Service for Process Servers:
Same day to two days for rush service
Basic local routine service of
process $65.00
Basic routine service of process in a rural area $85.00
Special handling service of process $175.00
Levies, writs and
wage garnishments $375.00
Additional documents served/same time, same place.
$30.00
Rush fees, per document, per service $150.00
Miscellaneous charges . . . as incurred
Stakeout required to serve process. $75.00 per
hour, minimum 2 hour charge
Documents that are to be served including but not limited to :
Summons and complaints
Small claims
Cross-complaints
Writs,
Garnishments
Bank levies
Record Subpoenas
Personal Subpoenas
Three day notice can't have un-rent item, no late payment
proof of summon can't not miss item 6 until 8
did you serve three day notice? did you serve summon? how much do you charge?
please identify who you are in the case? are you witness representing the plaintiff?
do you have your proposed judgement (at the end)? how much are you asking for (one thousand for filing is too expensive but how much you pay for the court fee? $240 and how much for server? $65
please identify who you are in the case? are you witness representing the plaintiff?
do you have your proposed judgement (at the end)? how much are you asking for (one thousand for filing is too expensive but how much you pay for the court fee? $240 and how much for server? $65
in civil case summon form for kim
| Eviction Staff Business Card |
| 3daynotice.pdf |
| laterentletter120012012.docx |
http://www.lasikfraud.com/crsqa/brent_hanson/85-011924/2008-12-19_motion_to_quash_redacted.pdf
Instructions
1
Download a notice of motion form from your local district court website or visit your court and get a copy from the clerk. Ask the clerk what the deadline is for you to file the motion.
2
Fill out the form. Under plaintiff insert the name of your landlord, or the person who filed the lawsuit against you. You are the defendant. Request a hearing. Insert a date within 30 days from the filing date. Insert the judge's name and the address of the courthouse if it is not already on the form. Add, "Special appearance and motion to quash service of summons" as the reason you are requesting the hearing. Sign the form.
Sponsored Links
Online Documents
Access and Manage Documents online in one place, free.
www.sohoos.com
3
Fill in the reason for the motion. Add information about why the service was improper. If your age, address or any other fact on the certificate of service is incorrect. List any reason that proves the court does not have jurisdiction, including that you do not live in the state. Get the form notarized.
4
File the motion with the clerk of your local district court. Get a copy and a certificate of service form from the clerk. Ask the clerk to set it up for the "court call" -- so that the judge sets a hearing date.
5
Have the motion served on the plaintiff. Contact your local sheriff's office or process server to have the form served. Give them both the motion copy and the certificate of service. The process server or sheriff will fill it out and return it to you when the plaintiff has been served.
6
Attend the hearing. The plaintiff will have the opportunity to reply in writing before the hearing or orally during the hearing, and you will have the opportunity to present your reasons for the motion. The judge will make a decision.
7
File pleadings within five days of the court date, if the judge denies your motion to quash. Include a request for additional time, if you need it. You can ask for up to 15 additional days to get your case together. The judge cannot enter a default judgment during this time. You can also choose not to defend your case and the judge will enter a default judgment against you.
Read more: How to File a Motion to Quash a Service of Summons | eHow.com http://www.ehow.com/how_8715239_file-motion-quash-service-summons.html#ixzz2CemtgKpL
1
Download a notice of motion form from your local district court website or visit your court and get a copy from the clerk. Ask the clerk what the deadline is for you to file the motion.
2
Fill out the form. Under plaintiff insert the name of your landlord, or the person who filed the lawsuit against you. You are the defendant. Request a hearing. Insert a date within 30 days from the filing date. Insert the judge's name and the address of the courthouse if it is not already on the form. Add, "Special appearance and motion to quash service of summons" as the reason you are requesting the hearing. Sign the form.
