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PDF Editor FAQ

Do marshals serve unlawful detainers in CA. Or remove tenants?

Hello Quora. Law Professor, ABA, Paralegal/Kern County, CA LDA, Barb Teachblade Reynolds here. I’m happy to assist with this procedural question. No, the Marshal’s Office does not handle Unlawful Detainers anymore. That’s in the ambit of the Sheriff’s Department now for both service of process and evictions at the State level.

Can Landlords sue the state for eviction moratorium? If owners have to pay for repairs by law and not receive rent in return, then shouldn’t the state get all the financial responsibility for the house if a right is taken away from the owner?

Already happened in CA. I’m sure there will be more to follow.Landlords sue California over eviction banLawsuit accuses California Judicial Council of overreachingLos Angeles /June 15, 2020 05:40 PMBy Matthew BlakeTani Cantil-Sakauye (Credit: Earl Gibson III/Getty Images)Two landlords have filed a lawsuit against the California Judicial Council, the state court’s rulemaking body, hoping to end the state’s eviction suspension amid the coronavirus pandemic.“The rule creates the perverse incentive for all tenants, whether they face financial hardship or not, to refuse to pay their rent during the crisis,” reads the lawsuit filed by the libertarian leaning Pacific Legal Foundation. “And it immunizes from eviction tenants who create nuisances, damage property, conduct illegal activity, or violate lease terms.”ADVERTISINGThe lawsuit filed in Kern County Court on Monday is the latest escalation in California residential landlords’ fight against state and local government, to say nothing of tenants and mortgage lenders. It comes one week after the Apartment Association of Greater Los Angeles trade group filed a complaint against the city of Los Angeles’s eviction moratorium.In April, the Judicial Council, led by California Supreme Court Justice Tani-Cantil Sakauye, told state courts to not process residential and commercial eviction motions landlords file until 90 days after Gov. Gavin Newsom lifts California’s state of emergency order.The Judicial Council met last week to revisit the eviction suspension, but did not vote on scrapping the rule.The lawsuit says the order abuses California’s separation of powers. “The Judicial Council made a classic policy decision that is properly the legislature’s domain, not the Judicial Council’s,” the lawsuit reads.The landlords who sued, Peggy Christensen of Mojave and Peter Martin of Arcata in Humboldt County, are described as saddled by problem tenants.Martin, for example, called on Humboldt County court to evict a tenant for “disturbing the other tenants by engaging in unlawful drug activities on the premises”But the court “refused to issue a summons” due to the emergency rule.SoCal Landlord Group Sues State, County, City Governments In Lawsuit - California GlobeOn Tuesday, a group of apartment owners and landlords sued California, Los Angeles County, and several Southern Californian cities over several tenanthttps://californiaglobe.com/section-2/socal-landlord-group-sues-state-county-city-governments-in-lawsuit/

What is your strategy to help America's homeless?

Currently our biggest detractor from helping end homelessness is political. Usually well meaning people try to fix problems using money or political structures. let me explain further.In Kern County, CA we have an extremely large homeless population. Many homeless live on or near the Kern River, which is dry most of the time. Periodically the police “evict” the homeless and burn out the camps, destroying much of their belongings in the process.There are programs designed to get homeless off the streets and into permanent housing. In one such program the homeless are given an apartment free and clear to use. They are responsible for paying for utilities, but are given money to pay those utilities. For most of us this would be a great deal, but many homeless people are drug addicts, mentally ill, or just aren’t very intelligent. Part of their problem in the first place is that they are incapable of being responsible for their lives. The money gets spent on other things and they end up being evicted.Another problem with homelessness is accumulation. Many homeless are actually compulsive hoarders and their space overflows with stuff. Other homeless cannot say no to friends who want to stay with them.Whatever the issue, most housing options come with rules that most homeless cannot follow for various reasons. Homeless shelters won’t accommodate dogs, for instance and many homeless have dogs.One practical solution is to offer more flexible housing options and “small house” housing. One proposed option is to have a compound of small tough shed style buildings that would give a homeless a roof and an address from which to start. This would offer stability from which to grow. But authorities will not allow this type of housing because it does not meet housing codes.Besides which the homeless already had housing offered to them and they blew it so why should we change our rules?

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