Santa Ana Eviction Lawyer – Anaheim Unlawful Detainer Attorney – Irvine Eviction Process – Santa Ana

An Orange County unlawful detainer action affords landlords a speedy “summary eviction” remedy. Indeed, it is virtually the fastest civil trial proceeding. The normal pretrial time periods applicable in civil actions generally are narrower in Santa Ana eviction actions. The unlawful detainer statutes prescribe shorter times for (i) filing a responsive pleading to the complaint, (ii) responding to motions to quash and motions for summary judgment, (iii) conducting discovery, (iv) noticing discovery motions, (v) court-ordered extensions of time, and (vi) setting the action for trial.

In fact, Anaheim unlawful detainer actions are given precedence (in trial setting and trial) over all other civil actions except those also granted special precedence by law. But, the significant limitation is that an Irvine unlawful detainer will not lie against a defendant who is not in possession of the premises at commencement of the lawsuit. Possession is the fundamental issue in Orange County eviction actions and, if the question of possession is moot, no other “collateral” relief may be obtained in an unlawful detainer action.

Every Day That Goes Buy You Are Losing Money To A Tenant That Is Not Paying Rent.

You Need Fast Eviction Representation.

One Mistake Can Cause Your Unlawful Detainer To Be Delayed For Months Costing You Thousands Of Dollars.

Contact our Anaheim Unlawful Detainer Attorneys TODAY by email or toll free at 1.888.665.8330

These are the basic procedural steps to effect a lawful Santa Ana eviction by way of unlawful detainer:

Notice of termination (unless ground for eviction is expiration of a fixed-term tenancy).

Filing and service of the unlawful detainer complaint.

(Optional) Service of “prejudgment claim of right to possession” form, attached to a copy of the UD summons and complaint, on unnamed occupants

Defendant response (or default).

Request for trial setting.

Trial and judgment for possession.

Issuance of writ of possession.

Actual eviction pursuant to writ of possession.

As indicated, Anaheim unlawful detainer actions are afforded statutory trial precedence and are brought swiftly to trial. Generally, trial must be held no later than the 20th day after trial setting request; however, extensions are authorized upon agreement of the parties, or for other delays if a pretrial hearing is held (Orange County evictions involving commercial tenancies often are held beyond the 20th day because the parties typically engage in substantial pretrial discovery).

The actual timeline to am eviction trial after a request for trial setting varies in each jurisdiction (generally, the larger the court district, the longer the wait); but except in complex commercial cases and barring leave of court to continue discovery, there is ordinarily only a two to four week wait.

Your Orange County eviction lawyers should be familiar with the particular time-frames where suit is filed. This knowledge is essential to competent pretrial preparation—including meaningful settlement negotiations. Landlords especially need to have a fix on the likely date for actual eviction in order to assess their costs and properly plan for rerenting the unit in question.

As Orange County Eviction Lawyers helping people with unlawful detainers and eviction services, we are proud to serve the following areas: Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, Yorba Linda