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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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Just want to verify that im taking the correct steps in the

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Just want to verify that im taking the correct steps in the eviction process of a tenant in CA. The 5 days will be up on tuesday to wait for a response, after him being served the unlawful detainer. Pretty sure i have everything i need for the next step but do have a few questions.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Customer: replied 3 months ago.
Im pretty sure my questions are relatively basic

It looks like you have your UD action fairly well in hand for a default assuming that your tenant does not file an answer by Tuesday.

What questions did you have regarding this process?

Customer: replied 3 months ago.
Yeah, hes not gonna file it cause mondays a holiday. Once ive filed the request for entry of default, judgement unlawful detainer and writ of execution, will we still needta appear in court? Also do i have all the neccessary forms?

If the last day is Tuesday - then he has all day Tuesday to file.

You can file your motion for entry of default on Wednesday.

Assuming he does not file an appearance, the entry of default will be done by the court clerk, you do not need to appear before the judge.

Regarding forms, I would recommend checking the California Courts website (here: http://www.courts.ca.gov/selfhelp-eviction.htm) for another (more simplified) overview, see this link to the Santa Clara County Courts website for entry of UD Defaults (this information is good statewide): http://www.scscourt.org/self_help/civil/ud/ud_no_answer.shtml

Customer: replied 3 months ago.
Well i filed it last tuesday, so wouldnt this tuesday be the day?

For calculating time, if the last day falls on a weekend or holiday, the deadline is the next court day following.

So, if your tenant's last day to file was anytime this weekend, their last day to file is Tuesday (Mon. is a holiday), and they have all day Tues. to file.

So you can take their default first thing Wens. morning, assuming they fail to file an answer.

Customer: replied 3 months ago.
Im not following. I filed tuesday, monday is a holiday. Thats 6 days.

You had the misfortune of filing just before a 3 day weekend.

The tenant has the benefit of a full 5 days, (it would be unfair to a litigant (any litigant, not just your tenant) for their notice period to be shortened simply because the courts are closed for a holiday).

To avoid this, the Code of Civil Procedure places the deadline for most legal process (most, not all, this gets more complex in other matters), as being the next court day following a holiday or weekend.

In your case, your 5 days end on the weekend, the next court day is Tuesday, your tenant has that court day to file.

If they fail to file, you can file for a default on Wens.

Customer: replied 3 months ago.
Ok gotcha.

But assuming they miss the deadline to file on Tues. You can follow the links above to walk through the entry of default with the clerk (you do have to serve them with this again (this service is done via USPS rather than the type of service you needed to start your case), and you can get your judgment of possession, and writ of eviction.

(The Santa Clara Court website is helpful because it breaks it down into a step by step process).

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