The Eviction Process

is used when the landlord thinks their tenant is behind on rent. It’s asking the tenant to pay the back rent or move out (quit).

concerns a party’s right to amend a pleading filed in a court action. The court can decide on whether a party may add or remove the name of a party, or correct a mistake in a pleading. Additionally, the court may alter the time for response of the opposing party.

a motion to set aside and vacate a judgment and enter another and different judgment in CA is very useful where it is fairly obvious that a judgment or decree is incorrect or erroneous in some way that materially affects the substantial rights of the moving party.

California Code of Civil Procedure (CCP) § (section) 663 has no time restrictions as CCP §473 does; however, the aggrieved party must demonstrate the court’s decision was based upon an incorrect or erroneous legal or factual basis.

an affidavit is the written version of swearing under oath to tell the truth, just as if you were testifying in a courtroom.

an answer is a reply to a question or a solution to a problem. In law, an answer refers to a defendant’s first formal written statement to a plaintiff’s initial petition or complaint. This opening written statement will admit or deny the allegations, or demand more information about the claims of wrongdoing.

an appeal is when someone who loses a case in a trial court asks a higher court (the appellate court) to review the trial court’s decision.

in CA, there is no legal definition for “unsafe” living conditions. Generally, the rule of thumb is that if your living environment affects your health or safety, then it can be considered an “unsafe” living condition.

an eviction complaint is a legal filing made against one party by another in order to attempt to legally evict the first party from property owned by the second party. The paperwork for this filing makes up the “complaint” and typically indicates the names of both parties and the physical address from which one party is trying to evict the other. It will also indicate the reason for the eviction.

the tenant decides to do what the notice that they are given says, which is usually to pay rent or quit (leave the unit).

a continuance is the postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in a legal action. Parties in a suit or the judge themselves may wish to have a continuance granted in order to prepare for proceedings.

a court clerk prepares and issues orders of the court (summonses, and other official documentation), preparing dockets of cases, examine legal documents submitted to courts, searching files and contacting witnesses, attorneys or litigants to obtain information for the court, preparing staff schedules, swearing in jury members, interpreters, witnesses or defendants, instructing parties about the timing of court appearances. *Documents need to be sent to the court clerk to be filed.

a default judgment is a judgment against a defendant who fails to answer a lawsuit. If a person or entity is sued and ignores the lawsuit entirely, the person or entity suing has the ability to get a judgment upon meeting certain criteria.

a demurrer is a legal objection to the sufficiency of a pleading, attacking what appears on the face of the document and seeking dismissal of a case against the defendant. The demurrer must be made in open court before a plea is entered unless the court allows it to be made at a later time.

a department is what the rooms are called in a courthouse.

a deposition is taking a witness’ testimony outside of court. At a deposition, the witness is sworn in, and answers questions under penalty of perjury. A court reporter is hired to transcribe the testimony.

is how you gather the evidence you will need to prove your case. Discovery is best described as a process where each side tries to find out what the other side is going to use at trial to support the claims made in the Unlawful Detainer lawsuit. Both sides to an Unlawful Detainer lawsuit have the right to conduct discovery.

a docket is a log containing the complete history of each case (including what happened in court) in the form of brief chronological entries summarizing the court proceedings. Every case is assigned a unique docket number.

refers to a legal principle that prevents someone from arguing something or asserting a right that contradicts what they previously said or agreed to by law. An estoppel prevents one person from contradicting an action or statement from the past.

evidence is any proof legally presented at trial through witnesses, records, and/or exhibits.

court filings are eliminated from the record and can never be retrieved or reopened.

a fee waiver is a full or partial release from the requirement of payment of a fee and from any provision in lieu of fee payment.

*Fees can be waived if on government assistance such as Medi-Cal, CalWorks, CalFresh, WIC, Unemployment, etc. by filling out a form (fee waiver form FW-001)

reviews what is going to be presented at trial and to access what will be needed at trial, e.g. an interpreter, trial notebooks, etc. This is done in front of the judge. This is mandatory for attorneys but not for their clients.

a form Interrogatory is a list of questions on a court form. You are sent these by the Plaintiff in a case where the Plaintiff propounds discovery.

a FW-002 is a form to Request to Waive Additional Court Fees (Superior Court). This form asks the court to waive additional court fees that are not covered in a current order.

a hearing refers to any formal proceeding before a court.

an intake is usually the first contact with a law office where the office accesses a client’s case and gathers information.

an interrogatory is a list of questions one party sends to another as part of the discovery process. The recipient must answer the questions under oath and according to the case’s schedule.

a judgment is when the judge makes a decision in an eviction case. The judgment may happen after a trial or, it may happen without your input if you didn’t file an answer.

is a case where the amounts in question are between $10,000 and $25,000.

a person who is involved in a civil legal case, either because they are making a formal complaint about someone, or because a complaint is being made about them.

stands for meet and confer

encourages parties in a case to settle their matter in whole or in part. It happens at the courthouse. Accordingly, all parties must attend this court appearance. This means that both sides of a case have to meet and talk and try to work things out regarding all the issues IN PERSON.

