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Property owner is husband and wife. I should put both or just one of the owner on SC-100 small claim court as plaintiff?

San Bernardino, CA |

We want to evict tenant. If husband is the only plaintiff on SC-100 form, can wife serve the court paper? We serve the notice after trail date is set by court?

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Attorney answers 2

Best Answer

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:

Adam Jaffe Law Office of Adam Jay Jaffe 124 Lomas Santa Fe Dr, #204 Solana Beach, CA 92075 (619) 810-7964 This posting is provided for “information purposes” only and should not be relied upon as "legal advice". Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different states.

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