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Remove DOE defendant from unlawful detainer

Fresno, CA |
Filed under: Landlord-tenant

I got the unlawful detainer by default from the clerk for possession of the property. I filed the request for entry of default. I was denied because "court's judgment cannot be granted unless all DOE defendants are dismissed." How do I dismiss the "DOE"? On my original complaint I checked DOES 1 to 2. I only listed one defendant - the tenant.

Attorney Answers 3

Posted

File a request for entry of dismissal, form no. CV-110. Check boxes 1(a)(2) and 1(b)(6). In the space after 1(b)(6), write, "Does 1 and 2 only."

I have found that there is no need to name Does in an unlawful detainer action. You name Does if you are worried about discovering defendants after the statute of limitations has expired, but the statute of limitations is never in issue in UDs.

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Posted

You should seek the aid of an attorney in these matters to effectuate return of the property within the shortest period allowed under the law. In any case, you must file a request for dismissal for the doe defendants.

This response is not intended, nor should it be construed as legal advice. Any information provided is for educational purposes only. The exchange of communications through Avvo.com and similar social media does not establish an attorney-client relationship with me or my office. To schedule an appointment for an attorney-client privileged consultation, contact me at 909-860-0342. Thank you.

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Posted

Did you add the DOEs because you suspected there were unauthorized occupants living in the premises? If yes, did you have the process server serve a Prejudgment Claim of Right to Possession along with the the Complaint & Summons? If yes, you can request a default & default judgment against "All Unknown Occupants" in the same manner you requested default against the named defendant.

If you did not have a Prejudgment Claim of Right to Possession served, then you should dismiss the DOEs as suggested by Mr. Eschen.

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