Unlawful Detainer with money judgment but the writ was for possession of real property

You need to apply for and obtain a Writ of Execution. You can then collect the money judgment the same was as you would collect a small claims...

Trial de Novo or Summary Judgement

If you indeed have a large legal malpractice claim, it is imperative that you seek the advice of a malpractice attorney, notwithstanding the...

What happens is Plaintiff files an Amended Complaint 3 days after deadline on Court order sustaining Demurrer w/ leave to amend?

No, you should not file a Motion to Strike if the only reason is the untimeliness of the Second Amended Complaint. If there was a Notice of Ruling...

Entry of Default Request (CIV-100) is rejected. How to overturn the decision?

When a Request for Entry of Default is rejected, you can only correct and resubmit it. There is no procedure for "overturning" the clerk's...

No, just droping a copy of the Plaintiff's Claim would not constitute proper service of process. Nevertheless, the plaintiff could claim you were...

Do we answer SC actions against us if we've done a Motion to Consolidate and the hearing is soon?

No. In California, unlike a superior court action, there is no requirement and no procedure to "answer" a Plaintiff's Claim in small claims court....

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Who do serve papers to?

If you are suing a business in small claims court, you need to determine the type of entity first. Check online at...

The demurrer to your cause of action for malicious prosecution in your cross-complaint was properly sustained without leave to amend because you...

The court's sole function on a motion for summary judgment is issue-finding, not issue-determination. A motion for summary judgment requires the...

Possibly, but it is often risky for a tenant to do so. Under California law, a tenant is allowed to withhold some or all of the rent if the...