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UNLAWFUL DETAINERS (EVICTIONS)
An unlawful detainer
lawsuit is a civil case brought by a landlord to obtain possession
of rented property and receive payment of back rent. In order to
legally evict a tenant (remove and lock the tenant out of the
property), the landlord must file an unlawful detainer case. An
award for possession of property authorizes the landlord to evict
the tenant from the property. If the landlord is also awarded
judgment for payment of back rent, he or she may collect the
judgment by garnishing the tenant’s wages, attaching the tenant’s
property, or any other legal means.
For more information
click the links below:
SMALL CLAIMS
Small
Claims court is a special civil court where disputes are resolved
quickly and inexpensively. The rules are simple and informal.
You may ask a lawyer for advice before you go to court, but a lawyer
is not allowed to represent you in court.
Generally claims are limited to $5,000. However, an individual may
claim up to $7,500. Corporations, partnerships governmental
entities and other legal entities cannot claim more than $5,000.
You can file as many claims as you want for up to $2,500 each in a
year. But you can only file two claims a year that demand more than
$2,500.
For
more information click the links below:
SMALL CLAIMS ADVISOR INFORMATION
A
Small Claims Advisor is available to give assistance to anyone who
is involved in a Small Claims case or who may become involved in a
Small Claims case. The Small Claims Advisor can also help with Small
Claims appeals as well as “post judgment” matters such as collection
of money by writs and liens. For information regarding contacting
the Small Claims Advisor, click on the links below.
CIVIL HARASSMENT
RESTRAINING ORDER
A Civil Harassment Restraining Order is a court order that protects
people from harassment. You can ask for this court order if you are
worried about your safety because someone stalked, harassed,
threatened you with violence, financially abused you, or sexually
assaulted you. The court can order a person not to:
threaten or harass you, contact or go near you, your home, your
work, or have a gun. You can also ask for protection for your family
members or other household members. You can get a Civil Harassment
Restraining Order against people who are not close to you, such as
roommates, neighbors, co-workers, or non-immediate family members.
For more information, click the links below:
GUARDIANSHIP
A
guardianship is a court case in which a person who is not the parent
of a child asks for custody of the child, the power to manage the
child’s property, or both. There are two types of guardianships.
Most cases go to the Probate Court. But if the child is a dependent
or ward of the juvenile court, guardianship must be decided in
Juvenile Court.
Where can I get help filling out the
guardianship petition?
How to Contact a
Probate Examiner Regarding Probate Notes
CONSERVATORSHIPS
A
conservatorship is a court case in which a
judge appoints a family member, friend or other responsible person
(called a conservator) to care for another adult who cannot
care for him or herself (called a conservatee). Once you are
appointed conservator, you are legally responsible to provide care
for the conservatee’s daily needs.
There are two types of
conservatorship actions:
General Probate Conservatorship
is for all other adults who are unable to provide for their personal
needs due to physical injury, dementia or other reasons rendering
them incapable of caring for themselves or making them subject to
undue influence.
Limited Conservatorship is only for a person who is
developmentally disabled. In this type of conservatorship the
powers of the conservator are limited so that the disabled person
may live as independently as possible.
Where Can I Get
Help on Conservatorship Matters?
You
may be eligible for free legal assistance through Public Service Law
Corporation’s Conservatorship
Assistance Program. Clinics are held Monday and Friday
mornings. To schedule an appointment call 951.682.7968.
What are Probate Notes and why they are important to your case?
How to Contact a Probate Examiner Regarding Probate Note
After reviewing the probate notes on the website, you may contact
the probate examiner by calling the clerk's office at 951.955.1970
and request to speak with an examiner. You can also
email a probate examiner.
(Email is checked daily and you should receive a response within 24
hours)
However, keep in mind the examiner may only speak with you regarding
procedure. Examiners may not give legal advice or advise you how to
handle your matter.
PROBATE-DECEDENT'S ESTATES
Probate is the legal
process dealing with the administration of decedents estates. The
probate process can be very complex, time consuming and costly.
Court supervision is required before property will pass to heirs or
beneficiaries. An estate can be probated with or without a will. A
will is a document that directs the distribution of the property.
If there is no will, the property passes by way of intestate
succession (Probate Code, Section 6400, et seq.). In the probate
process the court will designate a personal representative of the
estate who must closely follow probate procedures and carefully
account for and distribute assets. All property must be appraised,
certain items by the personal representative and other items by the
assigned probate referee. See Probate Code, Section 8800, et seq.
The court may order that the personal representative be bonded to
protect the assets of the estate.
In estates where the total value of the assets are less than
$100,000, certain affidavits may allow transfer of property (Probate
Code, Section 13100, et seq.). The affidavit to transfer personal
property is not filed with the court. The affidavit to transfer
real property must be filed with the court and a hearing held.
Proper notice of the hearing must be given.
In certain cases, a spouse may
transfer property without the need for a formal probate. This
requires that a petition be filed, proper notice given, and
appearance at a court hearing. See Probate Code, Section 13500, et
seq.
Brochure – Transferring Property
When Someone Dies
For more information regarding
Decedent’s Estates, you can conduct your own research by reviewing
several probate practice guides at the Riverside County Law Library,
click here
You can contact the Riverside County Bar
Association’s Lawyer Referral Service for a low-cost consultation at
951-682-7520, or visit
Riverside County Bar's website.
NAME CHANGE
In order to get a court order changing your name or a child’s name,
you must file a petition in the Superior Court in the county where
you live.
