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
Tenant Re-entry After Eviction Penalties (Penal Code §§419; 602.5; CCP §1210)
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)
Unlawful Detainer Motions to Compel Discovery only require 5 days notice (CCP §1170.8) and oppositions may be verbal at the hearing (Rule of Court 3.1347)
CCP §1170.8 states that motions to compel may be filed with only 5 day (plus service) notice. Also oppositions and replies may be made verbally at the time of the hearing.
Rule 3.1347. Discovery motions in summary proceeding involving possession of real property