I KNOW I SHOULD NOT HAVE RENTED TO THIS PERSON---

She has not paid September or October rent.

So last Friday, my attorney sent her a 3-day quit notice -- incureable breach due to the TRO per CA CCP 1161(4).

Now, I have verifiable evidence that she is prostituting from the unit; its a MF. I was able to find her "escort" ad and from my surveillance cameras, I see random men coming in and out of unit for short periods of time. The price list on her ad is 15 min, 30 mins & 1 hr.

My attorney says to go forward with the eviction based on the (nuisance) TRO, but now I want to add the prostitution on the quit notice. However, to add the prostitution my lawyer would have to give her another 3-day quit notice.

My thought is that if I add the prostitution that will twist the knife more and will give her some umph to move thereby avoiding a trial.

As with criminal activity, its not just the prostitution, but the trash that comes along with it -- drugs & violence. I had no idea these type of platfroms existed since CL shut down its "sex" section. I have called the Police (Vice Squad) and hope to hear back.

Thoughts? Go with the current 3-day or add the prostitution?

What's your purpose? To "twist the knife more and will give her some umph to move" or to get her out? Why do you think that a UD based on criminal use of the property is more likely to avoid a trial?

Don't worry about the additional notice. Thats just procedure.

As hubba hubba [CA] suugests, you want to get her out. Keep in mind that the more "charges" that you bring, the more that you must PROVE, including the more possibility of your UD failing. I would discuss it with your attorney and go with his/her advice.

Morality police going at it full bore in CA. WOW

When has an escort service been deamed prostitution? Man oh man I would regret ever meeting had I ever met you.

MYOB it's not an escort service if the allotment times are 15 min, 30 min and 1 hour.

Mick[CA],

"Update: Just called my lawyer. I pulled trigger & told my lawyer to proceed with what we have."

"My attorney says to go forward with the eviction based on the (nuisance)"

I'm curious. How will you prove that?

my point is: I'm a LL. Yes I've had to see this stuff go on -- but the bottom line is this: I'm a LL not the police-- not vise and certainly not throwing stones because I also live in a glass house.

I will say this and you can take it or leave it. You have no idea who your dealing with when you start interfering in this trade. Pimps have no fear of the cops-- NONE. AND they certainly don't fear YOU.

When I was young and foolish 2 pimps set up in one of my houses. I'm thinking- I just do a drive by and shoot off a couple of rounds-- scare them off!

Then this huge light went off that said--- what if they shoot back?

Mick,

The TRO is not proof of anything.

The TRO was probably issued "ex-parte" (without the other party even being present or even being consulted) based only on YOUR say-so. It was probably issued along with a 3-week order pending a hearing on the subject. In short, you yourself gave written testimony, the judge decided that thats enough reason for an emergency order until a hearing can be held, at which a different judge will decide if to continue the order. The TRO is not proof of anything.

You will have to PROVE your case of nuisance at the hearing in 3 weeks.

Then, you can use whatever proof of nuisance that you offered in the retaining order hearing, to support your claim in the Unlawful Detainer hearing.

I am curious as to how you will prove your UD claim of eviction based on nuisance.

LOL, myob. Are you serious?

JB OR we here on the other side of the world (east coast) certainly take no lead from OR or WA or even CA.

SERIOUSLY!

I READ SOME OF YOUR POSTS AND advice and realize why our country is in such disarray.

MOSHA is trying to explain WHY this is such BS. Your a citizen and have no PROOF........ Again though you don't know the courts or the constitution.

@Moshe, the TRO is a done deal. Sorry, if I wasn't clear on that.

Trial was on Sept 14 and judge granted my RO for me as well as all my family members. My empire is family operated and any one of us could be on the property. Defendant (tenant) was present at trial and admitted to EVERY THING. She obviously doesn't understand the gravity of a RO -- good luck getting a job from now on.

@JB — her price list says $100 for 15 min, $150 for 30 min, $200 for 1 hour. The average time a guest stays is about 20 minutes.