Often after a bank levy or eviction (unlawful detainer) lock out, the defendant files a motion for a stay or to be let back into possession. Code of Civil Procedure § 918 can only “stay the enforcement of an judgment or order”. There is nothing to stay after the levy or lockout occurred. As stated in Del Riccio v. Superior Court of Cal., in and for Los Angeles County (1952) 115 Cal.App.2d 29, 31 after the levy, “… the court could not, by ordering a stay, undo what had already been done so as to deprive the creditor of ownership and use of money collected under the writ.”
If a tenant breaks back into, and moves into the property after being evicted, the following laws may be enforced against the tenant by the local police department or Sheriff’s (keep their card after the lockout). However, the specific penalties are a possible misdemeanor or contempt of court. In all likelihood no prosecution will occur, but the police/sheriff will remove them again and give a stern warning. The problem here is that the specific Penal Code statutes state “returns to settle, reside…” or “returns”. That seems to mean moving back in, not just to return to get is things out. But there is still vandalism, trespass and other possible violations to charge the former tenant. Some applicable statutes are here … Continue Reading Tenant Re-entry After Eviction Penalties (Penal Code §§419; 602.5; CCP §1210)
Rule 3.1347. Discovery motions in summary proceeding involving possession of real property
- (a) Notice In an unlawful detainer action or other action brought under chapter 4 of title 3 of part 3 of the Code of Civil Procedure (commencing with section 1159), notice of a discovery motion must be given in compliance with Code of Civil Procedure sections 1010.6 or 1013 and 1170.8.(Subd (a) amended effective January 1, 2016.)
- (b) Opposition and reply at hearing Any opposition to the motion and any reply to an opposition may be made orally at the time of hearing or in writing as set forth in (c).
- (c) Written opposition in advance of hearing If a party seeks to have a written opposition considered in advance of the hearing, the written opposition must be served and filed on or before the court day before the hearing. Service must be by personal delivery, electronic service, fax transmission, express mail, or other means consistent with Code of Civil Procedure sections 1010, 1010.6, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties no later than the close of business on the court day before the hearing. The court, in its discretion, may consider written opposition filed later.(Subd (c) amended effective January 1, 2016.)
Cal Rules of Court, Rule 3.1347
Unlawful detainer actions allow the parties to litigate as if this were a million dollar case. Discovery in Unlawful detainer actions are exempt form the Economic Litigation Act