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Updated about 10 years ago on . Most recent reply

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Gene Hacker
  • Flipper/Rehabber
  • Lake Isabella, CA
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Unlawful detainer question

Gene Hacker
  • Flipper/Rehabber
  • Lake Isabella, CA
Posted

This is my third or fourth eviction, but this time the court clerk just mailed back my request for default judgement, rejecting it stating "no service on unnamed occupants".

On the unlawful detainer complaint, the tenant was named with "does 1 through 10".

But the sheriff only served the named tenant and no other occupants were identified.  

This is exactly what the Sheriff did in the past evictions I completed and the default judgement was awarded with no problems.  

Its a long drive to the court (county budget cuts, they closed our local court last year, not we have to drive a bit over an hour) so I am hoping to have some kind of idea how to clear this up so I can get everything corrected and turned in tomorrow.  Anyone familiar with CA evictions.  

  • Gene Hacker
  • Most Popular Reply

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    Brian Burke
    #1 Multi-Family and Apartment Investing Contributor
    • Investor
    • Santa Rosa, CA
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    Brian Burke
    #1 Multi-Family and Apartment Investing Contributor
    • Investor
    • Santa Rosa, CA
    Replied

    @Gene Hacker, You need to dismiss the does without prejudice and then get your default on the named defendants. If no one filed a claim to right of possession you don't need the does anymore. 

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