Legal Question in Landlord & Tenant Law in California

Re: unlawful detainer

Now, don't go into this with the mindset that you are going to lose - be positive! If, however, you do lose, you have about a week, maybe more because of the holiday and/or if the attorney drags his feet. I'd plan on no more than five days, but if you get more, then consider that a gift. Technically speaking, on the same day the Court enters judgment against you, they can issue a "Writ of Possession" which is the document ordering the Sheriff to evict you from the property. In the best-case scenario, that writ gets issued by the Court and delivered to the Sheriff the same day as the trial. The next morning, again in a best-case scenario for the landlord, the Sheriff comes out and posts the property for eviction. In Orange County the notice is a five-day notice and on the fifth day the Sheriff will evict you. That is the shortest time frame I've seen in Orange County. Otherwise, you have a holiday beginning on Thursday, and Sheriffs generally will not perform evictions on Mondays, holidays nor weekends.

I'd suggest that before the trial, if you have no real defense to being evicted, you talk to the landlord's attorney and try to work out a deal. I have in the past given tenants a few extra days in return for their agreeing to entry of a judgment (thus avoiding the trial). Give it a shot - its worth a try.

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