Evicting Squatters in CA

kimberleyMW

New Member
Jurisdiction
California
People I do not know broke into my house and then started living there. The house was still occupied, technically, by my ex Mother-In-Law(who has been leasing this house for 21 years now) but she was not there. All of her possessions, her registered, insured and locked truck in the driveway, but she has not been there due to the onset of Alzheimer's making her incapable of caring for herself.
She has been living with her daughter and In Home Supportive Services workers have been providing her care. Including taking her over to her house once a week -or more- to get clothes, etc. I found out that her main worker is friends with the squatters and that the worker has been lying about even taking my ex mother-in-law over to her house for at least 3 months now. Instead, the worker was going herself and getting my ex mother-in-law some clothes, personal items and then taking my ex mother-in-law out for lunch.
So, I contacted the police who refuse to remove these people from my property despite the fact that they have paid NO MONEY, have run-up trash collection service fees and not paid them causing the City to put them as a Lien on my property taxes, incurred City Ordinance Code Violations for THEIR excessive possessions being an eyesore and blocking fire access, and have now caused me to lose my Property 13 status(due to their doing "New Construction" by building a rickety lean-to on to the garage, which is also a ZONING CODE violation), which resulted in my being accessed a penalty and extra taxes. My question is:. 1)Is there a Ex Parte Summary Motion to get these people out right away; or 2)Is there a Declaration form that can be used for my, the owner's statement, because I do not have any agreement of any kind of which to base an Unlawful Detainer Action on(as it states in the UD complaint, where you have to attach and label as Exhibit #1 the Rental/Lease Agreement) so instead, I am wanting to make a Statement of facts based on information or belief and just swear under penalty of perjury of it's veracity to base the action on instead. Is that correct?
 
People I do not know broke into my house and then started living there. The house was still occupied, technically, by my ex Mother-In-Law(who has been leasing this house for 21 years now) but she was not there. All of her possessions, her registered, insured and locked truck in the driveway, but she has not been there due to the onset of Alzheimer's making her incapable of caring for herself.
She has been living with her daughter and In Home Supportive Services workers have been providing her care. Including taking her over to her house once a week -or more- to get clothes, etc. I found out that her main worker is friends with the squatters and that the worker has been lying about even taking my ex mother-in-law over to her house for at least 3 months now. Instead, the worker was going herself and getting my ex mother-in-law some clothes, personal items and then taking my ex mother-in-law out for lunch.
So, I contacted the police who refuse to remove these people from my property despite the fact that they have paid NO MONEY, have run-up trash collection service fees and not paid them causing the City to put them as a Lien on my property taxes, incurred City Ordinance Code Violations for THEIR excessive possessions being an eyesore and blocking fire access, and have now caused me to lose my Property 13 status(due to their doing "New Construction" by building a rickety lean-to on to the garage, which is also a ZONING CODE violation), which resulted in my being accessed a penalty and extra taxes. My question is:. 1)Is there a Ex Parte Summary Motion to get these people out right away; or 2)Is there a Declaration form that can be used for my, the owner's statement, because I do not have any agreement of any kind of which to base an Unlawful Detainer Action on(as it states in the UD complaint, where you have to attach and label as Exhibit #1 the Rental/Lease Agreement) so instead, I am wanting to make a Statement of facts based on information or belief and just swear under penalty of perjury of it's veracity to base the action on instead. Is that correct?


What you've described could be burglary.

Report it to the local police and see if help is forthcoming.
 
I agree with the eviction. It's a lousy situation but it is the proper procedure.

It will not be burglary unless there is some intent to commit a theft or any felony upon making entry. Probably tough to prove that at this point.

Police won't be much help to you here unfortunately. Thank your California legislators for their crappy laws.
 
Is there a Ex Parte Summary Motion to get these people out right away

No.

Is there a Declaration form that can be used for my, the owner's statement, because I do not have any agreement of any kind of which to base an Unlawful Detainer Action on(as it states in the UD complaint, where you have to attach and label as Exhibit #1 the Rental/Lease Agreement) so instead, I am wanting to make a Statement of facts based on information or belief and just swear under penalty of perjury of it's veracity to base the action on instead. Is that correct?

I don't really understand the question. Hire an attorney to get this problem solved properly and expeditiously. Trying to handle this yourself is a recipe for disaster.
 
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