This case was last updated from San Bernardino County Superior Courts on 07/02/2018 at 18:27:09 (UTC).

GARCIA -V- MONDAY ETAL

Case Summary

On 04/17/2017 GARCIA filed a Property - Residential Eviction lawsuit against MONDAY ETAL. This case was filed in San Bernardino County Superior Courts, Barstow District Courthouse located in San Bernardino, California. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0835

  • Filing Date:

    04/17/2017

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Property - Residential Eviction

  • Court:

    San Bernardino County Superior Courts

  • Courthouse:

    Barstow District Courthouse

  • County, State:

    San Bernardino, California

 

Party Details

Plaintiffs

LUZ GARCIA

JESUS GARCIA

Defendant

JAMES MONDAY

Other

ALL UNKNOWN OCCUPANTS

 

Court Documents

LEVYING OFFICER NOTICE ON WRIT OF POSSESSION FROM SAN BERNARDINO COUNTY FILED SATISFIED WITH COSTS OF $145.00.

LEVYING OFFICER NOTICE ON WRIT OF POSSESSION FROM SAN BERNARDINO COUNTY FILED SATISFIED WITH COSTS OF $145.00.

JUDGMENT ON UD COMPLAINT <$10,000 FILED 04/17/2017 OF JESUS GARCIA FILED

JUDGMENT ON UD COMPLAINT <$10,000 FILED 04/17/2017 OF JESUS GARCIA FILED; Minutes; JUDGMENT ON UD COMPLAINT < $10,000 FILED 04/17/2017 OF JESUS GARCIA ORDERED ENTERED 06/01/17; JUDGMENT FOR: JESUS GARCIA, LUZ GARCIA; JUDGMENT AGAINST: JAMES MONDAY; STAGE AT DISPOSITION: ENTRY OF JUDGMENT - DEFAULT JUDGMENT BY COURT BEFORE TRIAL (CIV); DISPOSITION: ENTRY 0F JUDGMENT DEFAULT BY COURT BEFORE TRIAL (CIV)

WRIT OF POSSESSION ISSUED FOR SAN BERNARDINO COUNTY ( SB)

WRIT OF POSSESSION ISSUED FOR SAN BERNARDINO COUNTY ( SB)

APPLICATION FOR WRIT OF POSSESSION PURSUANT TO CCP712.010 FILED.

APPLICATION FOR WRIT OF POSSESSION PURSUANT TO CCP712.010 FILED.

STATEMENT OF DECISION AND JUDGMENT FILED BY COURT.

STATEMENT OF DECISION AND JUDGMENT FILED BY COURT.

COURT TRIAL SET - NOTICE SENT TO PARTIES. ESTIMATED TRIAL LENGTH 00:15 HRS.; Disposition: Pre-D Complete

