vania-janet/multiturn-rag-retrieval-data huggingface dataset:
FAQs - CA_courts
FAQs - CA_courts

Skip to main content
Skip to topics menu
Skip to topics menu

Home

 Courts
 

 Self-Help
 

 Forms & Rules
 

 Opinions
 

 Programs
 

 Policy & Administration
 

 News & Reference
 

Cancel
Print

Advanced Search

Courts

Supreme Court
Courts of Appeal
Superior Courts
Jury Service
About California Courts 
Find Your Court
FAQs

Self-Help

Getting Started
Small Claims
Families & Children
Divorce or Separation
Abuse & Harassment
Eviction & Housing
Name Change
Traffic
Seniors & Conservatorship
Problems With Money
Criminal Law
Civil Appeals
Gender Change
Wills, Estates, and Probate
Test Feedback Form (formerly Self-Help Feedback Form)
Self Help A-Z Index

Forms & Rules

Find Your Court Forms
Rules of Court

Opinions

Published / Citable Opinions
Unpublished / Non-Citable Opinions

Programs

Alternative Dispute Resolution (ADR)
Collaborative Justice Courts
Criminal Justice Services
Domestic Violence
Equal Access
Families and Children
Judicial Fellowship
JusticeCorps
Language Access Services
Tribal/State Programs

Policy & Administration

Chief Justice Patricia Guerrero
Judicial Council
Budget & Finance
Facilities
Invitations to Comment
Public Records
Governmental Affairs

News & Reference

Reports & Publications
Research & Statistics

Courts>FAQs
 

FAQs

	 Topics
	

FAQs
Viewing PDF Files

Print

Q: How can I find the address and phone number of my local court?

A: Search the Find a Court section of the California Courts website and look for Contact Info on your local court's website.

Q: What should I do if I need legal advice?

A: The Judicial Council staff organization, which administers the California Courts website, does not provide legal advice or interpret the law for the general public.

If you need legal advice, you will find many useful resources in the section on free and low-cost legal help at our online Self-Help Center.
Tentative Rulings | Superior Court of California | County of Tulare
Thus, an examination of the rental agreement and a showing by the landlord of a valid liquidated damages term or that a reasonable endeavor to approximate actual losses caused by the late payment of rent took place appear necessary for the notice to be valid if it includes a late fee. 
Here, the lease states:
“Tenant to pay a charge of $240.00 or ___% of the delinquent rent payment, as an additional amount of rent, due on demand, in the event rent is not received within [ ] 10 days, or ___ days, alter the due date.” (emphasis added.)
For purposes of demurrer or motion for judgment on the pleadings, the Court cannot find that the inclusion of the late fee, as a matter of law, voids the Notice. 
The motion is denied on this ground. 
Summary of Ruling
The Court denies the motion to quash service of the summons and complaint, as Defendants have answered the complaint. 
The Court has disregarded the demurer label and treated the remainder of the motion as a motion for judgment on the pleadings. As to that motion, it is denied as to the late fee inclusion and inclusion of necessary information it the Notice. 
However, the Court finds the proof of service does not reflect that the Notice was posted and mailed in accordance with the law. Because the complaint fails to disclose that the Notice was also posted, the Court is inclined to grant the motion for judgment on the pleadings. 
In this case, the Court will permit amendment to plead that the Notice was properly served, if possible. A motion for judgment on the pleadings cannot be sustained without leave to amend where it appears that the facts alleged establish a cause of action under any possible legal theory or it is reasonably possible that the plaintiff can amend the complaint to allege any cause of action. (Canton Poultry & Deli, Inc v. Stockwell, Harris, Widom, and Woolverton (2003) 109 Cal.App.4th 1219, 1226.)
Here, the Court’s ruling is that the complaint, as pled, does not indicate proper service of the Notice. If the Notice was served by mail, the Court will permit amendment to the complaint to allege such service.
Before you sue the other side back | California Courts | Self Help Guide
But you can also sue the owner of the car if that’s a different person than the driver, even if they weren’t in the car with the driver during the accident. On the other hand, you don’t sue the other driver’s insurance company. If you were sued by another driver but not the owner of their car and want to sue the driver and owner back, you'd need to start a new court case.

When you sue the other side back in your small claims case you can only sue Plaintiffs who are already in your case. 
If you want to sue others, too, you'll either need to (1) sue your Plaintiff(s) and the other people all together in a new, separate case, or (2) just sue the other people in a new case. 
 

