Were You Illegally Evicted in California Through Default Judgement?
YOU WERE MARKED BY AN PREDATORY EVICTION ATTORNEY WHO CAN’T WIN WITHOUT
COMMITTING FELONIES.
You must prosecute the attorneys in civil court and pursue perjury charges in criminal court.
Attorney, Kevin Kumar Gupta #246994
Law Office of Kevin K. Gupta, Esq.,
325 7th Ave, Unit 1008,
San Diego, CA 92101-7180
Phone: 619-972-6544
Email:
[email protected]Admitted to the State Bar of California, 12/1/2006
Dana R. Wares #282895
License Status: Active
Law Offices of Kimball, Tirey & St. John
2300 Clayton Rd Ste 1350
Concord, CA 94520-2141
Phone: 925-942-1690 | Fax: 925-942-1694
Email:
[email protected]Admitted to the State Bar of California, 6/4/2012
Todd Bennett Rothbard #67351
License Status: Active
100 Saratoga Ave Ste 200,
Santa Clara, CA 95051-7337
Phone: 408-244-4200 | Fax: 408-244-4267
Email:
[email protected] |
Admitted to the State Bar of California, 12/18/1975
ALL EVICTION ATTORNEYS FALSIFY DEFAULT JUDGEMENTS
In California, when an attorney requests a default judgment in an unlawful detainer case, they
must comply with certain procedural requirements and may need to submit various affidavits and
declarations under oath. If an attorney lies about service or prematurely files for default, they
will face serious legal consequences – only if you act and use the following useful facts, citations
and case laws precents.
Requirements for Default Judgment in Unlawful Detainer Actions
1. Affidavit or Declaration of Facts
o The attorney must submit an affidavit or declaration under penalty of perjury
detailing the facts of the case, including proper service of the summons and
complaint. This is typically required by CCP § 585 and § 585.5.
2. Declaration of Non-Military Status
o A declaration must be provided confirming that the defendant is not in military
service, as required by the Servicemembers Civil Relief Act (50 U.S.C. § 3931)
and California Military and Veterans Code §§ 400 and 402(f).
3. Proof of Service
o The attorney must file a Proof of Service (Judicial Council Form POS-010)
demonstrating that the defendant was properly served with the summons and
complaint as per CCP § 415.46.
Legal Consequences for Misconduct by an Attorney
1. Perjury (Penal Code § 118)
o If an attorney knowingly submits a false affidavit or declaration under penalty of
perjury, they are committing perjury. Perjury is a felony offense in California.
2. Fraud upon the Court
o Knowingly filing false documents or misrepresenting facts to obtain a default
judgment constitutes fraud upon the court. This can result in the judgment being
vacated and sanctions against the attorney.
3. Violation of Professional Ethics (Business and Professions Code § 6068)
o An attorney has a duty to employ only those means consistent with truth, and not
to mislead the court by an artifice or false statement. Violating these duties can
lead to disciplinary action by the State Bar of California.
4. Contempt of Court (CCP § 1209)
o An attorney who knowingly misleads the court or engages in misconduct may be
held in contempt of court, which can result in fines, imprisonment, or both.
5. Civil Liability for Malpractice
o If the attorney’s misconduct results in damages to a party, such as wrongful
eviction, the attorney may be sued for legal malpractice.
Case Law on Attorney Misconduct in Unlawful Detainer Actions
1. Burke v. Superior Court, 71 Cal.2d 276 (1969)
o Established that false affidavits in obtaining default judgments can constitute
fraud upon the court.
2. Stephen Slesinger, Inc. v. Walt Disney Co., 155 Cal.App.4th 736 (2007)
o Discussed sanctions and consequences for fraudulent conduct by attorneys in
litigation.
3. In re Marriage of Flaherty, 31 Cal.3d 637 (1982)
o Emphasized that attorneys must act in good faith and uphold their duties to the
court and the legal system.
Steps to Take if You Suspect Attorney Misconduct
1. Motion to Set Aside Default Judgment
o File a motion under CCP § 473(b) to set aside the default judgment, citing fraud,
mistake, or excusable neglect.
2. Report to the State Bar of California
oFile a complaint with the State Bar if you believe the attorney has violated ethical
duties or engaged in fraudulent conduct.
3. Seek Legal Advice
o Although you have expressed a preference not to consult an attorney, seeking
legal advice from a legal aid organization or self-help center can provide guidance
on your specific situation.
Example of an Affidavit for Default Judgment in Unlawful Detainer
Here is an example of what an affidavit might include:
plaintext
Copy code
DECLARATION OF [ATTORNEY'S NAME] IN SUPPORT OF REQUEST FOR DEFAULT JUDGMENT
I, [Attorney's Name], declare as follows:
1. I am the attorney of record for the Plaintiff in the above-entitled
action.
2. The defendant(s) were served with the summons and complaint on [date] as
evidenced by the Proof of Service filed with the court.
3. The defendant(s) have failed to respond to the complaint within the time
allowed by law.
4. I have verified that the defendant(s) are not in military service as
required by the Servicemembers Civil Relief Act (50 U.S.C. § 3931) and
California Military and Veterans Code §§ 400 and 402(f).
5. The defendant(s) owe the plaintiff past-due rent in the amount of
$[amount], and the daily rental value of the premises is $[amount] per day.
6. Attached hereto as Exhibit A is a true and correct copy of the rental
agreement.
7. Attached hereto as Exhibit B is a true and correct itemized statement of
the amounts due and owing.
I declare under penalty of perjury under the laws of the State of California
that the foregoing is true and correct.
Executed on [date] at [city], California.
[Attorney's Name]
[Attorney's Signature]
By ensuring compliance with these requirements and understanding the consequences of
misconduct, attorneys can avoid the pitfalls associated with improper default judgments in
unlawful detainer actions.
