Landlord-Tenant Litigation (Eviction)


Approximate Time Frame For Eviction Cases

Los Angeles, San Bernandino and Riverside Counties

Courts and Sheriff Departments in these counties are extremely slow due to a higher volume of evictions and overburdened court staff:

Uncontested Cases: Average 4 1/2 - 5 weeks.  Contested Case: Average 6 1/2 - 8 weeks.

Orange County

Uncontested Cases: Average 3 1/2 - 4 weeks.  Contested Cases: Average 5 1/2 - 7 weeks.


Representation of Landlords

Landlords seeking legal representation with tenant disputes and eviction proceedings need an experienced attorney who is knowledgeable about the California landlord-tenant laws, Los Angeles rent control, and eviction control provisions, including just cause evictions, owner-occupancy evictions "OMI", rent non-payment, nuisances, and breach of covenants such as lease subletting restrictions.  Landlords do have substantial legal rights and procedural advantages even in strong tenants' rights localities such as Los Angeles, Hollywood, Santa Monica and other cities in the Los Angeles County.

At the Law Offices of Yousef Monadjemi, we recognize the challenges landlords face in legal matters and aggressively represent them, at the same time providing practical and cost-effective advice.  We represent parties negotiating for possession of rental units through voluntary buy-outs, and we represent plaintiffs and defendants in wrongful eviction lawsuits.

Careful Planning and Attention to Detail

Representing landlords in landlord-tenant disputes or litigation requires detailed and proactive planning and strict attention to detail, particularly in drafting legal notices to tenants in compliance with all applicable rent-control, administrative and procedural requirements.  That involves immediately identifying the various issues and facts.

Even cases wherein new property owners seek to owner-occupy the dwelling can be extraordinarily difficult.  We manage litigation in an efficient and cost-effective manner without taking shortcuts.  We draft the initiating notice to terminate tenancy carefully because even a minor mistake can cause lengthy delays or have your case thrown out of court.  A claim of wrongful eviction based on landlord conduct can result in costly litigation.

Experienced Legal Representation and Knowledgeable Advice

Landlord-tenant litigation is procedurally intensive and designed to be completed very quickly.  Deadlines for filing pleadings, motion practice, and discovery are particularly short.  Missteps can be costly and forct litigants to start the process over again.  Certain categories of residential tenants may be protected from eviction except in cases of non-payment or breach of contract.  Landlords are not advised to represent themselves or use an attorney without substantial experience in this area of practice.  They need reliable and accurate legal advice about how to approach contentious interaction with tenants.  That is what we provide at the Law Offices of Yousef Monadjemi.

For more information or to schedule an appointment with an experienced lawyer regarding a landlord-tenant dispute, owner move-in or serving an eviction notice on a protected tenant, please feel free to contact us.


Representation of Tenants

Property owners in the business of providing residential rental housing should strive to meet high standards in maintaining their property and professionally interacting with their tenants.  California laws and municipal rent control ordinances provide extensive tenants' rights and protections.  At the Law Offices of Yousef Monadjemi, we will protect those rights.

Rights of Tenants

Tenants have many rights that prevent landlords from trying to recover property for themselves or a family member.  Particular challenges exist in Los Angeles and other rent-control jurisdictions.  Many tenants are protected from recovery efforts because of a lengthy residence.  Enhanced protection exists for the elderly (62 years or over), disabled, catastrophically ill, or tenants who have children living with them.  While rent control has not kept up with inflation, landlords must still respect those laws and recognize the rights of their tenants.

Landlords Violating Tenants Rights

We represent clients in cases related to property condition, wrongful evictions, and interactions with landlords or other tenants.  Constructive evictions are often a point of contention between landlords and tenants and a violation of tenant rights.  We have handled cases in which the property owner has attempted to force a vacancy by cutting off the tenant's utilities, poorly maintaining the property, or providing less-than-adequate services.  Tenants may bring administrative proceedings before the Los Angeles Rent Stabilization Board or assert their claims by filing lawsuits.

Following the Law and Respecting Tenant Rights

For a landlord to legally initiate an eviction proceeding to recover the property, the landlord needs to be proactive in establishing legal just cause for eviction, planning for unlawful detainer litigation and assuring that all tenants' rights and protections have been afforded.  We are your go to Los Angeles eviction lawyer.


PERSONAL INJURY


Our Los Angeles law firm is experienced with a broad variety personal injury cases that occur throughout Southern California. In simplest terms, life has risks – that is the reason insurance companies provide liability insurance. But it is up to you, the injured party, to pursue compensation for a personal injury caused by another person or institution.


How do personal injuries happen? It is not uncommon for a physical, mental or emotional injury to result from any one of the following scenarios:

  • Dog Bites
  • Vehicle accidents
  • Bicycle accidents
  • Pedestrian accidents
  • Assault and battery
  • Medical malpractice
  • Slip and fall accidents
  • Burn Injuries
  • Product liability
  • Premises liability
  • Wrongful death
  • Mass tort cases
  • Bus and truck accidents
  • Motorcycle accidents
  • Elder abuse
  • Inadequate security
  • Tortious acts
  • Other serious injuries

Because the defendant in a personal injury lawsuit is almost always an insurance company, it is essential your law firm approach the case with a solid and informed strategy.

What is Personal Injury?

The law protects anyone from suffering the economic effects of a physical injury caused by others, which includes direct compensation for out-of-pocket expenses (costs associated with medical care), as well as indirect costs, such as lost earnings and pain and suffering. Physical disabilities or disfigurements are compensable. Also compensable are loss of social, educational and family experiences due to the injury, plus emotional effects such as stress, embarrassment, depression and posttraumatic stress disorder. Recent court rulings even place a value on “loss of consortium,” the inability to engage in sexual relations attributed to physical or emotional damage.