You can then use the court order to change the birth certificate,
passport, social security card, driver’s license, and other
documents.
After you file your petition to change the name, you will get a
court hearing. Before your hearing, you will have to put a notice in
a court-approved newspaper for 4 weeks in a row, one day per week.
If you are trying to change the name of your child, you will also
have to let the other parent know so that s/he has a chance to come
to court if s/he doesn’t agree. If both parents agree, they both can
sign the petition to change their child’s name.
TRAFFIC COURT
If you have received a
traffic citation (ticket) in Riverside County, you can either, pay
the fine, request traffic school, or contest the ticket (request a
future court date or trial). Some tickets require a “mandatory
appearance,” in which case you must appear in Court. If you have
received a compliance (fix-it) ticket, you must correct the
violation, get the ticket signed off by an authorized agent, and
provide proof of the correction to the court along with the reduced
fine. Riverside Superior Court provides online & telephonic
resources to pay fines, request traffic school, and receive
information regarding your citation. For more information click the
links below:
EXPUNGEMENT
An expungement allows you to reopen your
criminal case, set aside the conviction and dismiss the case. As a result, your
criminal record will no longer show the conviction. However the expungement
will continue to appear on your record. It is important to note that the
expungement does not clear from your record the fact that you were
arrested or that charges were filed.Following a successful
expungement, if a potential employer asks if you have ever been convicted you
can honestly answer “no”. Keep in mind, though, that background checks
typically go back 10 years, and employers can see that you had a conviction
dismissed. Answering "No" may look dishonest. A better response may be "Yes,
expungement granted."
If you are applying for a government job, a job
that requires security clearance, or a job that requires a government-issued
license, certificate or permit, the conviction will likely be discovered during
the standard background check. You should disclose the conviction and
expungement in these situations.If you are applying for a government-issued
license, certificate, or permit, you must disclose your conviction and
expungement.
The conviction can still be
used against you in future criminal proceedings and by the DMV for purposes of
suspending or restricting your license. A successful expungement does not
relieve you of any prohibition on the ownership or possession of firearms
resulting from the conviction. For more information click
the links below:
SELF-HELP INFORMATION CENTERS
- What are Self-Help Information Centers?
Self-Help Information Centers provide general assistance to
people who do not have attorneys. Assistance is provided in the
areas of family law, evictions, small claims, name changes,
guardianship, conservatorship, probate and restraining orders.
You can also find information about upcoming workshops and other
available assistance.
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Where are the Self-Help Information Centers Located?
Self-Help
Information Centers are open from 7:30 a.m. to 4:00 p.m. at the
following court locations:
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What types of resources are available at the Self-Help
Information Center?
Computers
– Computers
provide access to the Court’s Internet. They may also be used to complete legal
documents, conduct research, find additional resources and access court
records. Please note that there is a fee of $0.50 per page to print copies from
a court file.
Self-Help Publications
– Self-help books covering various areas of law are
available for
public use while visiting the Self-Help Information Center. Subjects
include divorce, grandparent rights, landlord rights, tenant rights, small
claims and other topics.
Form Packets
– Commonly used form packets of legal documents are available. For
instance, there are form packets for Unlawful Detainer, Divorce, and Default
Judgment (Divorce).
Brochures
– Brochures providing general and specific information on a variety of topics
are also available.
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Is there a fee for using the Self-Help Information Center or
the Self-Help Centers?
There is
no fee to use the centers or any assistance provided. However, you may need
to pay for copies and court filing fees at the clerk's office.
ALTERNATIVE
DISPUTE RESOLUTION (ADR)
Most
people solve their legal problems without a trial. “ADR” can help.
What is ADR?
ADR (“Alternative Dispute
Resolution”) is a way to solve legal problems without going through
trial. Two examples are Arbitration and Mediation.
Arbitration:
Arbitration is like a trial, but it
is less formal. It takes place in an office, not a courtroom. The
parties (people with a legal dispute) present their evidence to an
“arbitrator.” The arbitrator decides who wins the case and how much
they win.
There are two kinds of arbitration.
“Binding” arbitration means that the arbitrator’s decision is final.
There is no appeal or trial after that decision. “Nonbinding”
arbitration means that after the arbitration, either party can
request a trial. But if the party who requests the trial gets a
worse decision at trial, there may be penalties.
Mediation:
Mediation is nothing like a trial.
The parties meet with a mediator in an office. The mediator may
meet with the parties separately or together. The mediator listens
to all the parties and tries to help them work out a solution that
works for everyone. The mediator does not make a decision and does
not talk to the judge about the case. If the parties cannot agree on
a solution, the case can go to trial.
There are many advantages to
Mediation:
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Mediation saves time:
Your dispute may be resolved in less time than it takes to proceed
through
court;
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Mediation saves money:
The number of trips to court are reduced, saving time and money;
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Mediation encourages cooperation:
The parties can work together, with the help of the mediator, to resolve their
case in a way that makes sense to them;
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Mediation can reduce stress:
Mediation is informal, and saves time and money. There are fewer court
appearances required and the dispute can be resolved sooner, so you don’t have
an unresolved dispute hanging over your head for years;
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Mediation encourages participation:
In mediation, the parties have more opportunity to tell their side of the story;
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Mediation can be more satisfying:
In mediation, the parties have more control over the outcome of the dispute.
For more information or to locate ADR
programs:
Additional
Online Resources
These
links are intended to help you find legal assistance, learn about
California law, and represent yourself in some legal matters.
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