Unlawful detainer question

6 Replies

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.  

By all means, turn this over to your real estate lawyer. Good luck.

Thank you for the reply, but the unlawful detainer fees from the lawyers are incredibly steep. 

In the past the process has been pretty strait forward and I have never had a problem.  The clerk at the new court has thrown me a few curve balls.  I figure, once I learn the new system, the extra hour or so of work completing the forms is well worth the cost savings.  

There has to be a few active landlord types that do their own evictions.

@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. 

Thank you Brian. 

@Brian Burke

 Just wanted to say thanks again.  Your advise pointed me in the right direction.  I just noticed on my banks website that the court deposited my check for the Writ so it looks like it worked.

Nice!  I'm glad it worked out.

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