Legal Question in Landlord & Tenant Law in California

Unlawful Detainer

Won a judgement for tenant to vacate property on 3/28/06.

Went to file Writ of Execution and found out that it only pertains to the tenant (one tenant). I was later informed that the Sherriff would not evict any other people that may be in the unit or brought into unit before eviction date.

What is the process in amending the judgment to state that the unit would be EMPTY of ALL people? No one else is on the rental agreement. I called the court clerk and she stated there is a process that would take approx. 2-3 days but was unable to inform me of specifics. Could you please help me? Time is of the essence. Property is up for sale.


Asked on 1/24/06, 3:36 pm

2 Answers from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Unlawful Detainer

You apparently did not serve or file proof of service of ''unnamed adult occupants'' or serve a ''prejudgment claim of right to possession. This omission does not wreck your case. It only means that the court will set a hearing date for unnamed tenants to state a claim to possession. After that date, if no one has come forward to claim possession of the unit, the sheriff will evict all tenants. Call me if you need further consultation. Good luck.

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Answered on 1/24/06, 3:44 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Unlawful Detainer

In addition to what Mr. Iadevaia says, the usual practical effect is, if there's only one person living there, it doesn't matter. Often, too, the others will move, unless they're savvy.

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Answered on 1/24/06, 5:35 pm


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