Legal Question in Landlord & Tenant Law in California
In a California Unlawful Detainer case, I (plaintiff, master-tenant) obtained a judgment default against plaintiff for monetary damages of original complaint and misc costs. However, I also marked 2g on Cal CIV-100 (Request for Default Judgment) requesting Daily Damages at rate of $17.86 .. but the judge's response states nothing re these damages (it took 62 days to get sheriff to evict plaintiff: = $1107.32). My question: did the judge overlook this, deny this, or is it to be handled separately after obtaining the writ of execution? If judge overlooked this (or made an error), can I request the judgment be amended to reflect the damages?
1 Answer from Attorneys
if you applied for a WRIT OF EXECUTION for money judgment, the daily rental value should be included there. that figure also should have been filled in on your application for WRIT OF EXECUTION for POSSESSION.