CM 010, LA CIV 109, SUM 130, UD 100 – Los Angeles Unlawful Detainer

 

CM 010, LA CIV 109, SUM 130, UD 100… do these forms sound familiar? Each of these forms must be filed by the landlord to initiate an unlawful detainer eviction case in Los Angeles.

A brief overview of each form:

CM 010 – This is the civil case cover sheet and must be filed with the other initiating papers at the time the case is filed with the Los Angeles court. It classifies the type of civil case.

LA CIV 109 – This is the civil case cover sheet addendum and is only used in Los Angeles County. It provides more statistical data about the case and is used to ensure that the case is filed at the correct courthouse within Los Angeles county.

SUM 130 – This is the court summons notifying the tenant that he is being sued and telling him what he needs to do to defend his case.

UD 100 – This is the unlawful detainer eviction complaint. The complaint outlines the terms of the rental agreement and provides the reason(s) why the landlord wants to evict the tenant.

The Law Office of David Piotrowski represents landlords throughout southern California and can assist with a Los Angeles tenant eviction.

Read Attorney Piotrowski’s “Landlord Best Practices and Eviction Overview” book.

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UD-100 Santa Barbara Eviction Unlawful Detainer Complaint Form

 

Form UD-100 is the initial complaint form filed by Santa Barbara landlords in order to begin an unlawful detainer eviction case in Santa Barbara county. In order to begin your eviction case in Santa Barbara, landlords will file UD-100 at the Santa Barbara court, along with other initial pleading documents.

UD-100 in Santa Barbara is a 3 page form. It is crucial that landlords in Santa Barbara county fill out UD-100 properly. An incorrect UD-100 may cause the landlord to lose his or her eviction case and have to start the process over again. This would not only cause a substantial delay in removing the tenant, but would also result in additional fees.

On the Santa Barbara UD-100 form, the landlord will specify the terms of the rental agreement and will specify the reason for the eviction. It explains to the court why the landlord wants to evict the tenant. Again, it is imperative that the form be filled out correctly.

Here’s a sample of what form UD-100 looks like:

UD-100 Unlawful Detainer California

Contact a Santa Barbara eviction lawyer today.  Start the process of removing your bad Santa Barbara tenant. We represent landlords in Santa Barbara. We can be reached at (877) 875-6958.

Read Attorney Piotrowski’s landlord book: “California Landlord Best Practices and Eviction Overview: An Easy-to-Read Guide Outlining Best Practices for California Landlords Plus a Summary of the Eviction Process.

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Civil Code 1950.5 – Returning the Security Deposit in California

 

Civil Code 1950.5 defines the rules governing the accounting and return of security deposits in California rental units.

To summarize some of the main points of California Civil Code 1950.5, no later than 21 calendar days after the tenant has vacated the rental unit, the landlord shall provide the tenant with a copy of an itemized statement indicating the basis for, and the amount of, any security received and the disposition of the security, and shall return any remaining portion of the security to the tenant.

Along with the itemized statement, the landlord shall also include copies of documents showing charges incurred and deducted by the landlord to repair or clean the premises, as follows:

(A) If the landlord or landlord’s employee did the work, the itemized statement shall reasonably describe the work performed. The itemized statement shall include the time spent and the reasonable hourly rate charged.

(B) If the landlord or landlord’s employee did not do the work, the landlord shall provide the tenant a copy of the bill, invoice, or receipt supplied by the person or entity performing the work. The itemized statement shall provide the tenant with the name, address, and telephone number of the person or entity, if the bill, invoice, or receipt does not include that information.

(C) If a deduction is made for materials or supplies, the landlord shall provide a copy of the bill, invoice, or receipt. If a particular material or supply item is purchased by the landlord on an ongoing basis, the landlord may document the cost of the item by providing a copy of a bill, invoice, receipt, vendor price list, or other vendor document that reasonably documents the cost of the item used in the repair or cleaning of the unit.

We offer a free California security deposit itemization form.

The Law Office of David Piotrowski represents landlords throughout southern California and can assist with a tenant eviction.

Read Attorney Piotrowski’s “Landlord Best Practices and Eviction Overview” book.

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FMCSA Notice of Claim for Household Goods – 49 CFR 386.11

 

If an interstate household goods moving company receives a Notice of Claim from the FMCSA, the company should hire an attorney immediately. The Notice of Claim will set forth the alleged list of violations as well as specify a proposed monetary fine and possibly other actions. The household goods moving company has the legal right to respond to the Notice of Claim and request a reduction in the amount of the civil penalty and/or a payment plan.

What is an FMCSA Notice of Claim? Per 49 CFR 386.11, a Notice of Claim is the commencement of a civil penalty proceeding for a violation of applicable rules and regulations. The notice of claim will contain the following:

  • A statement setting forth the facts alleged
  • A statement of the provisions of law allegedly violated by the moving company
  • The proposed civil penalty (i.e. monetary fine) and notice of the maximum amount authorized to be claimed under the law
  • The time, form, and manner whereby the moving company may pay, contest, or otherwise seek resolution of the notice of claim
  • The Notice of Claim may also contain other information

49 CFR 386.14 outlines how a moving company can reply to a notice of claim. Within the time period allowed, the moving company  may:

  • Pay the full amount as stated in the Notice of Claim
  • Contest (fight) the Notice of Claim by requesting administrative adjudication
  • Seek binding arbitration disputing the amount of the proposed penalty, but at the same time admitting the liability of the violations

There are pros and cons to each of the above reply options and legal counsel should be consulted prior to making a determination on how to best respond to the Notice of Claim.

Failing to properly respond to a Notice of Claim can result in severe penalties.

If a moving company receives notice of an upcoming audit, the household goods moving company should diligently prepare for it. A negative audit may result in fines or suspension/revocation of the carrier’s operating authority.

The Law Office of David Piotrowski performs “mock”audits to inform the moving company of their various strengths and weaknesses to help them better prepare for the audit.

For more blog posts on household goods matters, click here. Contact the Law Office of David Piotrowski today to assist with your FMCSA Notice of Claim.

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California Code of Civil Procedure 1161 – 3 Day Notice

 

I previously posted an article on the 3 Day Notice in California. That article also discussed California Code of Civil Procedure 1161. The article is from June 2013 but is still relevant today and bears reposting.

Any California landlord thinking about evicting a tenant based on a 3 day notice, whether due to non-payment of rent, violating the rental agreement, damaging the property, or creating a nuisance, will find the articles on this blog useful and helpful.

CCP 1161 discusses reasons for terminating a tenancy in California based on a 3 day notice.

The Law Office of David Piotrowski represents landlords throughout southern California and can assist with a tenant eviction.

Read Attorney Piotrowski’s “Landlord Best Practices and Eviction Overview” book.

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