Fremont, CA asked in Real Estate Law, Landlord - Tenant and Legal Malpractice for California

Q: I need some facts about things I feel will come up that aren't included in the basic info re: Post Judgemt claim to ROP

Can I please get some carefully explained instructions of how to implement a post judgment claim to right of possession effectively? The sheriff will be here Wed 1/22/2017. I just found out by accident they are coming. Thank GOD my name is not on the writ, no doe nothing. I didn't hear back from any of the lawyers I left 911 msgs with today.I looked online for options, elements, and time lines. And as a 3rd party without standing who wasn't named or noticed in the unmerited/improper UD against the Master Tenant, when the sheriff comes am I going to say I want to file a post Judgment ROP NOW? Ill show him my sublease agrmt, my ID, proof of master landlords written permission, proof of rent payments, mail I receive, landlady's Master Lease, and I have 15 days rent ready to post. What else do i need? How do I establish standing if my landlady has vanished? Then I need to file a motion for Ext.fraud. The plaintiff isn't the Landlord, the UD is based on fraud, the exhibits are false. HELP!

1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: How are you trying to evict somebody if you're not the landlord and not even a party to an unlawful detainer case? If you're the sublessee, what are you trying to do. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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