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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 38801
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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How to file a default? We have already served proof of

Customer Question

Good Morning,
How to file a default? We have already served proof of service, and filed with the court, they have removed the Order to show cause hearing off the calendar, on 9/27 without me in Dept 62. Now the defendant has not responded, and the next hearing is on November 15, which is the case mgmt conference. I have been told that I can request an entry of default, and one approved, I can go get the title placed in my name, please advise... Please make a note of the Case Number.
Click here to access document images for this case.
If this link fails, you may go to the Case Document Images site and search using the case number ***** on this page.
Case Number: BC631196
GEROME RILEY VS CHARLES EDWARD RILEY
Filing Date: 08/19/2016
Case Type: Quiet Title (General Jurisdiction)
Status: Pending
Future Hearings
11/15/2016 at 08:30 am in department 62 at 111 North Hill Street, Los Angeles, CA 90012
Conference-Case Management
Documents Filed | Proceeding Information
Parties
DOES 1 THROUGH 10 - Defendant/Respondent
RILEY CHARLES EDWARD - Defendant/Respondent
RILEY GEROME - Plaintiff & Plaintiff In Pro Per
Case Information | Party Information | Proceeding Information
Documents Filed (Filing dates listed in descending order)
09/16/2016 Proof-Service/Summons (CHARLES EDWARD RILEY )
Filed by Plaintiff & Plaintiff in Pro Per
08/22/2016 OSC-Failure to File Proof of Serv
Filed by Clerk
08/22/2016 Notice-Case Management Conference
Filed by Clerk
08/19/2016 Complaint
Case Information | Party Information | Documents Filed
Proceedings Held (Proceeding dates listed in descending order)
09/27/2016 at 09:00 am in Department 62, Michael L. Stern, Presiding
Court Order - Completed
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  socrateaser replied 8 months ago.

Hello,

I am a member of the State Bar of California, the Bar of the U.S. District Court for the Central District of California (San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside Counties), and the California and National Associations of Realtors. Please permit me to assist.

You do not need to wait for the case management conference. The general procedure to obtain possession of a rental property is to use Judicial Council Form CIV-100 and request both the defendants' default, and a judgment of possession at the same time. You will also use Form UD-110 (judgment of possession), and EJ-130 (writ of possession for the sheriff).

If you need specific assistance with the process, I can send you a premium services offer and we can take this matter offline into an attorney-client relationship. Please let me know if you're interested.

If not, then I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Customer: replied 8 months ago.
This is not a rental property this is an Estate that was willed to Gerome Riley in 2008. We have been living here before and after his mother death, paying the mortgage, and we need to request a default entry since the brother did not respond, please advise...Please make a note of the Case Number.
Click here to access document images for this case.
If this link fails, you may go to the Case Document Images site and search using the case number ***** on this page.
Case Number: BC631196
GEROME RILEY VS CHARLES EDWARD RILEY
Filing Date: 08/19/2016
Case Type: Quiet Title (General Jurisdiction)
Status: PendingFuture Hearings11/15/2016 at 08:30 am in department 62 at 111 North Hill Street, Los Angeles, CA 90012
Conference-Case ManagementDocuments Filed | Proceeding InformationParties
DOES 1 THROUGH 10 - Defendant/Respondent
RILEY CHARLES EDWARD - Defendant/Respondent
RILEY GEROME - Plaintiff & Plaintiff In Pro Per
Case Information | Party Information | Proceeding InformationDocuments Filed (Filing dates listed in descending order)
09/16/2016 Proof-Service/Summons (CHARLES EDWARD RILEY )
Filed by Plaintiff & Plaintiff in Pro Per
08/22/2016 OSC-Failure to File Proof of Serv
Filed by Clerk
08/22/2016 Notice-Case Management Conference
Filed by Clerk
08/19/2016 Complaint
Case Information | Party Information | Documents FiledProceedings Held (Proceeding dates listed in descending order)
09/27/2016 at 09:00 am in Department 62, Michael L. Stern, Presiding
Court Order - Completedd I need
Expert:  socrateaser replied 8 months ago.

Oh, okay.

I have a court appearance in 30 minutes. Please permit me to get back to you in a few hours.

Thanks in advance for your patience, and for using Justanswer!

Customer: replied 8 months ago.
I really just need to know which forms to fill out, and how to fill them out that is it. Do you have an example for my situation, and I will verify with the clerk today
Expert:  socrateaser replied 8 months ago.

Okay, I'm back. Thanks for your patience.

1. In a quiet title action, a plaintiff cannot use the expedited judgment of possession process which is permitted in an unlawful detainer action. Instead, you must use the same process that's use in any regular civil action.

2. Here is a link to step-by-step instructions to obtain a default judgment.

3. Obtaining a default "judgment" is not the same thing as obtaining "entry of default." These are two separate and required steps (entry of default, followed by judgment of quiet title).

4. You cannot obtain a judgment of default from the clerk, because the clerk can only award money damages and not possession or an award of title to real property (except in a unlawful detainer action).

5. You must first obtain the entry of default from the clerk, and then ask the court to set a "prove up" hearing, so that you can obtain a judgment of possession and damages (if you requested damages in your original complaint). You cannot obtain a judgment of quiet title without an actual court hearing. See LASC Local Rule 3.201(b).

6. Once you prove the facts of the case, the judge can award judgment of title to you -- and, assuming you originally pleaded for possession of the property, then the judge can award possession in the judgment.

7. Once you have the judgment of possession, you can fill out the Form EJ-130 writ of possession so that the sheriff can remove the occupant of the property.

8. If you need more assistance in preparing the paperwork, than is provided by the link that I've provided, or you need specific legal counsel, then, the only way that I can do that for you is via a premium services offer -- because that would be a bona fide legal service which is prohibited at Justanswer, both by website policy and California law. But, if you've gotten this far without any help, then the step by step process that I've provided will be all you need.

I will send the premium services offer, just in case you would like my contact information. If not, feel free to ignore it, and simply rate my answer, instead.

PS. The Los Angeles Superior Court is closed today for Columbus Day (unlike the court before which I appeared).

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 8 months ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.
Thanks again for using Justanswer!

Customer: replied 8 months ago.
I would like the opportunity to file and see my end result, and then rate you.
Expert:  socrateaser replied 8 months ago.

Good morning. Thanks for letting me know the situation. I'm pretty confident (actually, dead certain) that the information I've provided is correct. But, obtaining a judgment to quiet title and possession is not a trivial exercise -- even for a member of the State Bar. So, you may get a few rejection notices before you finally get it right.

Please let me know if you need further assistance, and thanks for using Justanswer!

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