The tenant is the defendant. We cannot represent you in Court and we do not provide any legal advice. This link contains news and information for both landlords and tenants. Proc., 525(d)) Judicial Council Form UD-116 An Unlawful Detainer action is a special court proceeding. A certified copy of the original bond must be submitted in each additional county in which you apply for registration. The Unlawful Detainer (eviction) lawsuit begins when the landlord gives a Notice of Termination to the tenant. Evictions in Shafter and evictions in Wasco and Palmo are filed in the Shafter courthouse at 325 Central Valley Hwy. We look forward to helping you get your life back on track in Kern County, and we truly appreciate you taking the time to consider our services. Free self help assistance is provided by the Court for both landlords and tenants. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> I am very pleased! Click to reveal BAKERSFIELD, Calif. The Superior Court of Kern County announced Monday changes coming to the process for a summons or default in an unlawful detainer action. If the landlord is also awarded judgment for payment of back rent, he or she may collect the judgment by attaching your property, garnishing your wages, or any other legal means. The statutory Covid declaration has a date on the top of it reflecting when the moratorium was passed or extended. In order to obtain a fee waiver, you must file an Application for Waiver of Court Fees and Costs at the time you file your response. It's that simple. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. INSTRUCTIONS TO SHERIFF OF THE COUNTY OF KERN Author: jacquez Created Date: 6/1/2018 7:52:59 AM . If the landlord files this document and does not request a jury trial, you have 5 days from the mailing date of the Request for Setting to file a Counter Request for Setting requesting a jury trial. Your IP: An Unlawful Detainer action is a special court proceeding. Monetary damages may be recovered after control of the property is taken. There are packets available in English and Spanish, but please note that all court filings must be in English. 3 Unlawful Detainer Trial Practice Outline Monique Farris Centro Legal de la Raza Shirley Gibson Legal Aid Society of San Mateo County Lorraine Lpez Inner City Law Center If you find this article helpful, you can learn more about the subject by going to www.pli.edu to view the on demand program or segment for which it was written. Get form UD-116 Effective: July 1, 2003 Felony expungement . In order to legally evict a tenant (remove and lock the tenant out of the property), the landlord must file an unlawful detainer lawsuit. In general, the defendant cannot file a cross complaint (counter-sue). If you would feel more comfortable being represented by an attorney or you just dont want to go to court, we can introduce you to an experience eviction lawyer to represent you on a limited scope basis for a flat fee of around $500 per court appearance. There are, therefore, multiple contradictory Covid notifications. Cloudflare Ray ID: 7c0734b6ea5ca075 In addition, the court may also enter a money judgment for the landlord and against the tenant. Effective April 6, the Judicial Council adopted Emergency Rule 1, which prohibited the court from issuing summons or processing defaults in unlawful detainer cases with limited exceptions. We offer many criminal record clearing services that once successful will allow you to approach job interviews with resolve and honesty. Notice of Termination. "Unlawful detainer claim" means a proceeding, filing, or action affecting rights or liabilities of any person that arises under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure Tri-Star Evictions or TriStar Evictions- They used to be in the same building as us but on a different floor, but they have moved to 6077 Coffee Rd, Ste 4 PMB 94, Bakersfield, CA 93308, Divorce City or Divorce City 911 They used to be in the same building as us but on a different floor. Privacy Policy. Registration #: County of Registration: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Information packets are provided in English and Spanish, but please note that all filings in the Superior Court must be in English. Toggle navigation MENU. . 