“Price is Not the Only Cost”- Deming
TYPICAL STAGES AND COSTS
Eviction Notice – Professionally served within one business day of payment of $499
• Professional process servers will go to the rental property and serve the tenant the notice that you signed. The tenant has the amount of time specified on the notice to move out. If you promise them more time than what is specified on the notice, we will have to start over. If they try to pay you rent during this time, let us know so the attorney can advise you on if/how to return it.
PHASE 1 – Uncontested Filings and Service of Complaint, Summons, and Default Packet Lawsuit papers will be filed within one business day of payment of an additional $2490
• If the tenant does not move out ( or pay in full or cure breaches of lease if a pay-or-quit or cure-or-quit is served) lawsuit papers are prepared and filed
• Court typically takes under 5 business days to process the paperwork and issue Summons and Complaint
• After the Summons and Complaint is issued, it goes out for service
• Professional process servers make three different attempts to serve tenants the S&C at 3 different times of day. If tenants are personally served, they have five business days to file a response with the court. If tenants evade service, we will file a declaration of diligence with the court. The court typically approves these within two months and after approving it they will issue for an order to post the complaint to the door. After this is issued a professional process server will post the complaint to the door and the tenant will have 15 days after it is posted to file a response.
• If the tenant does not file a response during this time period, we will file for a default judgment and it goes to the post-judgment phase.
PHASE 2 – CONTESTED PHASE – Trial and Motions/Preparation Trial request will be filed within one business day of payment of an additional $3490 if tenant is not represented by an attorney, or $4490 if tenant is represented by an attorney
• This phase only happens if the tenant files a response after being served the lawsuit papers. In this case, we will file a request for a trial date. The court typically takes a few business days to process a request for trial and trials are typically set for up to 30 days after the request is processed.
POST-JUDGMENT – Lockout Lockout packet will be sent to sheriff within one business day of payment of an additional $1490
•After the judgment is processed, a Writ of Possession is issued and we send that to the Sheriff and they schedule a lockout. Due to the glut of evictions that had been delayed because of covid the sheriff’s schedule is very backed up, so lockouts are typically set for about 45 days after the judgment is processed.
POSSIBLE DELAY TACTICS
DISCOVERY The attorney will begin work on discovery within one business day of payment of $2500
This stage only occurs if the tenant’s attorney files official requests for documents and questions about the case, called interrogatories. The official purpose of this is for the tenant’s attorney to have the opportunity to build her defense by learning more about the case. However, in evictions, it typically serves as a delay tactic. So, tenant attorneys usually try to ask more questions than they think the landlord will be able to answer in the response timeframe provided by the court, which is usually around 5 days. If responses are not provided in the given timeframe, trial can be delayed which benefits the tenant by allowing them to stay in the home longer before being evicted. The workaround for this is to provide the requested documents and answers quickly. Answering discovery can be very time consuming but it is worth it to drop everything to get it done because answering it in a timely manner will keep the process from dragging out longer.
DEMURRER The attorney will begin preparing opposition within one business day of payment of $2,990 if tenant not represented by an attorney or $3,490 if tenant is represented by an attorney
This is essentially another delay tactic. The tenant or tenant’s attorney tries to delay the trial by claiming that there is a problem with the landlord’s case and Attorney Marshall must file an opposition and appear at court in order to minimize the likelihood of this delaying trial. If payment is not promptly made, then the hearing would have to be continued causing further delays.
