This article provides an overview of the requirements for obtaining a civil default judgment in a California civil case. Threshold Requirements for All Default Judgments The requirements for obtaining any default judgment in a California civil case are: Once these prerequisites are satisfied, a default judgment may be sought immediately. Requirements for Obtaining a Clerk’s…
A limited liability company (or LLC) is a business structure that is frequently created for the purpose of owning rental property in California. This article discusses the major benefits of creating an LLC for that purpose. Limitation of Liability When rental property is owned as an individual, the owner’s personal assets are at stake in…
California landlords have an obligation to keep their rental properties in a livable condition. When they don’t, tenants have the right to break their lease, move out, and seek to recover all resulting damages. This is known as a “constructive eviction”. It occurs whenever the tenant is forced to move from a rental unit that…
Property damage is a major concern for any landlord who turns over the keys to a tenant. Accordingly, it is important for the landlord to understand the parties’ respective obligations for damage to property occurring during the tenancy. In short, California law provides that landlords are responsible for normal “wear and tear” damage, and any…
The first step in prosecuting any lawsuit is delivering the summons and complaint to your adversary. Locating the defendant may not be an issue in most cases, but what happens if you have no current information regarding the defendant’s whereabouts? This article describes commonly used practices for tracking down someone you need to serve with…
Whenever a civil lawsuit is filed, the responding party must receive formal notice that the process has been commenced. In legal parlance, the term is “Service of Process”. Until the other side has been properly “served,” the judge cannot make any permanent orders or judgments. This article discusses the acceptable methods of service of process…
California name change law allows persons over 18 to request a name change for themselves or for children under their guardianship. Here is an overview of the requirements when the name change is not due to a marriage or divorce. Reasons for a Name Change The Courts are often willing to accept name changes…
Expungement is a legal process initiated in a court that prevents public viewing of your criminal record. Expungement of a criminal conviction is a great way to remove the stigma of a criminal conviction from your record and can open many doors that were closed by the criminal conviction. Here is a brief overview of…
Your tenant has been served with a Notice to Pay Rent or Quit. The tenant failed to comply with the notice and is still residing at your property. You take the next step in the eviction process by filing an unlawful detainer lawsuit and serving it on the tenant. The tenant responds by filing a…
This article discusses the benefits and disadvantages of using mediation as an alternative method of resolving an unlawful detainer lawsuit. What is Mediation? Mediation is a form of alternative dispute resolution in which a neutral third person helps the parties reach a voluntary settlement of a dispute. It is an informal process in which the…