Legal Question in Real Estate Law in California

about a week ago i asked a question about being the owner of a trailer and my buddy was living in it and has passed away ,i received an answer from Bryan R.R. Whipple which made a lot of sense he broke the laws down in detail , basically he stated in his opinion she had no right to be there ,that she is trespassing and should leave upon ordering her to do so ,so i and my husband went over there with a civil stand by and the police told us that it was a civil matter ,even though she told the police that she didn't live there and that she had a two bedroom house else where that she was just there to collect her deceased fathers belongings the police told us that they could not put her out ,what do i do know? (any suggestions or answers) i am just trying to stick to the law but when are the police going to up up hold the law?


Asked on 6/09/12, 4:42 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

I'm not sure what Mr. Whipple told you, but I would not have advised you to have the police go as a civil standby. If you are the owner of the trailer, you are going to have to bring what is known as a forcible entry and detainer action in civil court. This is also known in the law as an action in ejectment. Basically, you are going to have to get the court (judge) to issue a writ of possession, that will direct the sheriff to escort them off the property or risk arrest.

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Answered on 6/09/12, 4:57 pm


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