Eviction: Contested Case

[CalRehabber]

What is the name of your state (only U.S. law)? CA

I'm in the process of evicting some tenants for non payment of rent.

They answered complaining the heater suddenly doesn't work, no prob though my handyman will test / fix

I'm trying to determine the next form I must submit, I believe a "Stipulation for entry of Judgement" will work.

Can any one confirm or recommend the correct form?

PS - I have the Nolo book for this but it's somewhat unclear.

 

[Willlyjo]

What is the name of your state (only U.S. law)? CA

I'm in the process of evicting some tenants for non payment of rent.

They answered complaining the heater suddenly doesn't work, no prob though my handyman will test / fix

I'm trying to determine the next form I must submit, I believe a "Stipulation for entry of Judgement" will work.

Can any one confirm or recommend the correct form?

PS - I have the Nolo book for this but it's somewhat unclear.

What are you talking about? If you filed and served an eviction on the tenants and they answered within the 5 day period after being served, you will get a hearing date. At the hearing the judge will decide if the tenants have to go or not.

Also, the judge may allow you and the tenant to go out in the hall and try to resolve your issues there. If you DO resolve your issues, then a stipulation outlining your agreement will be entered by the Judge and the case is over unless there is a breach of the stipulation by the tenant(s)/Defendants. In that case, judgement will be entered in your favor.

 

[CourtClerk]

What are you talking about? If you filed and served an eviction on the tenants and they answered within the 5 day period after being served, you will get a hearing date.

Are you saying that the hearing date comes automatically???
Trial dates aren't given until they are REQUESTED, in writing, in the proper format.
So how about telling the OP to file a rqquest for trial setting?

 

[Willlyjo]

Are you saying that the hearing date comes automatically???
Trial dates aren't given until they are REQUESTED, in writing, in the proper format.
So how about telling the OP to file a rqquest for trial setting?

Once an eviction is served on the Defendant, they have 5 days to respond or they get a judgement against them and the LL can proceed with recovering the rental unit. If the Defendant responds with a written answer, then a court date is set for a hearing.

 

[ecmst12]

I'm not sure that the court will have anything to say about a broken heater in June, anyway.

 

[CourtClerk]

Once an eviction is served on the Defendant, they have 5 days to respond or they get a judgement against them and the LL can proceed with recovering the rental unit. If the Defendant responds with a written answer, then a court date is set for a hearing.

The OP does not need to file a request for trial setting at any juncture of the eviction process.

I know of NO court in LA or Orange County that automatically sets a case for trial once a response is filed. There is no tracking system for such a thing. Not only that, the CCP doesn't allow for it to happen, cases settle without trial, setting EVERY case for trial that answers only clogs the trial calendar...

Maybe you should familiarize yourself. I've trained clerks in this very area.

Oh, and OP, in case you actually want the form you need, here you go: http://courts.ca.gov/documents/ud150.pdf

Don't listen to Willyjo, he's wrong more than he's right (as in this case right here).

 

[CourtClerk]

Before you tell an OP not to listen to me and to listen to you, maybe you better do some better research. I've personally helped several Defendants get the forms in which to file an answer to the eviction in a few different courts in Southern California. A couple of those I've helped have even requested fee waivers which I got for them. They ALL had court dates mailed to them approximately a week after they filed their answers.

First, are you an attorney? Are you providing legal services??? That's what it sounds like and since you could be prosecuted for that, I'd be careful if I were you..

Second, are you aware that in almost EVERY case where the plaintiff is represented, the attorney will often file a default package and a trial setting at the same time in order to save time? The clerks then use the set of documents they need and destroy the other set??

Yeah, have you ever gone back to look in the case file to see if one had ever been filed? Probably not. Yeah, I'd tell the OP not to listen to you. I'd be real comfy in telling them this. Between you and I, only one of use was paid to do this.. legally. Just because you know how to fill out a fee waiver, which has been modified so greatly in the last decade that a 7 year old can do it, doesn't mean you're particularly knowledgeable. After all, Manson has filed a few waivers himself. Everyone agrees he's crazy as all get out.

In fact, people on SSI with the IQ of a grain of kosher salt can fill out a UD response. It's already filled out. You simply have to check the boxes and write some stuff in your own words. Who do you think you're fooling?

 

[sandyclaus]

What is the name of your state (only U.S. law)? CA

I'm in the process of evicting some tenants for non payment of rent.

They answered complaining the heater suddenly doesn't work, no prob though my handyman will test / fix

I'm trying to determine the next form I must submit, I believe a "Stipulation for entry of Judgement" will work.

Can any one confirm or recommend the correct form?

PS - I have the Nolo book for this but it's somewhat unclear.

By using a "warranty of habitability" defense (or trying to), the tenants will have prove that the defective conditions were severe enough to warrant withholding their rent. They will also have to prove that they properly notified you of the issues, that you were given sufficient opportunity to repair, and that you failed to do so. And, the fact that it's nearing summer here doesn't look very promising for them (in VERY few places here in CA do we need to use heaters during the summer time). Just get your handyman out there ASAP (relying upon the complaint in their answer to be your first indication of a problem) to fix it, and you'll have dotted your i's and crossed your t's.

Since your tenants filed an answer, then next step would be to begin discovery (if you intend to go that route) or request a trial date. (Yes, Willy-no. Since there is a form for that, it's obvious that CourtClerk is right, and that a trial date is not automatically assigned - why would you even need to fill out a form otherwise?).

