Grounds for Eviction: Tenant Brought in Multiple Unauthorized Occupants, Pet
    By FloridaAnne in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 10-16-2011, 05:29 AM
 
 
Sponsored Links

Legal Help, Information and Resources