GUIDE TO

LAW OFFICE PROCEDURES 

MANUAL

UNLAWFUL DETAINER

CHAPTER E

PROJECT #1

OBJECTIVE

Using the LOPM, Chapter E, pg. E-16 as a reference and given basic facts, the student will prepare a 3-Day Notice to Pay Rent or Quit.  Remember to prepare a Proof of Service.

LOPM reference: Chapter E

Other reference: LSI Legal professional’s Handbook

INSTRUCTIONS TO STUDENTS

Following are the basic facts you will need to prepare a 3-Day Notice to Pay Rent or Quit:

Name of Tenant:	Samuel O. Simms

Address of Tenant:	40333 South Courtney Drive
	Cherry City, California 90000
Landlord:				Thomas Eadd
Monthly Rental:			$550.00
Rent Due On:				1st of each month

1.	Mr. Simms has failed to pay Mr. Badd rent for the months of September, October, and November 200x. The rental agreement provides for a $10 late charge if rent is not received by the 5th of the month.

2.	Mr. Simms is still in possession of the premises as of today’s date, November 22, 200x.

3.	No other persons occupy the premises.

4.	Mr. Badd elects to terminate the rental agreement.

PROJECT #2

OBJECTIVE

Using the sample pleadings in the LOPM, Chapter E, pg. E-30 as a guide and given a blank Judicial Council form and basic facts, the student will prepare a Complaint - Unlawful Detainer.  Remember to prepare a Proof of Service.

LOPM reference:	Chapter E

Other reference:	LSI Legal professional’s Handbook

INSTRUCTIONS TO STUDENT

Using the Law Office Procedures Manual as a guide, prepare a Complaint - Unlawful Detainer. The facts are similar enough for you to use the form in the LOPM.

You are employed by Lawrence Applegate of the Law Firm of Applegate, Beardsly & Harrington, located at 22 Bush Street, Cherry City, California 90000; telephone number (213) 111-1111. Mr. Applegate’s California State Bar Number is 123456. Your office represents Thomas Badd who is filing a Complaint for Unlawful Detainer. The case will be filed as a limited civil case in the Superior Court, of California, County of Tomato, 123 Main Street, Cherry City, California 90000.

Following are the basic facts you will need to prepare the Complaint - Unlawful Detainer:

1.	Mr. Badd, as Landlord, and Samuel  0. Simms, as Tenant, entered into a written month-to-month rental agreement on January 5, 20xx, for the premises located at 40333 South Courtney Drive, Cherry City, County of Tomato, State of California, at a monthly rental rate of $550 beginning February 1, 20xx. The agreement provides for attorneys fees.

2.	A security deposit is being held by Mr. Badd in the amount of $550.

3.	Mr. Simms has failed to pay rent for the months of September, October, and November 20xx.

4.	Mr. Simms was personally served with a 3-Day Notice to Pay Rent or Quit on November 22, 20xx, which included an election for forfeiture.

5.	The Tenant continues in possession of the premises without Mr. Badd’s permission.

PROJECT #3

OBJECTIVE

Using the sample pleadings in the LOPM, Chapter E, pg. E-18 as a guide and given a blank Judicial Council form and basic facts, the student will prepare a Summons - Unlawful Detainer.  Remember to prepare the Proof of Service.

LOPM reference:	Chapter E

Other reference:	LSI Legal professional’s Handbook

INSTRUCTIONS TO STUDENT

You are employed by Lawrence Applegate of the Law Firm of Applegate, Beardsly & Harrington, located at 22 Bush Street, Cherry City, California 90000; telephone number (213) 111-1111. Mr. Applegate’s California State Bar Number is 123456. You have typed a Complaint Unlawful Detainer naming Thomas Badd as plaintiff and Samuel 0. Simms as Defendant. The case will be filed as a limited civil case in the Superior Court of California, County of Tomato, 123 Main Street, Cherry City, California 90000.

A.	Prepare the original Summons - Unlawful Detainer.  Make one copy.

B.	The original Summons has been issued and returned, together with the conformed copy, by the Court Clerk’s Office bearing Case No. 11111. Properly fill out the Notice to Person Served on the copy of the Summons to be served on Samuel  0. Simmons.

C.	Make a list of the items which would be given to the process server to effectuate service on this Defendant.

PROJECT #4

OBJECTIVE

Using the sample pleadings in the LOPM, Chapter E, pg. E-17 as a guide and given a blank Judicial Council form and basic facts, the student will prepare a Civil Case Cover Sheet.

LOPM reference:	Chapter E

Other reference:	LSI Legal professional’s Handbook

INSTRUCTIONS TO STUDENT

You are employed by Lawrence Applegate of the Law Firm of Applegate, Beardsly & Harrington, located at 22 Bush Street, Cherry City, California 90000; telephone number (213) 111-1111.  Mr. Applegate’s California State Bar Number is 123456.

