Legal Question in Real Estate Law in California

Re: Taking back my house

Here's my view: The lawsuit was probably for quiet title, since the original issue involved an ownership dispute. A judgment or decree quieting title is not the same as a writ of possession, since holding good title is not quite the same as having a present right of possession.

In a quiet title action, a writ of possession can be granted the successful out-of-possession plaintiff if requested as additional relief, and the court finds it proper. See Code of Civil Procedure section 1166a. The judgment must be drafted to include the additional relief if the court finds, at trial, that the plaintiff is entitled to it.

It's very possible that you represented yourself, or that your lawyer was not very careful. Once the judgment is entered, I don't believe it can be amended or corrected to give you a writ of possession, unless the failure to include your right to one was a clerical oversight.

What to do now depends at least to some degree on how the person in possession came into possession. An unlawful detainer action would be quick, simple and cheap, and should result in your getting a writ of possession that would be carried out by the sheriff or marshal. However, at least technically an unlawful detainer action can only be used when the person initially obtained possession as a tenant, former owner before a foreclosure or execution, or a former employee. Other unlawful occupants, including trespassers, probably have to be removed by an action called ejectment.

Your best bet might be to find a fully bonded landlord's eviction service, or a lawyer who specializes in evictions, and see if they believe that an unlawful detainer would work in the circumstances. Be careful to use someone that will hold you harmless from any countersuit by the person being evicted in case their methods are inappropriate or the person just decides to make further trouble.

Re: Taking back my house

If you filed an unlawful detainer case, and you were awarded possession of the premises, have the clerk issue a Writ of Possession and have the marshal execute it. The police department is not the correct agency for executing on a writ of possession.

Re: Taking back my house

You must file an eviction. There may be ways to bribe or convince them to move out.

Re: Taking back my house

I am not sure Mr. Selik is correct under these circumstances; could he cite some of his authority? The person in the house is a trespasser who never offered to pay rent and claimed the right of being there as the owner and not any type of lease agreement. There is no leasehold to terminate and no tenant to evict. There is a person to "eject" by the the legal authorities for commiting a crime. I do not know of any situation in which the Court's allow non-governmental employees to remove physically people from any premise. Since there is a judgment stating the poster has right of possession, the law must also furnish a remendy, which is having the ohter peson ejected.

Re: Taking back my house

I would need to review the court documents to assist. Contact me directly.