I recommend that you slow down a little. If you are evicting a tenant you should probably be going to Superior Court, limited Civil Division rather than Small Claims. Also as you are both owners of the property, you will both need to be named as plaintiffs and someone else will need to serve the unlawful detainer summons and complaint. I recommend that you review the attached link and contact a housing law attorney in your community.
This is not a substitute for a consultation with a housing law attorney in your community.
I agree with Ms. Macklin. As I stated in another post, these are 2 separate issues (damages and possession of property). An eviction get you possession, a civil suit gets you money for damages.
Further, as wife is owner, she SHOULD be named as a plaintiff. Further, as she has an interest in the outcome of the case, she CANNOT serve process.
If you have further questions, be sure to speak with an attorney that knows about Small Claims. Try: www.smallclaimsappeals.com
Law Office of Adam Jay Jaffe
124 Lomas Santa Fe Dr, #204
Solana Beach, CA 92075
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