You have typed a Complaint - Unlawful Detainer naming Thomas Badd as plaintiff and Samuel 0. Simms as Defendant. The case will be filed as a limited civil case in the Superior Court of California, County of Tomato, 123 Main Street, Cherry City, California 90000.

The property that is the subject of the action is residential real property. Mr. Badd desires a monetary judgment as well as possession of the property.

A.	Prepare the Civil Case Cover Sheet.

PROJECT #5

OBJECTIVE

Using the sample pleadings in the LOPM, Chapter E, pg. E-23 as a guide and given a blank Judicial Council form and basic facts, the student will prepare a Request for Entry of Default.  Remember to prepare a Proof of Service.

LOPM reference:	Chapter E

Other reference:	LSI Legal professional’s Handbook

INSTRUCTIONS TO STUDENT

You are employed by Lawrence Applegate of the Law Firm of Applegate, Beardsly & Harrington, located at 22 Bush Street, Cherry City, California 90000; telephone number (213) 111-1111.  Mr. Applegate's California State Bar Number is 123456.

A Complaint - Unlawful Detainer naming Thomas Badd as plaintiff and Samuel 0. Simms as Defendant was filed on November 30, 20XX, as a limited civil case in the Superior Court of California, County of Tomato, 123 Main Street, Cherry City, California 90000, Case No. 11111, and the Defendant has been personally served.

It is now December 15, 20XX, and the Defendant has not filed an Answer to the Unlawful Detainer action within the time allowed by law. Mr. Badd desires a monetary judgment as well as possession of the property.

Using the following basic facts, prepare a Request For Entry of Default and Court Judgment:

1.	The Complaint for Unlawful Detainer demanded monetary damages in the amount of $1,650, plus daily damages at the rate of $18.08 per day from November 26, 20XX.

2.	The address of the property that is the subject of this action is 40333 South Courtney Drive, Cherry City, Los Angeles County, California 90000.

3.	The cost for filing the Unlawful Detainer action was $84, the service fees totaled $60, and your attorney has charged Mr. Badd $500 for his representation.

4.	The Defendant is not a member of the military.

PROJECT #6

OBJECTIVE

Using the sample pleadings in the LOPM, Chapter E, pg.  E-28 as a guide and given a blank Judicial Council form and basic facts, the student will prepare a Writ of Execution (Money Judgment) and Possession of Real Property.  Remember to prepare a Proof of Service.

LOPM reference:	Chapter E

Other reference:	LSI Legal professional’s Handbook

INSTRUCTIONS TO STUDENT

You are employed by Lawrence Applegate of the Law Firm of Applegate, Beardsly & Harrington, located at 22 Bush Street, Cherry City, California 90000; telephone number (213) 111-1111.  Mr. Applegate’s California State Bar Number is 123456.

A Complaint - Unlawful Detainer naming Thomas Badd as Plaintiff and Samuel 0. Simms as Defendant was filed on November 30, 20XX, as a limited civil case in the Superior Court of California, County of Tomato, 123 Main Street, Cherry City, California 90000, Case No. 11111. The address of the property that is the subject of the action is 40333 South Courtney Drive, Cherry City, California 90000. A Prejudgment Claim of Right To Possession was also served on the Defendant. No one filed an Answer to the Unlawful Detainer Complaint.

Using the following basic facts, prepare a Writ of Execution (Money Judgment) and Possession of Real Property:

1.	Following entry of default against the Defendant, the Court entered the following Judgment in favor of the Plaintiff, and against the Defendant, on December 29, 20XX:

a.	Past due rent in the amount of $1,552;
b.	Daily damages in the amount of $614.72;
c.	Costs in the amount of $144;
d.	Attorney’s fees in the amount of $500; and
e.	Possession of the real property located at 40333 South Courtney Drive, Cherry City, Los Angeles County, California 90000.

2.	The cost for issuance of the Writ is $9.

3.	The daily interest rate is calculated at 10% of the total Judgment.

4.	The daily interest rate is $.78.

PROJECT #7

OBJECTIVE

Given a blank Judicial Council form and basic facts, the student will prepare a Declaration for Default Judgment, Chapter E, pg.  E-27 (Unlawful Detainer - C.C.P.§ 585(d)).  Remember to prepare a Proof of Service.

LOPM reference:	Chapter E

Other reference:	LSI Legal professional’s Handbook

NOTE TO INSTRUCTOR:	The blank Judicial Council form supplied is used in Los Angeles County. Other counties may use similar judicial Council forms.

INSTRUCTIONS TO STUDENT

You are employed by Lawrence Applegate of the Law Firm of Applegate, Beardsly & Harrington, located at 22 Bush Street, Cherry City, California 90000; telephone number (213) 111-1111.  Mr. Applegate’s California State Bar Number is 123456.

