Monthly Archives: August 2014

Unlawful Detainer Motion for Judgment on the Pleadings in California Under CCP 438

Posted on August 26, 2014 by davidpiotrowski
 

 California Code of Civil Procedure section 438 allows a party to make a motion for judgment on the pleadings in an eviction case before the actual trial. CCP 438 also allows the court to make the motion on its own. … Continue reading →

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Attorney Fee Provision in California Rental Agreement – Take It Out!

Posted on August 19, 2014 by davidpiotrowski
 

 The “prevailing party” in an eviction case in California might be entitled to attorney fees. Landlords might think it is a good idea to include a provision in a rental agreement that allows the prevailing party to recover attorney fees. … Continue reading →

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Eviction Waiver of Court Fees for Tenants in California

Posted on August 12, 2014 by davidpiotrowski
 

 Tenants who meet certain financial requirements are able to waive court fees and costs. This may not seem fair. Landlords still have to pay, so why should the tenant be able to waive the court fees AND file so many … Continue reading →

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Landlord’s Withdrawal of 30 / 60 Day Termination Notice in California

Posted on August 4, 2014 by davidpiotrowski
 

 Landlord’s wishing to terminate a month-to-month tenancy may do so in most circumstances by serving a 30 or 60 day notice of termination on the tenant. The landlord can use a 30 day notice if the tenant has lived in … Continue reading →

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