Typical "DEFAULT" Eviction
(Approximately 70% of all cases filed)
The minimum flat fee retainer to process a typical residential default eviction in Sacramento County is only $675.00. This covers your attorney’s fees of $195.00 plus court filing fees, service of process fees for up to two defendants, fees for the Sheriff to serve the Writ of Possession and the fees for the Writ of Possession itself. It also includes a money judgment at your request. Specifically, the typical default eviction includes the following services at no extra cost to you:
- Review of any relevant notice to determine legal validity
- Drafting of Summons & Complaint for Unlawful Detainer
- Filing of Summons & Complaint for Unlawful Detainer
- Service of lawsuit upon the tenant- simple service up to two defendants
- Status of Notice of Service
- Review of Proof of Service
- Drafting and filing of the following paperwork:
Clerk’s Judgment for Restitution, Instructions for Sheriff
8. Upon client request (after possession is obtained) we will obtain a money judgment
TYPICAL “TRIAL” EVICTION
If the tenant does Answer the Summons & Complaint, there will be an additional fee of $200.00 to obtain a copy of the Answer from the court, set the matter for a “court” trial, do up to a ½ hr “trial-prep” with staff, engage in up to one hour court trial, prepare a standard judgment, and process the paperwork with the court and the Sheriff’s office.
- Obtaining and reviewing the tenant’s Answer.
- Mailing Answer to the client.
- Preparation and filing of a Request to Set Civil Case
- Client trial preparation conference with staff
- Sending a Notice of Trial to the client
- Court trial of up to one hour
- Preparation of a standard “Judgment After Trial”
- Preparation of the Memorandum of Costs
- Preparation of the Writ of Possession/Instructions to Sheriff
- Delivery of the Writ of Possession to the Sheriff’s Office
There could be other extraordinary services/costs depending on how we need to respond to what the tenant does or what occurs in the case. The following illustrates the most typical “extraordinary” services that may be necessary in your case:
$200 Per Hour: Court trial or hearing that exceeds one hour
Attorney attendance at court hearing (other than trial – up to one hour)
$250 Per Hour: Court trial or hearing preparation
Points & Authorities/Legal briefs/Legal Research
Preparation of Notices to Quit/Section 8/HUD
Travel Time/Custom Stipulations/Consultation with an attorney
Preparation of Custom Stipulated Judgment/Stipulation & Order
Mutual Agreements to Vacate/Extensions of Notices to Vacate
Drafting Motions and Opposition to Motions
Settlement negotiations with clients/attorneys/tenants
$300 Per Hour: Depositions/Interrogatories/Answers to Interrogatories
Jury trial preparation/Jury trial/Personal Inspection of premises
$25 Per Item: Preparation of Satisfaction of Judgment
Preparation of Instructions to Sheriff for Re-posting
Draft and filing of Dismissal/Substitution of Attorney
Pre-Judgment Claim of Tenancy
$50 Per Item: Preparation of Declaration under Penalty of Perjury
Preparation of Judgment Upon Declaration
$75 Per item: Drafting and filing of a Request for Order to Post Summons & Complaint
Preparation of a simple Subpoena Duces Tecum
Extraordinary Costs: Advanced filing fee for a court motion, additional service attempts by process server, Sheriff Re-posting fee, Writ of Execution fee-collection, Abstract of Judgment, Service upon additional defendants beyond two/Certified mailings, etc.
Further, the tenant or tenant’s attorney may contact this office to engage in settlement negotiations, or have you answer interrogatories or attend
depositions of witnesses. We may also be forced to wait for an available courtroom for hours on end, or the trial may take longer than the typical one hour. For the extraordinary services or costs as described in part above, you will be billed accordingly. Any time spent by the office manager for settlement negotiations will be billed at the rate of $175 per hour. The Law Office is extremely busy representing many clients. Mr. Link employs and trains staff for the purpose of processing, answering and handling routine questions that are presented with each lawsuit or case for which we are retained. Occasionally, a client or manager overwhelmingly feels the absolute need to speak with Mr. Link personally – even though an employee has provided answers to the client’s inquiries as to status and standard procedures. In these instances, the undersigned understands that if according to the desire of the client speaking personally with Mr. Link is imperative, the minimum fee for such expenditure of time is $100 for which the client will be billed. Any time personally spent by Mr. Link beyond thirty minutes will be billed at the proportional rate of $250 per hour.
I, the undersigned, acknowledge that I have read and understood the foregoing fee structure of the Law Office of Gary Link and agree to pay for services rendered and costs advanced upon receipt of a billing statement.
