In all proceedings brought to recover the possession of real property pursuant to the provisions of this chapter all courts, wherein such actions are or may hereafter be pending, shall give such actions precedence over all other civil actions therein, except actions to which special precedence is given by law, in the matter of the setting the same for hearing or trial, and in hearing the same, to the end that all such actions shall be quickly heard and determined.

In normal language, what this means is that eviction (unlawful detainer) cases receive priority and preference in the courts. Instead of taking a year or more to resolve as many civil cases normally take, as a result of CCP 1179a, an unlawful detainer case can be resolved in 1-3 months on average, even if the defendant/tenant fights the case.

“As part of the general statutory plan to provide for speedy disposition of unlawful detainer actions, the trial thereof is entitled to unqualified preference in trial setting.” Mobil Oil Corp. v. Superior Court (1978, Cal App 2d Dist) 79 Cal App 3d 486.

Court priority in an unlawful detainer case will only occur so long as possession is still in issue. This means, if the defendant/tenant moves out during the pending unlawful detainer case, then, if the plaintiff/landlord wanted to pursue the case, the unlawful detainer action would be converted to a normal civil case and would no longer receive priority on the court’s calendar.

Read David Piotrowski’s “Landlord Best Practices and Eviction Overview” book. If you need help with an eviction, contact us today. We only represent landlords in eviction cases. Also, be sure to check out our reviews! We look forward to helping you. We offer a free consultation for landlords on most cases.

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Acquire peace of mind knowing your wishes will be carried out! Through our Santa Clarita power of attorney services, we can assist you in creating a power of attorney in Santa Clarita. For example, you may need a Santa Clarita power of attorney for:

• Allowing a designated person to make financial decisions on your behalf
• Allowing a designated person to make medical decisions on your behalf
• Allowing a designated person to act in a very limited scope for a very limited time (for example, to act as your agent in renting out your rental property)
• Allowing a designated person to order documents or pick up documents from a government or private organization

There are many reasons why you may need to create a power of attorney in Santa Clarita. Whatever your reason is for needing a power of attorney in Santa Clarita, contact us for a free consultation. Our rates are reasonable and our goal is to provide you with the best service possible.

For more information, contact the Law Office of David Piotrowski. Attorney Piotrowski can assist you in creating a power of attorney in Santa Clarita.

Not decided yet? Check out our reviews on Yelp!

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The Law Office of David Piotrowski assists people in the Santa Clarita Valley with creating a durable power of attorney. In order for the power of attorney to be “durable,” it must contain certain language that makes it durable. If the Santa Clarita durable power of attorney lacks language specifically making the power of attorney durable, then the power of attorney will terminate if the person who made the power of attorney becomes incapacitated.

If you are in the Santa Clarita Valley or Los Angeles and are considering an estate planning package that consists of a will, living trust, or durable power of attorney, contact the Law Office of David Piotrowski today.

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A power of attorney can be durable or nondurable, meaning the power of attorney can be made to cease when the principal becomes incapacitated, or can be made to continue even after the principal is incapacitated.

An “attorney-in-fact” is the name of the person granted the authority to act on behalf of the principal.

If you are in the Santa Clarita Valley or Los Angeles and are considering an estate planning package that consists of a will, living trust, or power of attorney, contact the Law Office of David Piotrowski today.

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Both the living trust and joint tenancy avoids probate.  A trust is more flexible than joint tenancy and easily divides the property among the list of beneficiaries.  Joint tenancy is less flexible, cannot include post-death trusts for tax planning, and works best when two or three people are involved.

The person creating the trust generally retains control and flexibility and has not made a taxable gift to anyone.  The trustor can generally change the terms of the trust and change the beneficiary at any time without the consent of the beneficiary, because the beneficiary has no vested right to the property.

A person who creates a joint tenancy makes a present transfer of property.  This may result in a gift and may be subjected to taxes.  The new owner may possesses the right of partition and can make it difficult to sell/transfer the property.  Therefore, if you decide to create a joint tenancy, it must be with an individual whom you trust.  Furthermore, a joint tenant’s creditors may reach his or her interest in the property.

A letter trust agreement can avoid many of the negatives of joint tenancy and should negate the elements of a present gift, prevent liability for the joint tenant’s actions, and require the surviving joint tenant to distribute the property as designated in the will.

You may also wish to read my blog entry comparing living trusts to wills.

If you are in the Santa Clarita Valley and are considering an estate planning package that consists of a will or a living trust, contact the Law Office of David Piotrowski today.

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