COURT TRIAL SET - NOTICE SENT TO PARTIES. ESTIMATED TRIAL LENGTH 00:15 HRS.; Disposition: Pre-D Complete; Minutes; MATTER ELECTRONICALLY RECORDED; 10:45; JAMES R BAXTER, COMMISSIONER; CLERK: AMANDA JAMES; BAILIFF: E. BARELA; APPEARANCES:; ATTORNEY WILLIAM GARRETT JR. PRESENT FOR PLAINTIFF/PETITIONER.; PLAINTIFF JESUS GARCIA PRESENT; CERTIFIED INTERPRETER MILTON SAUCEDO #301753 IS PRESENT TO INTERPRET SPANISH/ENGLISH FOR PLAINTIFF. INTERPRETER'S JUDICIAL COUNCIL BADGE NUMBER HAS BEEN VALIDATED AND IDENTIFICATION HAS BEEN VERIFIED.; INTERPRETER OATH HAS BEEN ADMINISTERED AND PLACED ON FILE WITH THE COURT.; DEFENDANT JAMES MONDAY PRESENT; PARTIES NOT PRESENT: LUZ GARCIA; PROCEEDINGS:; PREDISPOSITION HEARING HELD; PARTIES ADVISED RE:COMMISSIONER/ATTORNEY PRO TEM; NO OBJECTION RAISED. FAILURE TO OBJECT IS DEEMED A STIPULATION TO COMMISSIONER/ATTORNEY PRO TEM SITTING AS JUDGE PRO TEM.; NO SETTLEMENT REACHED; WITNESS -- JESUS GARCIA IS SWORN AND EXAMINED.; DOCUMENT(S) SUBMITTED FOR REVIEW.; WITNESS -- JAMES MONDAY IS SWORN AND EXAMINED.; DOCUMENT(S) SUBMITTED FOR REVIEW.; EXHIBIT(S) RETURNED TO PARTIES.; AFTER TESTIMONY AND DUE CONSIDERATION BY THE COURT :; MATTER TAKEN UNDER SUBMISSION.; COURT FINDS:; ANALYSIS: THE COURT FINDS DEFENDANTS ATTEMPT TO TENDER THE; RENT CONTAINED IN THE 3 DAY NOTICE WAS INSUFFICIENT. DEFENDANT TESTIFIED HE ATTEMPTED; TO DELIVER CASH TO THE ADDRESS PROVIDED DURING THE HOURS STATED ONCE ON THE FIRST DAY AFTER THE; SERVICE OF THE NOTICE. HE ADMITTED, HOWEVER, HE DID NOT ATTEMPT TO CALL THE NUMBER PROVIDED,; MAKE ANY OTHER ATTEMPTS, CONVERT THE CASH TO A MONEY ORDER AND MAIL IT OR DEPOSIT INTO AN; ACCOUNT FOR THE BENEFIT OF THE LANDLORD. ACCORDINGLY, THE TENANT FAILED TO MEET HIS; BURDEN OF PROOF TO MAKE A GOOD FAITH ATTEMPT TO TENDER THE MONEY BY ONLY MAKING ONE ATTEMPT.; JUDGMENT ON UD COMPLAINT <$10,000 FILED 04/17/2017 OF JESUS GARCIA ORDERED AS FOLLOWS:; JUDGMENT FOR JESUS GARCIA, LUZ GARCIA; JUDGMENT AGAINST JAMES MONDAY; JUDGMENT IN THE AMOUNT OF: PRINCIPAL $1,080.00, INTEREST $0.00, ATTORNEY FEES $500.00, COSTS $320.00, AND DAMAGES $265.76.; JUDGMENT TOTAL IS: $2,165.76; JUDGMENT FOR POSSESSION ON PARTY: JAMES MONDAY, ALL UNKNOWN OCCUPANTS. COURT ORDERS RESTITUTION OF PREMISES.; FORFEITURE OF RENTAL/LEASE AGREEMENT; WRIT TO ISSUE FORTHWITH.; PLAINTIFF TO PREPARE JUDGMENT.; ACTION - COMPLETE; CERTIFICATE OF ELECTRONIC RECORDING MONITOR PRINTED.; CORRESPONDENCE COVERSHEET GENERATED TO MAIL STATEMENT OF DECISION AND 5/11/17 MINUTES TO COUNSEL OF RECORD.

NOTICE OF RETURN OF DOCUMENT(S)

NOTICE OF RETURN OF DOCUMENT(S)

REQUEST TO ENTER DEFAULT AGAINST ALL UNKNOWN OCCUPANTS FILED.

REQUEST TO ENTER DEFAULT AGAINST ALL UNKNOWN OCCUPANTS FILED.

PROOF OF SERVICE OF PRE JUDGMENT CLAIM; SERVED AS TO ALL UNKNOWN OCCUPANTS ON 04/21/17 WITH FEES OF $20.00.

PROOF OF SERVICE OF PRE JUDGMENT CLAIM; SERVED AS TO ALL UNKNOWN OCCUPANTS ON 04/21/17 WITH FEES OF $20.00.

REQUEST FOR SETTING FILED; TRIAL ESTIMATE 00:15 HOURS.

REQUEST FOR SETTING FILED; TRIAL ESTIMATE 00:15 HOURS.

COURT TRIAL SENT TO PARTIES

COURT TRIAL SENT TO PARTIES

ORDER ON COURT FEE WAIVER GRANTED FILED.

ORDER ON COURT FEE WAIVER GRANTED FILED.

PROOF OF SERVICE OF ANSWER BY MAIL ON 04/27/17 AS TO JESUS GARCIA & LUZ GARCIA, FILED.

PROOF OF SERVICE OF ANSWER BY MAIL ON 04/27/17 AS TO JESUS GARCIA & LUZ GARCIA, FILED.

ANSWER FILED BY JAMES MONDAY; PARTY REPRESENTED BY PRO/PER.