The monetary compensation a plaintiff can expect from a successful case depends on the facts of the cliam, and the nature and extent of the injury. Severity is determined by these factors:

  • Pain intensity
  • Extent of medical treatment required
  • Obviousness of injury (medical evidence is valued higher than claimed symptoms)
  • Extent of recovery period
  • Permanence of injuries
  • Treatment via physicians compared to physical therapy, chiropractic and other non-physicians


The sum of these is then ranked on a scale of 1.5 to 10, which then becomes a multiplier that is applied to out-of-pocket expenses (example: $10,000 in medical expenses incurred in an accident deemed a 3.0 in severity results in $30,000 award).

If you, the plaintiff, are found to be partially responsible for the injury, the award amount will likely be decreased. But partial fault does not necessarily eliminate an award.

If you have sustained a personal injury and are ready to learn how our Los Angeles personal injury attorneys can assist you and your family, please call us today for a free consultation about personal injuries.

Yousef Monadjemi is an experienced trial attorney who will provide you with wise and compassionate legal counsel and representation through each stage of the process. Remember, you pay nothing if we don’t win your case.

Because the Statute of Limitations applies to these cases, victims have a limited time frame in which to file their case.  If you feel that you have a personal injury or wrongful death case, it is vital that you act immediately to protect your rights.


BUSINESS LITIGATION


Litigation is a fact of modern life.  When a business is hit with a lawsuit or arbitration, or needs help with an issue that may turn into litigation, it needs a law firm with the experience to handle any size case, and the skill of an experienced trial lawyer.

We serve clients throughout Southern California, from Santa Barbara to San Diego.

At the Law Offices of Yousef Monadjemi, we represent individuals and corporate clients who conduct business in a wide range of areas and are embroiled in a variety of commercial, contractual and personal disputes.  We are experienced advocates who will vigorously protect your rights and interests. 

When you are involved in a business or commercial dispute that is headed for litigation, there is no better weapon than our litigation team.  An adverse judgment in a civil case can have a devastating impact on your business, both reputation and bottom line.  You should not risk proceeding to trial without experienced and skilled civil litigators protecting your interests.

We regularly represent clients in matters involving litigation and transactions, including:

  • Business Litigation
  • Fraud
  • Business Negligence
  • Transaction Disputes
  • Suits for Amounts Due
  • Commercial Collections
  • Employment Disputes
  • Assistance Starting a Business
  • Corporation Formation / Business Incorporation
  • Contract Formation / Breach of Contract Claims
  • Disputes Involving Entertainment Contracts
  • Negotiation of Contracts
  • Drafting Contracts
  • Dissolution of a Business
  • Property and Real Estate Transactions / Disputes
  • Purchase and Sale Agreement
  • Insurance Litigation
  • Claims under the Americans With Disabilities Act (Title III and business compliance)
  • Bad Faith Claims
  • Contract/Lease Review
  • Unfair Business Practices
  • Consumer Rights Actions
  • Landlord-Tenant Litigation


Whether you are anticipating a dispute, involved in a breach of contract claim, negotiating a contract, setting up a corporation, or headed for litigation, we are here to protect your interests, advocate for you, and seek the most favorable resolution.  Whether your dispute can be resolved through tough negotiation or we are required to proceed to litigation, you will always have a talented and experienced civil litigator protecting you.

If you, or your business are engaged in a civil dispute, you need experienced and skilled representation.  Whether your are the plaintiff or the defendant in a lawsuit, we will go to work immediately to investigate your dispute, obtain and preserve valuable evidence, and prepare to persuasively present your side to a judge or jury.


    CONSTRUCTION LITIGATION


    Your job is building major construction projects - not legal cases.

    At the Law Offices of Yousef Monadjemi, we understand that you've invested valuable time, money and other resources in getting projects and your business off the ground.  When disputes arise, you need knowledgeable, effective legal representation that will help you resolve the impasse and allow you to get back to the business at hand.

    We understand the issues and complexities surrounding major building projects.  We speak your language.  With strong backgrounds in real estate, finance and contract law, in-depth knowledge of local regulations and legislation, and real world experience in related areas of engineering and construction management, we help clients negotiate more effectively the ofter thorny path toward dispute resolution.

    We represent parties involved in every aspect of the construction industry and on both sides of the negotiating table, including contractors, developers, engineers, investors, lenders, owners, title insurers, trade associations and others.  Our clients are involved in projects as wide ranging as highways, hotels, manufacturing and distribution facilities, office buildings, retail developments, public works, single and multi-family housing and utilities.

    In the close-knot world of building and construction, we understand that an excellent reputation is often our clients' best asset.  Whenever possible, we work with clients to prevent or avoid potential conflicts from arising.  We regularly, draft and help negotiate clear, understandable contracts in order to minimize the likelihood of confusion or disagreements.  When disputes do arise, we work with our clients and parties on the opposite side of the table to reach favorable resolutions that preserve key relationships while minimizing negative publicity.  We regularly represent clients in arbitration, mediation and other alternative dispute resolution proceedings.

    Despite our emphasis on dispute resolution, we also recognize that in some cases litigation is the only or best option for achieving appropriate redress or to defend against allegations of wrongdoing.  In such cases, we roll up our sleeves and apply all our trial knowledge  and courtroom experience on behalf of our clients' interests.  We are seasoned litigators and stand ready to use all of the tools at our disposal to develop and present an  effective case.


    Attorneys at law

    Law Offices of Yousef Monadjemi