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BASIC REVOCABLE LIVING TRUST PACKAGE-1 PERSON – $450
- LIVING TRUST
- WILL
- POWER OF ATTORNEY FOR PROPERTY
- POWER OF ATTORNEY FOR HEALTH/ADVANCED HEALTH CARE DIRECTIVE
- BURIAL INSTRUCTIONS
BASIC REVOCABLE LIVING TRUST PACKAGE-2 PERSON – $750
- LIVING TRUST
- WILL x2
- POWER OF ATTORNEY FOR PROPERTY x2
- POWER OF ATTORNEY FOR HEALTH/ADVANCED HEALTH CARE DIRECTIVE x2
- BURIAL INSTRUCTIONS x2
COMPREHENSIVE LIVING TRUST PACKAGE-1 PERSON – $750
- LIVING TRUST
- WILL
- POWER OF ATTORNEY FOR PROPERTY
- POWER OF ATTORNEY FOR HEALTH/ADVANCED HEALTH CARE DIRECTIVE
- DECLARATION OF TRUST
- CERTIFICATE OF TRUST
- ASSIGNMENT OF PERSONAL PROPERTY
- QUITCLAIM DEED-including recording
- BURIAL INSTRUCTIONS
COMPREHENSIVE REVOCABLE LIVING TRUST PACKAGE-2 PERSON – $950
- LIVING TRUST
- WILL x2
- POWER OF ATTORNEY FOR PROPERTY x2
- POWER OF ATTORNEY FOR HEALTH/ADVANCED HEALTH CARE DIRECTIVE x2
- DECLARATION OF TRUST
- CERTIFICATE OF TRUST
- ASSIGNMENT OF PERSONAL PROPERTY
- QUITCLAIM DEED-including recording
- MARITAL PROPERTY AGREEMENT or DOMESIC PARTNERSHIP AGREEMENT
- QUITCLAIM DEED-includes recording
- BURIAL INSTRUCTIONS
Includes free review of your current Trust documents
| QUITCLAIM DEED-includes recording | $125 |
| FULL RESTATEMENT OF TRUST | $400 |
| WILL-with Trust already in place | $150 |
| WILL without a trust | $400 |
| POWER OF ATTORNEY FOR PROPERTY | $150 |
| POWER OF ATTORNEY FOR HEALTHCARE | $125 |
| AUTHORIZED AGENT/ASSIGNEE DOCUMENT | $150 |
Daniel Marshall will NOT provide single documents without reviewing current trust documents.Daniel Marshall does NOT provide fillable forms to be completed by non-attorneys.Daniel Marshall WILL thoroughly and promptly assist you in your estate planning needs.
BUSINESS FORMATION
24 Hour or 3 Business Day Service
CORPORATION AND LLC AND LIMITED PARTNERSHIP AND PROFESSIONAL CORPORATIONS
PHASE I RUSH FILING TO SECRETARY OF STATEATTORNEY FEES – $450
MANDATORY COSTS – $525
- $100 – Filing fee Articles-Secretary of State
- $350 – fee to Secretary of State
- $75 – same day filing by Attorney service in Sacramento
TOTAL COSTS AND FEES – $975
PHASE II-FULL COMPLIANCE PACKAGE FOR CHECKING ACCOUNT AND ASSET PROTECTIONCounty and Local Costs
Note the agency costs are subject to slight change.
DBA filing fee – $35
DBA publication-Court approved only – $40
City business license/tax application – $100
ATTORNEY FEES… – $250
TOTAL FOR PHASE II FEES AND COSTS – $425
TOTAL FEES AND COSTS
FOR FULL COMPLIANCE /ASSET PROTECTION IN 3 DAYS…… $1,400
Note: LLC and LP Filing fee is $70 dollars rather than $100.
BUSINESS FORMATION
CASES WITH DISPUTE UP TO $25,000 DOLLARS-“Limited Civil Case”Daniel Marshall provides a unique fee schedule that puts a fee cap on total attorney fees for the case and also ensuring that legal work is completed before the next payment becomes due. This is designed to ensure Daniel Marshall clients can afford to take their claims or defenses to trial.
FIVE (5) PHASE PAYMENT SCHEDULE/ SCOPE OF SERVICES
| Phase 1. | PLEADINGS | $1,000 | DOLLARS— Prepare, file and serve Complaint/Answer. |
| Phase 2. | INITIAL DISCOVERY | $1,000 | Due upon preparation of discovery documents. |
| Phase 3. | DISCOVERY RESPONSES: | Due upon receipt of 1stdiscovery demand. | |
| Phase 4. | PRE-TRIAL | $1,500 | Due 60 days before trial readiness conference |
| Phase 5. | TRIAL | $1,500 | Due at time of trial readiness conference. |
| Motion fees are not included in the above-listed schedule. However, most motions/oppositions in a limited civil case can be completed for between $1,000 AND $1,500 dollars. | |||
CASES WITH DISPUTE over $25,000 DOLLARS-“Unlimited Civil Case”
Defense CasesDaniel Marshall charges an hourly fee of $250 dollars for unlimited civil cases. The client can also choose a fee deposit payment plan modeled on a limited civil case (See above).
Plaintiff CasesDaniel Marshall offers a modified fee deposit/contingency fee plan that providesa lowered contingency fee charged compared to what other attorneys normally charge. The client can also choose a straight fee deposit payment plan similar to a limited civil case( See above).
MOTIONS AND APPEALSDaniel Marshall provides specialized services in motion and appellate law practice. These services include all document preparation and court “special” appearances or in certain select cases taking over full representation of your current case. Daniel Marshall does NOT handle legal cases involving disputes under $10,000