 

[cbg]

You know, willyjo, oddly enough and in a weird sort of way, I'm almost sort of kinda fond of you, despite appearances. So I mean this absolutely in the kindest possible way when I tell you that you really, REALLY don't want to go where you're going.

You see, I know what CC does for a living, and where she does it, and who her employer is. I know that she has a very valid reason to know EXACTLY how this works, in a far more intimate manner than you have described your knowledge to be. So if you were to just back off and accept the fact that you really are wrong this time, no one would think less of you.

But if you keep insisting that she doesn't know what she's talking about - well, that's just not going to look good. Y'know?

 

[Willlyjo]

First, are you an attorney? Are you providing legal services??? That's what it sounds like and since you could be prosecuted for that, I'd be careful if I were you..

Second, are you aware that in almost EVERY case where the plaintiff is represented, the attorney will often file a default package and a trial setting at the same time in order to save time? The clerks then use the set of documents they need and destroy the other set??

Yeah, have you ever gone back to look in the case file to see if one had ever been filed? Probably not. Yeah, I'd tell the OP not to listen to you. I'd be real comfy in telling them this. Between you and I, only one of use was paid to do this.. legally. Just because you know how to fill out a fee waiver, which has been modified so greatly in the last decade that a 7 year old can do it, doesn't mean you're particularly knowledgeable. After all, Manson has filed a few waivers himself. Everyone agrees he's crazy as all get out.

In fact, people on SSI with the IQ of a grain of kosher salt can fill out a UD response. It's already filled out. You simply have to check the boxes and write some stuff in your own words. Who do you think you're fooling?

First let me say this...for years I've worked as a document preparer. A document preparer helps people fill out the paperwork that needs to be filled in court. It is not practicing law at all!

Second, not EVERY case has an attorney representing the Defendant (or Plaintiff). In such cases, once the answer is filed, the court will send a hearing date not more than several days later after the moving party files a request for trial.

Also, for you to even believe the OP may need a Stipulation for Entry of Judgement shows that you have to agree with me because a Stip usually gets filed with the court after and agreement between the parties has been made. The Stip allows the court to make sure the agreement is kept or Judgement will be entered.

I could see where a stipulation could be filed before a hearing took place if it were filed in a timely manner, but more often than not, such a stipulation wouldn't be filed until there was an appearance before a judge.

All this babble about someone on SSI and how easy it is to fill out forms is nonsense.

 

[CourtClerk]

Willy is kind of cute... in a look at the mold on the bread in the shape of Mother Theresa kind of way. I ain't been round these parts in a while, but I'm glad to know that when I do come back, some things are still the same.

 

[CourtClerk]

First let me say this...for years I've worked as a document preparer. A document preparer helps people fill out the paperwork that needs to be filled in court. It is not practicing law at all!

Do you have a license for that??? You do realize that CA REQUIRES document preparers to be licensed...

 

[CourtClerk]

Second, not EVERY case has an attorney representing the Defendant (or Plaintiff). In such cases, once the answer is filed, the court will send a hearing date not more than several days later.

Simply. Not. True

Also, for you to even believe the OP may need a Stipulation for Entry of Judgement shows that you have to agree with me because a Stip usually gets filed with the court after and agreement between the parties has been made. The Stip allows the court to make sure the agreement is kept or Judgement will be entered.

I could see where a stipulation could be filed before a hearing took place if it were filed in a timely manner, but more often than not, such a stipulation wouldn't be filed until there was an appearance before a judge.

Reading is fundamental... you just had a conversation all by your own self, because I wasn't part of that conversation right there.

All this babble about someone on SSI and how easy it is to fill out forms is nonsense.

No, it's not. Spend a day at work with me. I can show you some... those of folks who couldn't even spell the words right, but they could get things where they belonged.

 

[Willlyjo]

By using a "warranty of habitability" defense (or trying to), the tenants will have prove that the defective conditions were severe enough to warrant withholding their rent. They will also have to prove that they properly notified you of the issues, that you were given sufficient opportunity to repair, and that you failed to do so. And, the fact that it's nearing summer here doesn't look very promising for them (in VERY few places here in CA do we need to use heaters during the summer time). Just get your handyman out there ASAP (relying upon the complaint in their answer to be your first indication of a problem) to fix it, and you'll have dotted your i's and crossed your t's.

Since your tenants filed an answer, then next step would be to begin discovery (if you intend to go that route) or request a trial date. (Yes, Willy-no. Since there is a form for that, it's obvious that CourtClerk is right, and that a trial date is not automatically assigned - why would you even need to fill out a form otherwise?).

Hmmm...the thing that you, CBG and Court Clerk don't seem to grasp is that when a Defendant files an Answer to the UD, and has it served on the Plaintiff, it IS (technically) requesting a hearing (trial)!!

If you all really believe that in California, the court doesn't send notice of a Hearing within several days of a filed and served Answer by the Defendant, like it seems, you are all wrong! It is really that simple!

 

[CourtClerk]

Hmmm...the thing that you, CBG and Court Clerk don't seem to grasp is that when a Defendant files an Answer to the UD, and has it served on the Plaintiff, it IS (technically) requesting a hearing (trial)!!

If you all really believe that in California, the court doesn't send notice of a Hearing within several days of a filed and served Answer by the Defendant, like it seems, you are all wrong! It is really that simple!

I notice you didn't answer my question...

are you a LICENSED document preparer?