This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.
This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.
An individual, which includes a sole proprietorship, may file a claim up to a maximum of $12,500. Only the actual party to the claim may file. You must represent yourself at the small claims hearing. Attorneys or others are not permitted to represent a party in small claims court.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
Select the evidence that proves what you need to show. Review the information you identified and pick out the evidence that will convince the judge of the points you need to explain. Choose evidence that relates directly (is “relevant”) to what you need to show (“prove”).
Whether you are appearing in person, by telephone, or virtually, you must submit copies of your evidence to the court and to any other parties at least (10) days prior to your hearing. You must complete and file this form LASC CIV 278 and use LASC CIV 279 mailing labels.
The Small Claims Hearing When submitting evidence, you must complete form LASC CIV 278 and use LASC CIV 279 mailing labels. You will have to provide proof that the other parties were sent copies of your evidence. You can get this from the Post Office at the time you mail these forms.
How to admit exhibits into evidence at a trial Show your exhibit to the other side and mark it. Have your witness identify your exhibits. Show the witness has first-hand knowledge of the exhibit. Ask the judge to admit the exhibit as evidence.
San Diego Superior Court Division Addresses: Central DivisionCentral DivisionSouth County Division 1100 Union Street San Diego, CA 92101 330 W. Broadway San Diego, CA 92101 500 Third Avenue Chula Vista, CA 91910
Proof of service. Parties must file with the court a completed form to prove that the other party received the petition or complaint or response to petition or complaint. (Subd (a) amended and lettered effective January 1, 2017; adopted as unlettered subd.)
A Declaration of Due Diligence is a statement of the efforts that have already been made to get the other party served. You should also tell the judge all that you know about where the other party might be.
The server tries to give the papers in person but can't find the tenant. If no adult is home, the server writes down each attempt to serve the papers. This is called a "declaration of due diligence."