Legal Question in Civil Litigation in California

can i be charged for trespassing when you have been served with a 30day to vacate premisses. i ran a horse for 7 yrs and am trying 2 relocate it. they keep threatening trespassing when i try to retrieve my corrals that i need to run my business.


Asked on 7/25/12, 10:54 am

2 Answers from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

Based upon the facts you have provided, only, if you have not yet vacated the property and they have not yet obtained a writ of possession after an unlawful detainer proceeding, you cannot be charged with trespassing because until you vacate or they have obtained a writ of possession you are still entitled to possession of the property. On the other hand, if you have vacated voluntarily or if you have been served with a writ of possession, you are no longer entitled to possession and can be charged with trespass.

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Answered on 7/25/12, 11:22 am


Anthony Roach Law Office of Anthony A. Roach

If they have obtained a writ of possession you cannot go and trespass.

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Answered on 7/25/12, 2:11 pm

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