Sponsored Links
Online Documents
Access and Manage Documents online in one place, free.
www.sohoos.com
3
Fill in the reason for the motion. Add information about why the service was improper. If your age, address or any other fact on the certificate of service is incorrect. List any reason that proves the court does not have jurisdiction, including that you do not live in the state. Get the form notarized.
4
File the motion with the clerk of your local district court. Get a copy and a certificate of service form from the clerk. Ask the clerk to set it up for the "court call" -- so that the judge sets a hearing date.
5
Have the motion served on the plaintiff. Contact your local sheriff's office or process server to have the form served. Give them both the motion copy and the certificate of service. The process server or sheriff will fill it out and return it to you when the plaintiff has been served.
6
Attend the hearing. The plaintiff will have the opportunity to reply in writing before the hearing or orally during the hearing, and you will have the opportunity to present your reasons for the motion. The judge will make a decision.
7
File pleadings within five days of the court date, if the judge denies your motion to quash. Include a request for additional time, if you need it. You can ask for up to 15 additional days to get your case together. The judge cannot enter a default judgment during this time. You can also choose not to defend your case and the judge will enter a default judgment against you.
Read more: How to File a Motion to Quash a Service of Summons | eHow.com http://www.ehow.com/how_8715239_file-motion-quash-service-summons.html#ixzz2CemtgKpL
TYPES OF RESPONSES
There are numerous options for your response. You will need to select the option that best
suits your situation.
ANSWER
An Answer is the most common way to respond to a lawsuit. The Answer is the
defendant's opportunity to admit or deny the specific allegations brought against them
in the complaint. Any statements in the complaint that are not denied will be taken as
true for the purposes of this case. (CCP 431.30(b)(1)).
In the Answer, all defenses to the allegations of the complaint must be raised, and all
facts essential to supporting the particular defense must be included. These are called
Affirmative Defenses. If you do not raise a particular defense in your answer, you will
be prohibited from using or raising it later on.
More Information and Forms:
Fill-in-the-blanks forms are available for Answers to specific types of cases:
Answer-Personal Injury, Property Damage, Wrongful Death (form
PLD-PI-003)
Answer-Contract (form PLD-C-010)
GENERAL DENIAL
A General Denial is a simple response to an action. In one sentence, the defendant
denies every allegation in the complaint. The defendant may also state separate facts
as affirmative defenses to the complaint.
Use of the Judicial Council form is mandatory if the amount asked for is less than
$1,000. The form may also be used if:
The complaint is not verified*.
The complaint is verified*, but is being heard in the limited jurisdiction civil court,
unless the case involves a claim for more than $1,000 that has been assigned to
a third party for collection.
*A complaint is considered verified if, at the end of the complaint, the plaintiff swears
under penalty of perjury that everything is true and correct.
If your case does not meet the guidelines for the mandatory Judicial Council form, you
will instead use your Answer to admit or deny each allegation.
Forms:
If your case meets the guidelines for the mandatory Judicial Council form:
General Denial (Form PLD-050)
DEMURRER
A Demurrer is used to tell the court that the allegations in the complaint do not provide
legally sufficient reason for the defendant to be sued. A Demurrer questions only the
legal sufficiency of the allegations, not their truth or the plaintiff's ability to prove them.
In the Demurrer, the defendant must state what was left out of the complaint to make
it legally insufficient.
The defendant can object to all or just parts of the complaint on various grounds,
including:
The complaint fails to state a cause of action.
The complaint is uncertain or unclear.
Another action is pending between the parties for the same cause of action.
The plaintiff does not have the legal capacity to sue.
Additional grounds for filing a demurrer can be found at CCP 430.10.
If the Demurrer is overruled, the defendant must file an Answer to the original
complaint within 10 days (CRC Rules 3.1320(g), (j)). If the Demurrer is sustained, the
plaintiff can correct the errors in the complaint, re-serve the defendant, and the case
will proceed.
MOTION TO QUASH SERVICE OF SUMMONS
A Motion to Quash Service of Summons attacks the method the plaintiff used to serve
the summons and complaint.