Do you know how much money to ask for?
Just like figuring out what laws support your case and who to sue, you also need to figure out how much money to sue for before you sue the other side back.

borrowed car Or bathroom remodel? 
Your ex-friend is suing you because they gave you their old car and are now saying they just let you borrow it. They are claiming the car's worth $3,000 and want the court to order you to pay that. They gave you the car to pay you back for remodeling their bathroom. You could sue them back for the time and cost you spent on the remodel, which could be $3,000 or a different amount.

Also research if there are laws that give you the right to ask for more money than the basic amount you think you're owed. An example of this is when a landlord doesn't refund a security deposit or give a reason why within 21 days. In that case, the law says you can sue for more than the security deposit amount because the landlord didn't follow the law.
If the other side owes you more than $10,000 (or $5,000 if its owed to your business), you may not be able to file in small claims court. Learn more
Tentative Rulings | Superior Court of California | County of Tulare
(California Practice Guide, Landlord-Tenant, Paragraph 7:106 – 7:108) (Rutter Group 2023).)
However, “the result may be different if the rental agreement defines late charges, interest and the like as ‘additional rent’.” (California Practice Guide, Landlord-Tenant, Paragraph 7:106 – 7:108) (Rutter Group 2023).)
The court in Del Monte Properties & Investments, Inc. v. Dolan (2018) 26 Cal. App. 5th Supp. 20 examined the inclusion of a late fee on the three day notice under a liquidated damages analysis, and found that the burden to provide it is valid under Civil Code section 1671 rests with the landlord, and that the landlord, in that case, failed to “prove that the actual losses caused by late payment of rent were extremely difficult or impracticable to determine.” (Id. at *24.) Additionally, the late fee failed the “reasonable endeavor test under section 1671.” (Id.)
The court concludes “It is settled law that a defective notice is fatal to an unlawful detainer complaint. (Wasatch Property Management v. Degrate (2005) 35 Cal.4th 1111, 1117.) The notice upon which the complaint in this case is based is defective because it may include an invalid late fee and it may not support a judgment for unlawful detainer.” (Id.)
Thus, an examination of the rental agreement and a showing by the landlord of a valid liquidated damages term or that a reasonable endeavor to approximate actual losses caused by the late payment of rent took place appear necessary for the notice to be valid if it includes a late fee. 
Here, the lease states:
“Tenant to pay a charge of $240.00 or ___% of the delinquent rent payment, as an additional amount of rent, due on demand, in the event rent is not received within [ ] 10 days, or ___ days, alter the due date.” (emphasis added.)
Frequently Asked Questions (FAQs) | Placer County, CA
If you file a "property tax deferral claim" with the county assessor before the next property tax installment payment date, that payment will be postponed without penalty or interest until the county assessor has reassessed the property and you receive a corrected tax bill.To qualify for deferral, for property receiving a homeowners' exemption, "substantial disaster damage" means damage amounting to at least 10 percent of its fair market value or $10,000 whichever is less. For all other property, the damage must be at least 20 percent of value. However, tax deferral is not available where property taxes are paid through impound accounts.

How do I qualify for disaster relief?

Property tax relief is available to owners of real property, business personal property, agricultural crops, boats, aircraft, and certain mobile homes. Unassessed items such as household furnishings are not eligible for relief.Qualifying damage resulting from calamity would be due to fire, flood, earthquake, storm, vehicle or other means of disaster through no fault of the property owner(s).To qualify for property tax relief, you must file an application with the countyassessor within 12 months from the date of damage or destruction. The lossestimate must be at least $10,000 of current market value to qualify.

Where can I get the application for reassessment of property damaged by misfortune or calamity?

You may obtain an application by calling the Assessor's Office, by downloading it from our website, or by visiting any of the assessor office locations.

Once I file my application, what is the process?

After the application is processed by the Assessor's Office, a Notice of Supplemental Assessment will be sent to you detailing the amount of any reduction. The refund will be prorated from the date of destruction to the end of the fiscal year.

How does the Assessor's office determine the amount of property taxes to be refunded if my house was partially damaged?

Our appraisers will determine the market value of the property before and after the damage. The percentage of loss is then applied to the assessed value of the property and a refund or reduced bill is issued.
FTB Publication 1017 | FTB.ca.gov
Form 587, Nonresident Withholding Allocation Worksheet
Form 590, Withholding Exemption Certificate

If the withholding agent knows of only one contractor, use the information provided by the contractor-of-record. If the contractor is a resident, no withholding is required. However, if the contractor-of-record is a nonresident, withholding is required. Withholding is not required on payments to general contractors who are California residents. However, general contractors must withhold on payments made to nonresident subcontractors for services performed in California.
73. When is withholding required on rent or lease payments made to nonresidents? 
Withholding on rent or lease payments to nonresidents is required when all of the following criteria are met:

Payments are made in the course of the lesseeâs business (tenants of residential property are not required to withhold on payments made directly to nonresident owners, but payments from property management companies are subject to withholding).
Rented or leased property is located in California.
Withholding is optional and at the discretion of the withholding agent on the first $1,500 in payments made during the calendar year. The withholding only applies when the rent or lease payers are renting or leasing property in the course of their business from a non-California owner.

