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Bankruptcy Case Filed After Entry of Unlawful Detainer (Eviction) Judgment Does Not Stay Sheriff Lockout

Answer: No. The landlord is not required to serve a Proof of Service along with a Three Day Notice to Pay Rent or Quit. However, after the notice is served, the person serving the notice should complete and sign a Proof of Service. If an eviction action becomes necessary, then the landlord can present the Proof of Service at the trial as a business record to establish the date and manner of service. Although technically not required, submitting a Proof of Service at trial is the standard practice and expected by the Court.

For further information, please contact Wallace, Richardson, Sontag & Le, LLP at (949) 748-3600; website: 

The law firm of Wallace, Richardson, Sontag & Le, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice. 

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June 22, 2015 | Landlord-Tenant Law |