Common grounds include:
Defect in the method of serving the summons.
Defect in the summons itself.
Failure to name the defendant in the summons.
Failure to serve the summons altogether.
A Motion to Quash based on improper service usually will not dispose of a case
permanently. If plaintiff can properly serve the defendant, the case will proceed.
MOTION TO STRIKE
With a Motion to Strike, the defendant asks the court to eliminate some of the
language in the complaint. In limited jurisdiction cases, parties may only use this
motion to attack the "prayer" portion of the complaint, where the plaintiff states the
amount of money or relief being requested.
All or part of a pleading may be deleted on the various grounds set forth in CCP 436,
including:
It is not understandable.
It is not legal.
It repeats itself.
It is immaterial.
A Motion to Strike is similar to a Demurrer, but is used to remove specific parts of a
pleading, including phrases or individual words. A Motion to Strike is used to attack a
specific portion of a cause of action, while a Demurrer is used to attack the entire cause
of action.
MOTION TO CHANGE VENUE/TRANSFER
A Motion to Change Venue or Transfer asks the court to move the case to another
court. This can be a court in another county or a different type of court.
Be careful of the timing of this type of motion; you will need to allow yourself enough
time to file an Answer. Grounds under which venue can be changed include:
The case was filed in the wrong court.
An impartial trial cannot be had in the original court.
Witness convenience and the ends of justice are promoted by the transfe.r
No judge of the court is qualified to act.
The case involves the state, city, county, or local agency.
Changing venue does not terminate the case, it merely moves it to a different court.
CROSS-COMPLAINTS
If you have a claim that arises out of the same transaction, occurrence, or series of
events as the plaintiff's lawsuit, you must file a Cross-Complaint with your Answer, or
else give up the claim forever.
There are numerous options for your response. You will need to select the option that best
suits your situation.
ANSWER
An Answer is the most common way to respond to a lawsuit. The Answer is the
defendant's opportunity to admit or deny the specific allegations brought against them
in the complaint. Any statements in the complaint that are not denied will be taken as
true for the purposes of this case. (CCP 431.30(b)(1)).
In the Answer, all defenses to the allegations of the complaint must be raised, and all
facts essential to supporting the particular defense must be included. These are called
Affirmative Defenses. If you do not raise a particular defense in your answer, you will
be prohibited from using or raising it later on.
More Information and Forms:
Fill-in-the-blanks forms are available for Answers to specific types of cases:
Answer-Personal Injury, Property Damage, Wrongful Death (form
PLD-PI-003)
Answer-Contract (form PLD-C-010)
GENERAL DENIAL
A General Denial is a simple response to an action. In one sentence, the defendant
denies every allegation in the complaint. The defendant may also state separate facts
as affirmative defenses to the complaint.
Use of the Judicial Council form is mandatory if the amount asked for is less than
$1,000. The form may also be used if:
The complaint is not verified*.
The complaint is verified*, but is being heard in the limited jurisdiction civil court,
unless the case involves a claim for more than $1,000 that has been assigned to
a third party for collection.
*A complaint is considered verified if, at the end of the complaint, the plaintiff swears
under penalty of perjury that everything is true and correct.
If your case does not meet the guidelines for the mandatory Judicial Council form, you
will instead use your Answer to admit or deny each allegation.
Forms:
If your case meets the guidelines for the mandatory Judicial Council form:
General Denial (Form PLD-050)
DEMURRER
A Demurrer is used to tell the court that the allegations in the complaint do not provide
legally sufficient reason for the defendant to be sued. A Demurrer questions only the
legal sufficiency of the allegations, not their truth or the plaintiff's ability to prove them.
In the Demurrer, the defendant must state what was left out of the complaint to make
it legally insufficient.
The defendant can object to all or just parts of the complaint on various grounds,
including:
The complaint fails to state a cause of action.