Although withholding is not required on rent payments made by tenants directly to owners of residential property, income derived from real property as well as tangible personal property located in California is California source income and is subject to California tax. This includes rents, lease payments, and the gain on the sale of such property.
74. What types of rental or leased property are subject to withholding?

Real property, such as land and buildings.
Tangible personal property, such as machinery, equipment, vehicles, aircraft, etc.

75. Can a California property manager who collects rent or lease payments on behalf of a nonresident property owner deduct the property management fee from the payment before withholding the required 7 percent?
Yes. The property manager may deduct the management fees and then calculate the 7 percent withholding based on the amount to be sent to the property owner.
Frequently Asked Questions (FAQs) | Placer County, CA
After the application is processed by the Assessor's Office, a Notice of Supplemental Assessment will be sent to you detailing the amount of any reduction. The refund will be prorated from the date of destruction to the end of the fiscal year.

How does the Assessor's office determine the amount of property taxes to be refunded if my house was partially damaged?

Our appraisers will determine the market value of the property before and after the damage. The percentage of loss is then applied to the assessed value of the property and a refund or reduced bill is issued.

After my property is rebuilt or repaired following the damage, will my property taxes increase over what they were before?

No. Property owners will retain their previous taxable value if the house is rebuilt in a like or similar manner. However, any new square footage or extras, such as additional bathrooms, will be added to the previous base year value at their full market value.

What if I disagree with the value as determined by the Assessor's Office?

If you disagree with the value established by the Assessor’s
Office, you must file an assessment appeal within six months from the date on
the Notice of Supplemental Assessment. An appeal can be filed with the Clerk of
the Assessment Appeals Board.

Our home was damaged from a forest fire last year and we had to move out while it is being repaired. Are we still allowed the homeowner's exemption even though we have not returned to our house? 

Yes. Temporary absence from a dwelling for repairs made necessary by a natural disaster will not result in the loss of your homeowner's exemption as long as you have not established permanent housing elsewhere.

View All

/FAQ.aspx

 Disabled Veterans' Exemption

Disabled Veterans' Exemption

I didn’t know there was property tax exemption available. Is it too late to file?

You may, subject to a late-penalty, file a claim for the Disabled Veterans Property Tax Exemption. The law limits the refunds to the current year plus 7 prior years.

The claim form says to file supporting documentation. What documents are requested?
Get a Notice | California Courts | Self Help Guide
There are a few situations where a landlord may not have to give notice. Learn more 

There are a few times when the landlord may not have to give notice. For example:
If you have a fixed-term lease (a lease for an exact amount of time, like 1 year), the lease is up, and your landlord doesn't extend it, your landlord may be able to start an eviction case without giving notice first.
If you give notice to end your lease and then don't move out.
If you work for the landlord and live on their property as part of your job.

 
Go to a list types of Notices

2. Check if the Notice follows the law
The Notice has to be delivered the right way
The Notice has all the required information
If the landlord doesn't follow these rules, the court may decide the eviction is invalid.

Get legal help if you have questions about what the Notice says, what it means, or if you think there's something wrong with the Notice. Resources for legal and housing help
CARES Act and 30-day Notice to Vacate requirement
If the property is covered by the federal CARES Act (15 USC § 9058(c)), the landlord must provide a 30-day Notice to Vacate.
Property covered by the CARES Act means property where the landlord
is participating in a covered housing program as defined by the Violence Against Women Act;
is participating in the rural housing voucher program under section 542 of the Housing Act of 1949; or
has a federally backed mortgage loan or a federally backed multifamily mortgage loan.
3. Decide what to do 
If you agree 
You can do what the Notice says by the deadline. If you do, your landlord shouldn't start an eviction court case.
If you partly agree or disagree
Talk to your landlord before the deadline. If there's time, you can ask them to talk about the problem with a mediator - a person specially trained to help people agree. If you don't reach an agreement by the deadline, your landlord can start an eviction case in court.
If you do nothing
Your landlord might start an eviction case in court.
After the eviction trial decision | California Courts | Self Help Guide
If the judge decides your tenant has to move (and owes you money) 
If the judge (or a jury) decides you have the right to evict your tenant, the judge will sign a Judgment of Possession. They may also order your tenant to pay back rent, damages, penalties, and costs, like filing fees and attorney fees (if this is in the rental agreement).
Fill out these forms
Fill out the Judgment - Unlawful Detainer (form UD-110). This gives you the right to get your home back and to collect money if the judge says your tenant owes you. It should say exactly what the judge ordered at your trial. 