I further acknowledge that I have read and understood the ADVISEMENT AND INSTRUCTIONS TO ALL CLIENTS, REFUND POLICY, CLARIFICATION & DISCLAIMERS, and CLIENT RESPONSIBILITIES DURING REPRESENTATION. I acknowledge that I am in receipt of those documents. If I am the property manager or agent for the owner of the property, it is represented by me that I am authorized to execute this agreement for and on behalf of the owner/landlord and with the permission and consent of the owner. It is further understood and agreed that if the undersigned is not the owner, that the Law Office will require full payment for services rendered or for costs of suit, from either or both parties.I authorize, in advance, use of the charge card reflected on the Retainer Agreement or the Eviction Questionnaire for payment of any additional “trial” or “extraordinary” billings pursuant to this agreement. I understand that a copy of any charge receipt will be sent to me with a copy of the billing.
The Law Office may utilize the services of associated and closely affiliated attorneys to handle a variety of legal services. These services may include
legal research, motion drafting, discovery, court appearances, jury trial preparation, jury and court trials and federal matters, including bankruptcy. Client hereby gives permission and consent for the Law Office, at its discretion, to engage such counsel for appropriate tasks and in accordance with the posted fee schedule. Under certain circumstances, a separate retainer agreement may be necessary.
THE LAW OFFICE INTENDS TO RETAIN ALL CLIENT FILES FOR A PERIOD OF NOT MORE THAN FIVE YEARS FROM COMPLETION OF REPRESENTATION, AFTER WHICH THE FILE WILL BE DESTROYED. IF YOU WISH TO HAVE COPIES OR YOUR FILE, WE WILL GLADLY PROVIDE YOU WITH DUPLICATE COPIES FOR THE COST OF $.50 PER PAGE, PLUS AN ACQUISITION AND ADMINISTRATION FEE OF $35.00 TO OBTAIN THE FILE FROM THE STORAGE SHED.
It is further understood and agreed that the undersigned hereby authorizes the Law Office of Gary Link to engage in collection proceedings based upon
a fee of 1/3 of the amount collected for collection services. The Law Offices hereby advises the undersigned that collection by this office includes entering into stipulations for payment with former tenant(s), collection on Abstracts of Judgment, and wage garnishments. The Law Office does not engage in “skip tracing” efforts to locate and ascertain the assets or solvency of the former tenants. The Law Office does not engage in bankruptcy work; however, we will gladly refer you to a bankruptcy attorney who is familiar with landlord-tenant matters.
IF YOU WISH TO HAVE A MONEY JUDGMENT AGAINST YOUR TENANT, YOU MUST NOTIFY THE LAW OFFICE FOR EACH CASE AFTER THE TENANT HAS VACATED. WE DO NOT AUTOMATICALLY OBTAIN MONEY JUDGMENTS AGAINST YOUR FORMER TENANTS. Effective 01/01/18. Fees, costs or court charges are subject to change at option of Law Office.
$250 per hour
(We only charge you for the amount of time expended)
(We only charge you for the amount of time expended)
- Preparation of a Section 8 or HUD Notice to Quit
- Preparation of a "Good Cause" Notice to Quit or "Good Cause Warning" letters
- Legal Research
- Points & Authorities
- Drafting Motions and Opposition to Motions
- Settlement negotiations with clients, tenants, and attorneys
- Travel Time
- Preparation of a custom Stipulated Judgment/Stipulation
- Personal consultation with Mr. Link or associate counsel
- Depositions/Interrogatories/Answers to Interrogatories/ Discovery
- Jury Trials and/or Settlement Conferences and related matters
- (A separate retainer agreement and retainer fee required for co-counsel)
NON-DISCRIMINATION NOTICE: THE LAW OFFICE OF GARY LINK DOES NOT DISCRIMINATE AGAINST ANY PERSON IN ACCORDANCE WITH THE REQUIREMENTS OF LOCAL, STATE OR FEDERAL FAIR HOUSING LAWS, NOR DOES THE LAW OFFICE DISCRIMINATE ON THE BASIS OF ANY OF THE FOLLOWING CATEGORIES AS DEFINED BY APPLICABLE FAIR HOUSING LAW: RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, NATIONAL ORIGIN, MILITARY STATUS, DISABILITY, ANCESTRY, IMMIGRATION STATUS, PRIMARY LANGUAGE SPOKEN, CITIZENSHIP, AGE, SOURCE OF INCOME, GENDER, GENDER IDENTITY, GENDER EXPRESSION, SEXUAL ORIENTATION, MARITAL STATUS, GENETIC INFORMATION, OR MEDICAL CONDITION.