ANSWER FILED BY JAMES MONDAY; PARTY REPRESENTED BY PRO/PER.

ORDER ON APPLICATION FOR POSTING AND MAILING GRANTED AND FILED WITH FEES IN THE AMOUNT OF $20.00.

ORDER ON APPLICATION FOR POSTING AND MAILING GRANTED AND FILED WITH FEES IN THE AMOUNT OF $20.00.

CIVIL CASE COVER SHEET FILED.

CIVIL CASE COVER SHEET FILED.

UNLAWFUL DETAINER COMPLAINT <$10,000 FILED. SUMMONS ISSUED AND FILED.

UNLAWFUL DETAINER COMPLAINT <$10,000 FILED. SUMMONS ISSUED AND FILED.

5 More Documents Available

 

Docket Entries

  • 06/16/2017
  • View Court Documents
  • LEVYING OFFICER NOTICE ON WRIT OF POSSESSION FROM SAN BERNARDINO COUNTY FILED SATISFIED WITH COSTS OF $145.00.

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  • 06/13/2017
  • STATUS CONFERENCE -- UNLAWFUL DETAINER; Disposition: VACATED

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  • 06/01/2017
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  • JUDGMENT ON UD COMPLAINT <$10,000 FILED 04/17/2017 OF JESUS GARCIA FILED; Minutes; JUDGMENT ON UD COMPLAINT < $10,000 FILED 04/17/2017 OF JESUS GARCIA ORDERED ENTERED 06/01/17; JUDGMENT FOR: JESUS GARCIA, LUZ GARCIA; JUDGMENT AGAINST: JAMES MONDAY; STAGE AT DISPOSITION: ENTRY OF JUDGMENT - DEFAULT JUDGMENT BY COURT BEFORE TRIAL (CIV); DISPOSITION: ENTRY 0F JUDGMENT DEFAULT BY COURT BEFORE TRIAL (CIV)

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  • 05/30/2017
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  • WRIT OF POSSESSION ISSUED FOR SAN BERNARDINO COUNTY ( SB)

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  • 05/30/2017
  • WRIT FEE OF $25.00 PAID; Minutes; Receipt: 170530-0493 $25.00; 170530-0493-VS Reference Number 026-0046911526

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  • 05/30/2017
  • View Court Documents
  • APPLICATION FOR WRIT OF POSSESSION PURSUANT TO CCP712.010 FILED.

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  • 05/25/2017
  • JUDGMENT RECEIVED.

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  • 05/15/2017
  • View Court Documents
  • STATEMENT OF DECISION AND JUDGMENT FILED BY COURT.