The complaint is uncertain or unclear.
Another action is pending between the parties for the same cause of action.
The plaintiff does not have the legal capacity to sue.
Additional grounds for filing a demurrer can be found at CCP 430.10.
If the Demurrer is overruled, the defendant must file an Answer to the original
complaint within 10 days (CRC Rules 3.1320(g), (j)). If the Demurrer is sustained, the
plaintiff can correct the errors in the complaint, re-serve the defendant, and the case
will proceed.
MOTION TO QUASH SERVICE OF SUMMONS
A Motion to Quash Service of Summons attacks the method the plaintiff used to serve
the summons and complaint.
Common grounds include:
Defect in the method of serving the summons.
Defect in the summons itself.
Failure to name the defendant in the summons.
Failure to serve the summons altogether.
A Motion to Quash based on improper service usually will not dispose of a case
permanently. If plaintiff can properly serve the defendant, the case will proceed.
MOTION TO STRIKE
With a Motion to Strike, the defendant asks the court to eliminate some of the
language in the complaint. In limited jurisdiction cases, parties may only use this
motion to attack the "prayer" portion of the complaint, where the plaintiff states the
amount of money or relief being requested.
All or part of a pleading may be deleted on the various grounds set forth in CCP 436,
including:
It is not understandable.
It is not legal.
It repeats itself.
It is immaterial.
A Motion to Strike is similar to a Demurrer, but is used to remove specific parts of a
pleading, including phrases or individual words. A Motion to Strike is used to attack a
specific portion of a cause of action, while a Demurrer is used to attack the entire cause
of action.
MOTION TO CHANGE VENUE/TRANSFER
A Motion to Change Venue or Transfer asks the court to move the case to another
court. This can be a court in another county or a different type of court.
Be careful of the timing of this type of motion; you will need to allow yourself enough
time to file an Answer. Grounds under which venue can be changed include:
The case was filed in the wrong court.
An impartial trial cannot be had in the original court.
Witness convenience and the ends of justice are promoted by the transfe.r
No judge of the court is qualified to act.
The case involves the state, city, county, or local agency.
Changing venue does not terminate the case, it merely moves it to a different court.
CROSS-COMPLAINTS
If you have a claim that arises out of the same transaction, occurrence, or series of
events as the plaintiff's lawsuit, you must file a Cross-Complaint with your Answer, or
else give up the claim forever.
EXAMPLES OF MOTIONS
Motions are written documents that ask the court to make orders. Motions can come before, during, or after the trial. Any party may file a Motion. The opposing party may contest the Motion by filing an Opposition to the Motion.
PRETRIAL MOTIONS:
Demurrer to the pleadings
Motion to quash summons
Motion to strike pleadings
Motion to transfer case to another court
Motion to continue (postpone) trial
Motion to compel discovery
Motion for summary judgment
POST-TRIAL MOTIONS:
Motion for new trial
Motion to tax costs
Motion to amend judgment
Motions are written documents that ask the court to make orders. Motions can come before, during, or after the trial. Any party may file a Motion. The opposing party may contest the Motion by filing an Opposition to the Motion.
PRETRIAL MOTIONS:
Demurrer to the pleadings
Motion to quash summons
Motion to strike pleadings
Motion to transfer case to another court
Motion to continue (postpone) trial
Motion to compel discovery
Motion for summary judgment
POST-TRIAL MOTIONS:
Motion for new trial
Motion to tax costs
Motion to amend judgment
Proof of Service mean what? Click on following link
http://answers.google.com/answers/threadview/id/436439.html
Experienced on Property: 842 S 49th St, Richmond Ca
Name: Shernae Thompson kkcpropertymanagement
4/22/11
Experienced on Property: 842 S 49th St, Richmond Ca
Name: Shernae Thompson kkcpropertymanagement
4/22/11
Date that remind Reader......
