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Ca Law for eviction of commercial business

El Monte, CA |

I am in the process of evicting a tenant for my mother . He has been in the business for over 20 years . After the passing of my father he manipulated my mother and began only paying partial rent . He didn't know how to handle the situation and allowed this behavior to continue for over a year . He is now behind over 26 , 500 . 00 dollars . I began the eviction process and discovered due to the sum of money the case must be handle in Superior Court . Should the defendant failed to response can't I file a judgment by default or must the case appear before a judge for a Case Management conference ?

Attorney Answers 4


  1. If the tenant does not file an answer, you may proceed by default.


  2. If the tenant fails to timely respond to the complaint, you can file for a default and clerk's judgment. You can find useful forms at

    http://www.courts.ca.gov/forms.htm?filter=UD


  3. If the defendant fails to respond to the summons & complaint, you may submit a request for entry of default (Judicial Council for CIV-100). And then, once default has been entered, you may submit your request for default judgment (see California Code of Civil Procedure Section 585(d)).


  4. It is not clear whether the complaint for unlawful detainer names the correct plaintiff. Is the landlord your father? Or both your mother and father as individuals?

    If the landlord is an entity such as a corporation, LLC or limited partnership, it must be represented by counsel in order to participate in litigation.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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