Hypothetical Question..

[IRiSH_SpRinG]

Correct as far as it goes. Couple of yrs ago Ca law changed from 3 day quit, then 30 day eviction notice to complete the civil tenant eviction process. To 3 day quit and 60 day eviction notice for "tenant" who had resided at a given location for over a year.

It only takes 28 days to establish "permanent residence" in Ca.

Even a squatter who breaks into or onto a property is considered a "permanent resident" after 28 days. And has the "right" to remain until "evicted".

BTDT with a vacation property in Imperial Cnty.

Same goes for "public domain". If squatters set up an encampment along a freeway, and manage to remain for the magic 28 day period. CalTrans has to serve them with eviction notice and jump through the hoops to evict them.

If anyone doubts this. Contact Richard L. Almazan, District Manager of CalTrans.

richard_almanzan@dot.ca.gov

Even though Richard couldn't immediately evict the undesirable residents who set up camp a block from my home. He did send a crew to do maintenance to the vegetation next day. They trimmed the trees so there were no limbs within 10' of the ground. And removed all but ground cover plants less than a foot tall.

Problem solved. A week later, Richard sent 4 crews to remove the tons of trash the "legal residents" left behind.

This is absolutely right, which begs the question of when their residency is established. Parents are obligated to house a child or minor until they turn 18. So if the parents let him stay 28 days after that then he no doubt would become a legal resident, but what if they want to get rid of him before that claiming he isn't a legal resident there until that day? I've never encountered this, but it was a question we had in roll call the other day..pretty interesting..

[SVT-40]

I have to admit, that back in the 70's I helped a few parents pack their dirt bag 18YO kids property and put it on the front porch. The look on the kids faces was precious when they returned "home" and found the locks changed and their few belongings in bags on the front porch...

Ah, the good old days....

[CBR_rider]

We were told years ago by local DA that parent's could boot out 18 year olds on their birthday in most circumstances..... I'll see if I can find the old paperwork over the weekend.

[CinnamonBear723]

My impression is that you can kick them out on their birthday as well. Most of the sgts here are on the conservative side and would have us walk away from something like this after telling the parents to get an eviction notice.

[EMP3]

Hypothetical question..
You show up to a house and parents want to evict their 18 year old son on his 18th birthday. The son is refusing to leave claiming he lives there. Do you..

A: Kick the 18 year old out as he doesn't establish residency until 30 days after his 18th birthday.

B: Tell the parents he has to be legally evicted as he's been a resident of the property for his whole life.

I can't find any case law on this and would love to hear your thoughts. Thanks guys and stay safe.

Unlawful detainer: civil action

[RickD427]

Unlawful detainer: civil action

You're correct in that an unlawful detainer is a civil action.

Where you're missing the point is that the OP is raising an issue of trespass.

Trespass is both a criminal and civil matter.

The key question here is whether there adult child was a tenant.

Too many cops are far too quick to dismiss crimes as being "civil matters" because they don't care to do the research needed to resolve the issues.

I say this after having done a couple of admin investigations into "Civil Matter" kiss-offs of lightweight crimes.