KK and C KK and C kkcpropertymanagement -- gmail.com
8/23/11
to me
Hi Francis,
Please email the details and pics to me for filing for wendy's listing. Thanks!
.
8/23/11
to me
Hi Francis,
Please email the details and pics to me for filing for wendy's listing. Thanks!
.
http://evictionresidential.cc-courthelp.org/index.cfm?fuseaction=page.viewPage&pageID=1286&nodeID=7&stopRedirect=1
http://www.courts.ca.gov/documents/cm010.pdf
http://www.courts.ca.gov/documents/sum130.pdf
Ellis Act in Oakland Rent Adjustment Board fileshttp://www2.oaklandnet.com/Government/o/CEDA/o/hcd/s/LandlordResources/DOWD008754
all formhttp://www.cc-courts.org/index.cfm?fuseaction=page.viewPage&PageID=5601&varuniqueuserid=91371369370&stopRedirect=1
Withdrawing a Rental Unit from the Market ("Ellis Act")
Section 7060 et seq. of the California Government Code (also known as the "Ellis Act") allows owners to completely and permanently withdraw rental units from the market. The City of Oakland has specific requirements that must be followed when withdrawing a property under the provisions of the Ellis Act.
The procedures in the City of Oakland for compliance with the Ellis Act (Government Code § 7060 et seq.) are set forth in Sections 8.22.400 through 8.22.480 of the Oakland Municipal Code.
Withdrawal of rental units from the rental market is a very serious and sometimes complicated matter, and owners are strongly encouraged to seek and obtain legal advice concerning their own particular circumstances. Once a tenant is given a Notice of Termination (Form 1) and vacates any unit on the property, the application cannot be withdrawn.
An Owner withdraws his property from the rental market under the Ellis Act and Oakland Ordinance by filing with the Rent Adjustment Program a series of documents called the “Withdrawal Notices” (consisting of the notice to tenants of termination and the notice to the rent adjustment program, and a certification recorded in the recorder’s office, plus filing fee). These must be signed by all owners of record, subject to penalty for perjury.
120 days after filing the Withdrawal Notices, or one (1) year if the tenant is sixty-two (62) years of age or older and/or disabled, the withdrawal is effective. Withdrawal may not be used to withdraw less than all of the rental units on the property, nor to withdraw a rental unit during a fixed term lease, nor to retaliate or discriminate against a tenant.
The laws only apply to physical structures containing four or more residential units or with respect to a detached physical structure containing three or fewer rental units, the rental units in that structure and in any other structure located on the same parcel of land, including any detached physical structure.
Lower income households are entitled to relocation assistance which consists of two months rent in effect at the time of the notice of termination.
Tenants who provide a written notice of interest in re-renting should the unit be put back on the market within ten years must be offered first chance to rent.
You are required to keep the Rent Adjustment Program advised if you intend to re-rent your property.
For More Information
The procedures in the City of Oakland for compliance with the Ellis Act (Government Code § 7060 et seq.) are set forth in Sections 8.22.400 through 8.22.480 of the Oakland Municipal Code.
Withdrawal of rental units from the rental market is a very serious and sometimes complicated matter, and owners are strongly encouraged to seek and obtain legal advice concerning their own particular circumstances. Once a tenant is given a Notice of Termination (Form 1) and vacates any unit on the property, the application cannot be withdrawn.
An Owner withdraws his property from the rental market under the Ellis Act and Oakland Ordinance by filing with the Rent Adjustment Program a series of documents called the “Withdrawal Notices” (consisting of the notice to tenants of termination and the notice to the rent adjustment program, and a certification recorded in the recorder’s office, plus filing fee). These must be signed by all owners of record, subject to penalty for perjury.
120 days after filing the Withdrawal Notices, or one (1) year if the tenant is sixty-two (62) years of age or older and/or disabled, the withdrawal is effective. Withdrawal may not be used to withdraw less than all of the rental units on the property, nor to withdraw a rental unit during a fixed term lease, nor to retaliate or discriminate against a tenant.
