Eviction

Commercial Or Residential Property Owners

Figuring out if you need a 3-day, 30-day or 60-day notice:

In most cases, before you file an Unlawful Detainer action, you have to fill out and serve notice. This can be a 3-day, 30-day or 60-day notice. Then you have to wait to see if the defendant does what the notice asks.

Exceptions:

Here are cases where you don’t need a notice:

• The tenant’s lease is up
• You accept the tenant’s notice to end the lease
• The tenant works for you and doesn’t pay rent
• The tenant moves out

Costs to Evict Someone

To Start:

• Three Day Notice is free for us to do, but if you need us to serve it, the cost is $50.00 for the service (you can serve it yourself if you want, you don’t need us to serve)
• Document Preparation Fee For All Paperwork – $300.00
• Court Filing Fee For the Summons and Complaint – $240.00
• Service of Process on Defendant – $75.00 – Sheriff or Licensed Process Server Should Serve
• Service of Process on Unknown Occupants – $75.00 – Only Sheriff or LicensedProcess Server Has To Serve

If Needed:

• Attorney Fee For Bench (Trial By Judge) Trial – $600.00 for One Day (Extra $400 Per Day If More Days Are Needed)
• Court Filing Fee For the Writ of Possession – $25.00
• Sheriff’s Fee For Enforcing Writ of Possession – $145.00

Commercial Or Residential Tenants:

Costs to Respond to Evictions

1. Answer to an Eviction: $300.00 Flat Fee
2. Motion To Quash Service – $300.00 Flat Fee
3. Motion To Strike – $300.00 Flat Fee
4. Demurrer – $300.00 Flat Fee

What is an Answer?

An Answer is your written response to the allegations made in the Plaintiff’s complaint. If you do file just an answer when an Unlawful Detainer is pending against you, you may lose certain rights the law affords you, while at the same losing precious extra time you could gain to get yourself off of your feet. An answer is one of the several documents you can file with the court to respond to a complaint.

What is a Motion to Quash Service of Summons?

Motion to Quash Service of Summons – a legal response that a tenant can file in an unlawful Detainer lawsuit if the tenant believes that the landlord did not properly serve the summons and complaint. A timely filed motion to quash avoids entry of default (CCP § 585(b)); and also does not subject defendant to the court’s personal jurisdiction.Within the five-day pleading deadline, defendants may file a motion to quash service of summons. Broadly, a motion to quash is used to challenge the court’s personal jurisdiction over the moving party.Call us today to have

Detainer lawsuit if the tenant believes that the landlord did not properly serve the summons and complaint. A timely filed motion to quash avoids entry of default (CCP § 585(b)); and also does not subject defendant to the court’s personal jurisdiction.Within the five-day pleading deadline, defendants may file a motion to quash service of summons. Broadly, a motion to quash is used to challenge the court’s personal jurisdiction over the moving party. Call us today to have a Motion to Quash Service prepared immediately. It not only may get the case dismissed, but it could buy you up to two weeks of time. If you have been served with papers illegally, meaning the person serving left the papers on your doorstep, or any other way where an actual person didn’t receive them, don’t sit around. You have options.

What is a Motion to Strike?

A Motion to Strike is a legal motion given by one party in a trial requesting the presiding judge order the removal of all or part of the opposing party’s pleading to the court. Motions to strike are most commonly asserted by the defendant to a matter contained in the plaintiff’s complaint; however, they may also be asserted by plaintiffs to a defendant’s answer or other pleadings such as cross-complaints. Federal Rules of Civil Procedure Rule 12(f)states that if a complaint contains “any redundant, immaterial, impertinent or scandalous matter,” it can be stricken upon motion. Similarly, California Code of Civil Procedure section 436 provides, in part, that a motion to strike may be made to strike out any “irrelevant, false, or improper matter inserted in any pleading.” A motion to strike is also used to request elimination of all or part of a trial witness’s testimony. During a jury trial, if the motion to strike witness testimony is accepted, the jury is instructed to disregard the stricken statements.It not only may get the case dismissed, but it could buy you up to four weeks of time.

What is a Demurrer?

A written response to a complaint filed in a lawsuit which, in effect, pleads for dismissal on the point that even if the facts alleged in the complaint were true, there is no legal basis for a lawsuit. A hearing before a judge (on the law and motion calendar) will then be held to determine the validity of the demurrer. Some causes of action may be defeated by a demurrer while others may survive. Some demurrers contend that the complaint is unclear or omits an essential element of fact. If the judge finds these errors, he/she will usually sustain the demurrer (state it is valid), but “with leave to amend” in order to allow changes to make the original complaint good. An amendment to the complaint cannot always overcome a demurrer, as in a case filed after the time allowed by law to bring a suit. If after amendment the complaint is still not legally good, a demurrer will be granted sustained. In rare occasions, a demurrer can be used to attack an answer to a complaint. Some states have substituted a motion to dismiss for failure to state a cause of action for the demurrer. It not only may get the case dismissed, but it could buy you up to four weeks of time.

Please keep in mind that if you have been served with eviction papers, you only have FIVE (5)days to file a response so please don’t wait to call us.

In order to take advantage of what the law affords you to defend yourself in an unlawful detainer action, you must file one of the above-mentioned documents BEFORE you file your Answer. Once you Answer, it is too late to file one of the above-mentioned documents.

Why go with those other paralegals and Document Preparation Services when you can get the guidance and assistance of an attorney using our services for the same price. We are conveniently located a couple of blocks from the Van Nuys Courthouse/Civic Center. Please note that the above-quoted prices do not include any court or process server fees. We will be glad to review your financial situation with you to see if you qualify for a Waiver of Court Fees and Costs.

Don’t Do It Alone

All legal advice, legal consultations, legal guidance, and legal support is offered through one of our in-house attorneys. A Paralegal from the Legal Dox prepares your legal documents. Our in-house attorneys can also provide Limited Scope Representation for you in Court for a very small fee, should you feel more comfortable having an attorney present with you in court.

Here are six reasons to choose our Paralegal and Document Preparation Service:

• Attorney Consultation And Guidance
• Low-Cost Alternative To Hiring A Lawyer
• Quick Resolution Of All Of Your Legal Matters
• No Case Too Big Or Too Small
• Help With Any Area Of Law
• Low Price Flat Rates

At Legal Dox, each client gets the individual care they deserve no matter how big or small your case. We take pride in providing excellent service. Our office is local, and anyone is welcome to come in for a consultation.