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Guideline For Obtaining Default And Default Judgment On Unlawful Detainer Actions MCF-117 - California
| Guideline For Obtaining Default And Default Judgment On Unlawful Detainer Actions Form. This is a California form and can be used in Civil San Francisco Local County . |
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MCF 117 SAN FRANCISCO SUPERIOR COURT, LTD CIVIL GUIDELINE FOR OBTAINING DEFAULT AND DEFAULT JUDGMENT ON UNLAWFUL DETAINER ACTIONS You must have the following papers completely filled out: 1. 2. 3. 4. The original summons. A separate proof of service for each of the named defendants served. An original request to enter default form (current Judicial Council format) which shall have been mailed to each defaulted defendant prior to filling the original with the court. Submit your original written lease or rental agreement if one is pleaded. If you cannot locate the original lease or rental agreement, submit a declaration re lost original lease or rental agreement stating in fact the due and diligent attempt to locate the original. Submit three judgment papers together with the above papers. If you seek restitution judgment only, submit the judgment paper entitled, "Judgment by Default by Clerk Restitution Only." If you seek both restitution and money judgment submit Unlawful Detainer Default Judgment papers. If you have already had a judgment for restitution and want to obtain another judgment for the money, submit judgment papers entitled, "Amended Unlawful Detainer Default Judgment." (NOTE: need to show that defendants have already been evicted from the subject premises AND will need to provide the clerk with the exact date that the defendants vacated the premise.) 5. FOR UNLAWFUL DETAINER JUDGMENT FOR RESTITUTION AND FOR MONEY In addition to the first five requirements listed above, you will need to submit 6. A "Declaration in Lieu of Personal Testimony," per CCP 585(d) which shall contain the following information: - statement of ownership by the plaintiff and whether or not the lease is oral or written; - address of the property; - statement that the defendant rented or leased from the plaintiff and the $ (monthly amount of rent paid by the defendent(s)); - the date of service of the three day or thirty day or other notice served; - statement that the plaintiff is holding last month's rent or a security deposit and the amount of security deposit or last month's rent held or a statement that plaintiff is not holding last month's rent or security deposit. - statement that the defendent(s) is still in possession of the premise or the date the defendent moved out; - statement regarding the status of the property in relation in the San Francisco Rent Control Ordinance (if subject to said ordinance or if not subject, why not?); - the specific dates that the defendent defaulted in payment of the rent; The declaration in lieu shall be within the personal knowledge of the declarant and shall end in the following manner; "I declare, under penalty of perjury, that the foregoing is true and correct and, if sworn as a witness, I can testify competently thereto." Executed on (date signed) at (city where signed), California. (Your signature) 7. Where money and daily damages are sought, please submit a copy of the 3/30 day notice. The notice should contain a reference to the San Francisco Rent Control Board. SUBMIT WRITS AND ABSTRACTS AFTER YOU RECEIVE THE COPY OF YOUR JUDGMENT. 2002 © American LegalNet, Inc.
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