The laws only apply to physical structures containing four or more residential units or with respect to a detached physical structure containing three or fewer rental units, the rental units in that structure and in any other structure located on the same parcel of land, including any detached physical structure.
Lower income households are entitled to relocation assistance which consists of two months rent in effect at the time of the notice of termination.
Tenants who provide a written notice of interest in re-renting should the unit be put back on the market within ten years must be offered first chance to rent.
You are required to keep the Rent Adjustment Program advised if you intend to re-rent your property.
For More Information
- Oakland Municipal Code Requirements
Link to Oakland Municipal Code sections pertaining to Ellis Act withdrawals
- How to Comply with Oakland's Requirements for Ellis Act withdrawals
Step by Step Instructions
- Ellis Act Filing Checklist
Checklist of Filing Requirements and Deadlines
Forms for Ellis Act Conversions
The following forms are used to apply to withdraw a unit from the rental market under the provisions of the Ellis Act, and for tenants to respond to Ellis Act notices.
Consult the Instructions and Checklist for more information.
Consult the Instructions and Checklist for more information.
- Form 1: Notice of Termination of Tenancy
- Form 2: Notice of Tenant Rights
- Form 3: Notice of Interest in Re-renting Rental Unit
- Form 4: Notice to Rent Adjustment Program of Intent to Withdraw Rental Unit from Rental Market
- Form 5: Certificate and Summary of Notice of Intent to Withdraw Rental Units From Rental Market
- Form 6: Notice of Entitlement to Extension Due to Disability or Age
- Form 7: Owner Notice to Rent Adjustment Program of Tenant Claim for Extension Due to Disability or Age
- Form 8: Owner Request for Information to Tenant Concerning Claim for Extension Due to Disability or Age
- Form 9: Tenant Response to Owner Request for Information Concerning Claim for Extension Due to Disability or Age
- Form 10: Notice to Tenant and Rent Adjustment Program of Extension of Date of Withdrawal of Rental Unit From Rental Market
- Form 11: Proof of Service
- Form 12: Notice to Owner of Entitlement to Relocation Benefit Payment
- Form 13: Owner Request for Documentation to Tenant Concerning Relocation Benefit Claim
- Form 14: Tenant Response to Owner Request for Documentation Concerning Relocation Benefit Claim
- Form 15: Notice of Payment of Relocation Benefit to Tenant
- Form 16: Notice of Intent to Re-offer Withdrawn Rental Units for Rent
- Form 17: Notice to Rent Adjustment Program of Constraints on Real Property
- Form 18: Notice of Constraints on Real Property
- Form 19: Request for Expungement of Constraints Upon Satisfaction of Constraints
- Form 20: Notice to Rent Adjustment Program of Rescission of Notice to Rent Adjustment Program of Intent to Withdraw Rental Unit From Rental Market
Points to Ponder
Why 3 days Notice? Notice to PAY or Quit
why 30 days Notice afterward? Notice to let you MOVE and find property
why 60 days instead? Because tenants stay 1 year minimum and need more time to find and move stuff
When will 3 days Notice and directly to 7 days to move without 30 days Notice (like a Real Eviction as sometimes evictors said? Hey don't I evict you if I prove your illegality like pot planting, illegal prostituting
How many copies in different timing? 2 copies originally, then if I need sherriff to serve and mail and court, then 5 copies (simply 2 and 5)
why 30 days Notice afterward? Notice to let you MOVE and find property
why 60 days instead? Because tenants stay 1 year minimum and need more time to find and move stuff
When will 3 days Notice and directly to 7 days to move without 30 days Notice (like a Real Eviction as sometimes evictors said? Hey don't I evict you if I prove your illegality like pot planting, illegal prostituting
How many copies in different timing? 2 copies originally, then if I need sherriff to serve and mail and court, then 5 copies (simply 2 and 5)
