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Unlawful Detainer Verified By Attorney

Long Beach, CA |

I am aware that a unlawful detainer may be verified by Plaintiffs Attorney however I was under the impression that it must be accompanied by an affidavit by plaintiff?

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Filed under: Filing a lawsuit
Attorney answers 3

Posted

No, if the verification is signed by the attorney because the plaintiff is not within the county, there is no requirement that the unlawful detainer complaint also be accompanied by an affidavit by plaintiff.

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.

Frank Wei-Hong Chen

Frank Wei-Hong Chen

Posted

Keep in mind that in California, the reason for the verification on a complaint for unlawful detainer is not the signature or the identity of the party doing the verification. The reason for the verification is to plead facts in the complaint or separate affidavit showing the action has been commenced in the “proper court” and “proper court location” for the claim involved, otherwise the action is subject to dismissal. Cases hold that a mere “technical defect” in the verification does not render it insufficient. (Sheeley v. City of Santa Clara (1963) 215 Cal.App.2d 83, 86.) In fact, California courts have held that “A verification may be upheld although signed by the party's attorney, rather than by the party. The mistake is a matter of ‘form’ rather than ‘substance.’” (Soltani-Rastegar v. Sup.Ct. (Brinzo) (1989) 208 Cal.App.3d 424, 428.)

Posted

It does not have to be accompanied by an affidavit.

Posted

There is no requirement that it be accompanied by an affidavit. You already have the verification.

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