requires that parties meet and confer in a “reasonable and good faith attempt at an informal resolution of each issue presented by the [discovery] motion.” This means that both sides of a case have to meet and talk and try to work things out regarding all the issues brought up by any pending motion.

a motion is a legal tool that asks a judge to make a decision.

a summary judgment motion is not a substitute for trial, it is a tool that allows courts to weed out cases that do not need a trial to be resolved. It also allows the court to simplify and streamline the case so that trial is more efficient and focused on the areas of actual dispute. It can be used by either side to get rid of certain aspects of argument/contention so they are not argued at trial.

is a date for the hearing of a motion that is assigned by the court clerk. (BEFORE you can complete your moving(motion) papers, or have them served and filed to the opposing party, you need to get a hearing date assigned by the court. Tell the clerk what type of motion you are bringing, and when you want to have it set. Make sure you choose a date that is far enough away that you can give the other sides the required notice of the hearing.)

a motion to vacate specifically asks a judge to cancel something.

stands for motion for settlement conference

stands for motion for summary judgment

requires the prevailing party on any motion to give notice of the court’s ruling to all other parties or their attorneys unless notice is waived by all parties and is entered in the minutes. It starts the clock on how many days an appeal can be filed.

this is a notice that the Sheriff serves to a tenant or residence which states the date that the Sheriff will come back to remove the occupants and lock them out.

stands for Notice to Vacate

In CA, when a tenant becomes what is often loosely defined as a “nuisance,” the landlord has the right to oust them from the property upon serving up a 3-day notice for eviction. This action is legally called “Termination of Tenancy Based on Nuisance.”

stands for opposing counsel

is the attorney for the other side of your case.

to testify falsely, or to give false or misleading testimony, may be perjury.

are any motions that are filed after a decision by a judge. There are several different types of post-judgment motions, but the most common are motions for a new trial, motions to vacate, and motions to set-aside.

to preserve a jury is to ask for a jury trial at the time you answer your unlawful detainer.

the proof of service affidavit states the party who served the documents, what documents were served, the method of service, and where the document was served.

means that you are acting as your own attorney.

stands for Request for Admissions.

Santa Ana’s Rent Stabilization and Just Cause Eviction Ordinance is a local law that sets a maximum annual rent increase and provides tenants protections from evictions without just cause.

is a discovery device that allows one party to request that another party admit or deny the truth of a statement under oath. If admitted, the statement is considered to be true for all purposes of the current trial.

when improper conduct is employed during litigation. Sanctions are usually fines. A lawyer seeking sanctions must file a motion with the court. A hearing is set during which the lawyer must produce evidence of wrongful conduct.

records are made unavailable to the public, but may be reopened. CA automatically seals any case that does not result in a judgment for the landlord. The state further provides automatic sealing for all other cases unless the landlord wins within 60 days. Records may be unsealed after 60 days if the landlord won at trial and can demonstrate extenuating circumstances.

are questions that are typed up by the opposing party or their attorney. This will be a numbered list of questions that the opposing side asks you to answer. It can be no more than 35 questions long. Each numbered question is called an interrogatory. “Interrogatory” is a legal word meaning “question.”

a stipulated judgment has similar effects as a regular judgment, but the main difference is the debtor agrees to gives up essential rights: The debt collector isn’t required to prove you’re responsible for the alleged debt. You give up any defenses you can use against the creditor, such as the statute of limitations.

a summons is a court form which notifies the defendant that they are being sued and lists the day the defendant needs to appear in court (the Return Date).

to testify means to give one’s testimony under oath as a witness; to give evidence as a witness.

Statement of the Case, Witness List, Exhibit List, Jury Instructions, Photographs and Reports – Must be filed and served 5 court days before trial.

A three ring binder with a Table of Contents and Tabs that has a LIST.

is an eviction proceeding. The cause of action of an unlawful detainer is that the possession was originally lawful, but turned unlawful only upon the expiration of the right to possess. To show that the possession was initially lawful, the basis of such lawful possession must then be established.

to ‘waive’ is to forego something. It is an act of voluntarily giving up a right, and can apply to a variety of legal situations including knowingly giving up a legal right such as a speedy trial, a jury trial, giving up some rights in a settlement talk, or not enforcing a term of contract. A landlord can waive a right a lease has given them to collect a late fee, for example.

when a court dismisses an action, they can either do so “with prejudice” or “without prejudice.” Dismissal with prejudice means that the plaintiff cannot refile the same claim again in that court.

when a court dismisses an action, they can either do so “with prejudice” or “without prejudice.” Dismissal without prejudice means that the plaintiff can refile the same claim again in that court. This usually happens when the dismissal is based on a technicality.

witness and exhibit lists are critical as they represent the evidence that will go in front of a jury at trial.

a writ is an order issued by a legal authority with administrative or judicial powers, typically a court. A petition for a writ explains to the appellate division what happened in the trial court, what error you (the petitioner) believe the trial court made, why you have no other adequate remedy at law, and what order you are requesting the appellate division to issue.