A Complaint - Unlawful Detainer naming Thomas Badd as plaintiff and Samuel 0. Simms as Defendant was filed on November 30, 20XX, as a limited civil case in the Superior Court of California, County of Tomato, 123 Main Street, Cherry City, California 90000, Case No. 11111. The address of the property that is the subject of the action is 40333 South Courtney Drive, Cherry City, California 90000. No one filed an Answer to the Unlawful Detainer Complaint.

Using the following basic facts, prepare a Declaration For Default Judgment (Unlawful Detainer - C.C.P. §585(d)):

1.	Plaintiff is the owner of the subject real property.

2.	On January 15, 20XX, Defendant agreed to rent the subject real property pursuant to a month-to-month rental agreement, for the amount of $550 per month, payable on the first day of each month.

3.	The rental agreement does provide for attorney’s fees.

4.	There have not been any rent increases since Defendant took possession of the subject real property.

5.	Defendant has not paid the rent since September, 20XX, and is still in possession of the property.

6.	A 3-Day Notice To Pay Rent Or Quit was served on Defendant on November 22, 20XX, which included an election to forfeit the agreement.

7.	The fair rental value of the property is $18.08 per day.

8.	Plaintiff is in possession of a $550 deposit paid by Defendant when he initially moved into the property.
PROJECT #8

OBJECTIVE

Given a blank form and basic facts, the student will prepare a pleading form of Declaration in Support of Request for Entry of Default and Default Judgment.  Chapter E, pgs. E-27.  Remember to prepare a Proof of Service.

LOPM reference:	Chapter E

Other reference:	Legal Secretary’s Handbook

INSTRUCTIONS TO STUDENT

You are employed by Lawrence Applegate of the Law Firm of Applegate, Beardsly & Harrington, located at 22 Bush Street, Cherry City, California 90000; telephone number (213) 111-1111.  Mr. Applegate’s California State Bar Number is 123456.

A Complaint - Unlawful Detainer naming Thomas Badd as plaintiff and Samuel 0. Simms as Defendant was filed on November 30, 20XX, as a limited civil case in the Superior Court of California, County of Tomato, 123 Main Street, Cherry City, California 90000, Case No. 11111. The address of the property that is the subject of the action is 40333 South Courtney Drive, Cherry City, California 90000. No one filed an Answer to the Unlawful Detainer Complaint.

Using the following basic facts, prepare a Declaration For Default Judgment (Unlawful Detainer - C.C.P. § 585(d)):

1.	Plaintiff is the owner of the subject real property.

2.	On January 15, 20XX, Defendant agreed to rent the subject real property pursuant to a month-to-month rental agreement, for the amount of $550 per month, payable on the first day of each month.

3.	The rental agreement does provide for attorney’s fees.

4.	There have not been any rent increases since Defendant took possession of the subject real property.

5.	Defendant has not paid the rent since September, 20XX, and is still in possession of the property.

6.	A 3-Day Notice To Pay Rent Or Quit was served on Defendant on November 22, 20XX, which included an election to forfeit the agreement.

7.	The fair rental value of the property is $18.08 per day.

8.	The total amount of past due rent calculated from September 1, 20XX, through November 25, 20XX, equals $1,552.

9.	Plaintiff’s costs are as follows:

a.	Attorneys fees in the amount of $500;
b.	Court filing fee in the amount of $84; and
	c.	Service fees in the amount of $60.

PROJECT #9

OBJECTIVE

Given a blank form and basic facts, the student will prepare a pleading form of Unlawful Detainer Default Judgment, Chapter E, pg. E-27.

LOPM reference:	Chapter E

Other reference:	LSI Legal Professional’s Handbook

INSTRUCTIONS TO STUDENT

You are employed by Lawrence Applegate of the Law Firm of Applegate, Beardsly & Harrington, located at 22 Bush Street, Cherry City, California 90000; telephone number (213) 111-1111.  Mr. Applegate’s California State Bar Number is 123455.

A Complaint - Unlawful Detainer naming Thomas Badd as plaintiff and Samuel 0. Simms as Defendant was filed on November 30, 20XX, as a limited civil case in the Superior Court of California, County of Tomato, 123 Main Street, Cherry City, California 90000, Case No. 11111. The address of the property that is the subject of the action is 40333 South Courtney Drive, Cherry City, California 90000.

Using the following basic facts, prepare an Unlawful Detainer Default Judgment:

1.	Defendant did not file an Answer to the Unlawful Detainer action and his default has been entered.

2.	Calculations are made as of December 15, 20XX.

3.	The fair rental value of the property is $18.08 per day.

4.	The total amount of past due rent calculated from September 1, 20XX, through November 25, 20XX, equals $1, 552.

5.	The daily damages equal $614.72 [34 days at $18.08 per day].

6.	Plaintiff’s costs are as follows:

a.	Attorney’s fees in the amount of $500;
b.	Court filing fee in the amount of $84; and
c.	Service fees in the amount of $60.