If I named a minor on the summons and complaint on an unlawful detainer, what do I do?

UPDATED: Sep 9, 2011

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If I named a minor on the summons and complaint on an unlawful detainer, what do I do?

I am the landlord and last week I filed the summons and complaint on all tenants; one was a minor (15 years old). All of the adults have been served personally and they have another 2 days to respond. If they don’t respond then I file a default. However, what do I need to do to remove the minor off the summons and complaint? Will this prolong the process?

Asked on September 9, 2011 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have named various parties in a lawsuit as defendants and some have answered and some have not, you can dismiss without prejudice (meaning you can name that person in a new lawsuit if desired) the minor who is fifteen (15) years old.

To do so, there is a form (usually a judicial council pre-approved form) that you fill out, date, sign and serbe upon all other parties in the action and file it with the court clerk where you have a copy of the document file endorsed.

If you default the adult tenants, you then need to do a prove up hearing with the court for whatever relief you requested in the complaint. If the prove up is granted, you then get a judgment (judgment of eviction if an unlawful detainer action) with a court order that the tenants are to be out of your rental by a certain date.

Good luck.

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