	The judge will sign it
File it with the clerk
Make sure to get a copy for your records and make a copy for your tenant if they weren’t at the court date

Fill out a Writ of Execution (form EJ-130). This gives the sheriff permission to lock the tenant out of your home. If the tenant owes you money it gives the sheriff authority to collect money your tenant owes you from places they have money, such as their paycheck or bank.
	Be sure to complete Item 25 on Page 2. This is the part that says you have a judgment from the court that says you have the right to get your home back. 
Take it to the clerk's office to have the clerk issue (stamp) the Writ of Execution 
Take the Writ to the sheriff’s office, but contact the sheriff before going to their office to see what instructions they need from you

The sheriff will give the tenant 5 days to move
The sheriff will serve the tenant with a Notice to Vacate (move out) from your home. This gives your tenant 5 days to move out.
If they don’t move, the sheriff will remove them from the home and lock them out.
Your tenant may have options for slowing down or stopping the eviction. Learn more 

If your tenant needs more time before moving out, they can file a motion for a stay of execution to ask the judge for some extra time before having to move out. 
If they missed the court date because of an emergency or feel they made a mistake, they can file a motion to set aside.
Tentative Rulings | Superior Court of California | County of Tulare
“…the amount that is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be available to receive the payment (provided that, if the address does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed received by the owner on the date posted…”
The Notice does not appear to include, expressly, the name or provide the telephone number of the person to whom payment shall be made. However, the  signature block of counsel identifies him, provides a telephone number and the same address noted above as to payment of rent is provided in the signature block. 
The Court denies the motion on this ground.  
Inclusion of Late Fees
Overstatement of rent is generally prohibited to prevent the “landlord's claiming an overdue rental figure that is so exaggerated that a tenant would never choose to pay” under section 1161(2). (Levitz Furniture Co. v. Wingtip Communications (2001) 86 Cal.App.4th 1035, 1040.)
Rutter notes that “a section 1161(2) or 1161.1 notice to pay rent or quit may only demand sums due as ‘rent.’ Depending on the facts, certain incidental obligations may be properly included in these notices even though not traditionally thought of as ‘rent’” (California Practice Guide, Landlord-Tenant, Paragraph 7:106 – 7:108) (Rutter Group 2023).)
Rutter further notes that rent excludes damages suffered or late charges and thus the notice cannot typically demand these items. (California Practice Guide, Landlord-Tenant, Paragraph 7:106 – 7:108) (Rutter Group 2023).)
However, “the result may be different if the rental agreement defines late charges, interest and the like as ‘additional rent’.” (California Practice Guide, Landlord-Tenant, Paragraph 7:106 – 7:108) (Rutter Group 2023).)
The court in Del Monte Properties & Investments, Inc. v.
Tentative Rulings | Superior Court of California | County of Tulare
Kirwan (1985) 39 Cal.3d 311, 318; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) No other extrinsic evidence can be considered (i.e., no "speaking demurrers"). (Ion Equip. Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881.)
The arguments as to the motion for judgment on the pleadings or demurrer are that the Notice failed to include required information under Code of Civil Procedure section 1161(2) as to the landlord’s names and addresses and that the Notice includes improper late fees. Further, Defendants argue the Notice was improperly served. 
Service of Three-Day Notice
Unlawful detainer actions require strict compliance with statutory requirements in order for the landlord to be entitled to such summary procedure. (Culver Center Partners East No. 1, L.P. v. Baja Fresh Westlake Village, Inc. (2010) 185 Cal.App.4th 744, 749) A lessor thus must allege proper service of the requisite notice. (Borsuk v. Appellate Division of Superior Court (2015) 242 Cal.App.4th 607, 611.) Pursuant to Code of Civil Procedure section 1161, a tenant is entitled to a three-day notice to pay rent or quit. (Code. Civ. Proc., § 1161; Borsuk, supra, 242 Cal.App.4th at 611.)
The Notice is a three-day notice under Code of Civil Procedure section 1161(2).
Here, the complaint indicates service of the Notice by posting a copy on the premises on March 19, 2024. 
As noted above, this is a commercial unlawful detainer matter.
As to service of such the Notice, Code of Civil Procedure section 1162 states:
“(a) Except as provided in subdivision (b), the notices required by Sections 1161 and 1161a may be served by any of the following methods:…