Brian J. Ellis Jr
Landlord–Tenant · Coronado · San Diego County
Bar #262112 · Admitted 2009
Taking new clients (attorney stated)
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Indexed from official State Bar of California records · Identity verification · Updated regularly
Answer FileLandlord–Tenant
Read the notice type and count the days, most pay-or-quit and cure periods run in court days, excluding weekends and judicial holidays (Code of Civil Procedure section 1161). Gather the lease, payment records, and photos, contact legal aid immediately, and never ignore a later unlawful detainer summons: response windows are measured in days.
An eviction notice and a court summons start different clocks. First identify the notice: pay rent or quit, cure a lease violation, quit for serious misconduct, or end a tenancy on 30 or 60 days' notice. Pay-or-quit and cure notices generally exclude weekends and judicial holidays (Code of Civil Procedure section 1161). The lease, payment records, photographs and correspondence help explain the dispute; Tenant Protection Act and local just-cause rules may also apply. After personal service of an unlawful detainer summons and complaint, section 1167 generally allows ten court days to respond, beginning the next day and excluding weekends and court holidays. Substituted service or court-ordered posting and mailing generally requires ten calendar days for service to become complete, then ten court days to respond. Safe at Home service allows fifteen court days. The California Courts response instructions and court self-help centers explain how the service method affects the count. These court-response periods are separate from the landlord's notice; a defective notice may itself be a defense.
Authority: Cal. Code Civ. Proc. §§ 1161, 1167
Source: Cal. Code Civ. Proc. §§ 1161, 1167 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.
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Taking new clients (attorney stated)
Identity verified · View the record →
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