I'm hot as fish grease right now.

The short story: tenant has not made a payment according to the stipulation from UD court. Last Friday and again on Tuesday, I have left two messages with attorney and two e-mails stating that fact and that I want the tenant gone PDQ. No response from attorney.

So has anyone filed their own ex parte for possession and a judgement for past due rent? Does the present attorney need to sub out?

Are you driving your attorney nuts or do you have a worthless attorney? Are you to the point of firing your attorney? In attorney-land there is the "A" word, abandon or abandonment which no attorney wants to hear.

Maybe in your next call or e-mail ask " should I consider myself an abandoned client?

A call to the California state bar will probably get your call returned.

@Jim - I don't feel that I am being pushy or demanding. I've left decent phone messages with the secretary and even-toned e-mails. However, it's been a week since the first message, so I would at least expect an update call by now. I did speak with my attorney's paralegal today and he said he would contact the attorney.

I e-mailed another attorney who in retrospect I should have got to handle this case, but hindsight is a MF. I feel like every day I loose with kicking a deadbeat tenant to the curb is like a month in LL lost time.

Play the abandoned card first with the paralegal then the state bar. If the attorney does not specialize in evictions he/she might not know the procedures. Also your attorney tenant might know the laws better than your attorney.

I know it is hard for a client to understand, but your attorney has hundreds of other clients, all of whom are important, but some matters are more urgent than others. The urgency is created by court deadlines and other factors.

Your atty also has a personal life and family issues. When my wife's father had a stroke, I spent almost a week in the hospital ignoring my professional obligations.

Maybe your atty is in trial right now, and cannot spare ten minutes to review your file and call you back right now. I know that ten minutes seems like nothing to you, but multiply that by a dozen clients and/or opposing counsel in other matters. While he is in trial, finding the time to wipe his @$$ is hard!

Try to calm down, and next time you call, ask his secretary or paralegal when you can expect to hear from him.

@Mike - Yes, everyone has a busy life, but the attorney has plenty of underlings to delegate tasks to. I will wait and see what happens.

" No response from attorney."

Get a better attorney.

Yes, the attorney (may) have other clients, yes he (may) be busy, but if he cannot service a client, he shouldn't have taken him on.

Remember that he already performed for you the service that you paid him for. If you want more, you will have to pay more.

Mick,

Labor Day vacation? Out sick? Taking his daughter to college?

Call the secretary and ask.

Don't be afraid to try someone else if you don't get a good answer.

If I email my atty at 2am he responds. Keeps his phone by his bed. I'm not a big client, he's just on top of it.

I ain't no leegle xpurt but I believe the term you want is PRO SE ("for oneself" or "on my own behalf" without representation by an atty).

EX PARTE is a meeting or decision without both sides present, such as you discussing the case with the judge in the hall.

I represent myself all the time but I have studied the system and live in the reasonable Midwest, not crazy Cali.