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  • 05/11/2017
  • View Court Documents
  • COURT TRIAL SET - NOTICE SENT TO PARTIES. ESTIMATED TRIAL LENGTH 00:15 HRS.; Disposition: Pre-D Complete; Minutes; MATTER ELECTRONICALLY RECORDED; 10:45; JAMES R BAXTER, COMMISSIONER; CLERK: AMANDA JAMES; BAILIFF: E. BARELA; APPEARANCES:; ATTORNEY WILLIAM GARRETT JR. PRESENT FOR PLAINTIFF/PETITIONER.; PLAINTIFF JESUS GARCIA PRESENT; CERTIFIED INTERPRETER MILTON SAUCEDO #301753 IS PRESENT TO INTERPRET SPANISH/ENGLISH FOR PLAINTIFF. INTERPRETER'S JUDICIAL COUNCIL BADGE NUMBER HAS BEEN VALIDATED AND IDENTIFICATION HAS BEEN VERIFIED.; INTERPRETER OATH HAS BEEN ADMINISTERED AND PLACED ON FILE WITH THE COURT.; DEFENDANT JAMES MONDAY PRESENT; PARTIES NOT PRESENT: LUZ GARCIA; PROCEEDINGS:; PREDISPOSITION HEARING HELD; PARTIES ADVISED RE:COMMISSIONER/ATTORNEY PRO TEM; NO OBJECTION RAISED. FAILURE TO OBJECT IS DEEMED A STIPULATION TO COMMISSIONER/ATTORNEY PRO TEM SITTING AS JUDGE PRO TEM.; NO SETTLEMENT REACHED; WITNESS -- JESUS GARCIA IS SWORN AND EXAMINED.; DOCUMENT(S) SUBMITTED FOR REVIEW.; WITNESS -- JAMES MONDAY IS SWORN AND EXAMINED.; DOCUMENT(S) SUBMITTED FOR REVIEW.; EXHIBIT(S) RETURNED TO PARTIES.; AFTER TESTIMONY AND DUE CONSIDERATION BY THE COURT :; MATTER TAKEN UNDER SUBMISSION.; COURT FINDS:; ANALYSIS: THE COURT FINDS DEFENDANTS ATTEMPT TO TENDER THE; RENT CONTAINED IN THE 3 DAY NOTICE WAS INSUFFICIENT. DEFENDANT TESTIFIED HE ATTEMPTED; TO DELIVER CASH TO THE ADDRESS PROVIDED DURING THE HOURS STATED ONCE ON THE FIRST DAY AFTER THE; SERVICE OF THE NOTICE. HE ADMITTED, HOWEVER, HE DID NOT ATTEMPT TO CALL THE NUMBER PROVIDED,; MAKE ANY OTHER ATTEMPTS, CONVERT THE CASH TO A MONEY ORDER AND MAIL IT OR DEPOSIT INTO AN; ACCOUNT FOR THE BENEFIT OF THE LANDLORD. ACCORDINGLY, THE TENANT FAILED TO MEET HIS; BURDEN OF PROOF TO MAKE A GOOD FAITH ATTEMPT TO TENDER THE MONEY BY ONLY MAKING ONE ATTEMPT.; JUDGMENT ON UD COMPLAINT <$10,000 FILED 04/17/2017 OF JESUS GARCIA ORDERED AS FOLLOWS:; JUDGMENT FOR JESUS GARCIA, LUZ GARCIA; JUDGMENT AGAINST JAMES MONDAY; JUDGMENT IN THE AMOUNT OF: PRINCIPAL $1,080.00, INTEREST $0.00, ATTORNEY FEES $500.00, COSTS $320.00, AND DAMAGES $265.76.; JUDGMENT TOTAL IS: $2,165.76; JUDGMENT FOR POSSESSION ON PARTY: JAMES MONDAY, ALL UNKNOWN OCCUPANTS. COURT ORDERS RESTITUTION OF PREMISES.; FORFEITURE OF RENTAL/LEASE AGREEMENT; WRIT TO ISSUE FORTHWITH.; PLAINTIFF TO PREPARE JUDGMENT.; ACTION - COMPLETE; CERTIFICATE OF ELECTRONIC RECORDING MONITOR PRINTED.; CORRESPONDENCE COVERSHEET GENERATED TO MAIL STATEMENT OF DECISION AND 5/11/17 MINUTES TO COUNSEL OF RECORD.

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  • 05/04/2017
  • REQUEST FOR COURT TRIAL FROM JAMES MONDAY IS RETURNED BY COURT FOR THE FOLLOWING REASON(S): COURT TRIAL ALREADY SET *.

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12 More Docket Entries
  • 04/27/2017
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  • ANSWER FILED BY JAMES MONDAY; PARTY REPRESENTED BY PRO/PER.

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  • 04/21/2017
  • FILING FEE PAID BY JESUS GARCIA FOR ORDER TO POST; Minutes; Receipt: 170421-0500 $20.00; 170421-0500-VS Reference Number 026-0030426456

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  • 04/21/2017
  • APPLICATION FOR ORDER TO POST SUMMONS & COMPLAINT FILED.

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  • 04/21/2017
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  • ORDER ON APPLICATION FOR POSTING AND MAILING GRANTED AND FILED WITH FEES IN THE AMOUNT OF $20.00.

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  • 04/17/2017
  • PAST DUE RENT IS $1,080.00

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  • 04/17/2017
  • DECLARATION OF DAILY RENTAL VALUE FILED -- DAILY RENTAL VALUE IS $24.16.--BEGINNING ON 05/01/17

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  • 04/17/2017
  • FEE PAYMENT; Minutes; Receipt: 170417-1003 $255.00; 170417-1003-VS Reference Number 026-0028298323

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  • 04/17/2017
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  • CIVIL CASE COVER SHEET FILED.

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  • 04/17/2017
  • View Court Documents
  • UNLAWFUL DETAINER COMPLAINT <$10,000 FILED. SUMMONS ISSUED AND FILED.

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  • 04/17/2017
  • CASE ASSIGNED FOR ALL PURPOSES TO DEPARTMENT B1

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