2010-2023 Fresh Start Law Center, PC - A Professional Corporation. Do you have multiple cases? An unlawful detainer is only for possession of the property, but not for recovery of monetary damages. The Notice will state the reason for the eviction (e.g., nonpayment of rent, lease violation) and may ask the tenant to fix the problem. *,X&BzB An Unlawful Detainer action is a special court proceeding. The court may enter a default judgment in favor of the landlord and issue a Writ of Possession after the 5th day if you fail to file your written response with the court. There is usually only one appearance per case. An award for possession of property authorizes the landlord to evict you from the property. There is no trial if you do not file a written response to the unlawful detainer complaint. Mandatory Electronic Filing (E-File) will be required for represented parties in all cases filed in Limited and Unlimited Civil, case types, including Family Law cases, Probate cases, cases related to California Environmental Quality Act (CEQA), Civil Writ petitions cases, and Unlawful Detainers. Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Los Angeles, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Orange, Placer, Plumas, Riverside, Sacramento, San Benito, San Bernardino, San Diego, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Ventura, Yolo and Yuba. The registration application can be downloaded, completed and brought into the County Clerks Office located at: The registrant must appear in person and present the following requirements: You may apply for registration as an Unlawful Detainer Assistant between 8:30 am - 3:00 pm Monday through Friday. x=ks6][{&$9]l.4zlVxN"*|4Fw47oG_}Yh/M,U',R%,? Additional, lost or stolen replacement cards are $10 each. Their prices were reasonable and there service excellent. We have seen every type of expungement case, and we specialize in this unique area of California law. Evictions are generally filed in the closest courthouse to the location of the property. This material may not be published, broadcast, rewritten, or redistributed. Our low flat fee of $1,100 does not include significant payments to others, such as court filing fees, Sheriffs fees, process service, or attorney fees. h]>=3|4xsR[(BHW?jS(]R16}4H]ce_\P++,|ph|5 T/\s>_bHW?u1hr9K,07Pm258dq Hl1dEXP?^Al/vyx,:J.EUt?vl'8 {sn=%gadUMz9T;(x)RPDk*;3wu4qro"'=NPhMd@G2@.,fMg&~:DD +u|@J8""O&:aCy(68)p%v,* {QPI&R&wgyCEBr7 Go`} Eviction cases are called "Unlawful Detainer" cases. Emergency Rule 1 expired on September 1. This allows us to give our clients highly specialized legal assistance at the absolute lowest fixed prices (we guarantee our prices are the lowest). An Unlawful Detainer decides if the landlord can take the property back from the tenant. If the landlord wins the case, they will get a "judgment" and the tenant has to move out. Removal Jurisdiction The renter breaks the lease or rental agreement and will not fix the problem like leaving trash in the yard, or failing to keep the water turned on. Additional, lost or stolen replacement cards are $10 each. This means the Sheriff can physically make the tenant leave. We can answer your questions about the law and procedures. Office Address 5251 Office Park Dr, Bldg 300, Bakersfield, CA 93309 Telephone: 661.635.1300 Fax: 661.635.1320 Secured drop box accessible to the public 24 hrs a day. It is a legal way to evict someone from the place where they live or work. Evictions in Delano are filed in the Delano courthouse at 1122 Jefferson Street, as are evictions in McFarland, Jasmin, Pond, Earlimart, and Richgrove. Usually, the defendant has 5 days to file a response. The renter damages the property, such as breaking out windows. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. A copy of the supplemental cover sheet is available here. This default judgment allows the landlord to obtain possession of the property. It is a legal way to evict someone from the place where they live or work. We do not, will not, and cannot represent you in court. It is common for our clients to only pay our fee and the court filing fee, which is currently $240 for the initial lawsuit documents. <>>> If you fail to move within the 5 days, the Sheriff will physically remove you and turn over the possession of the property to the landlord. BAKERSFIELD, Calif. The Superior Court of Kern County announced Monday changes coming to the process for a summons or default in an unlawful detainer action. Registration for Legal Document Assistant is required in every county where the service is supplied. Hare is a list of the 11 cities in Kern that we serve: Bakersfield (County seat), Delano, Arvin, McFarland, Ridgecrest, Shafter, Tehachapi, Wasco, California City, Maricopa, and Taft. We specialize in California criminal expungement law and have help clients all over the state of California. We can be reached by phone (661) 873-4415. This means the Sheriff can physically make the tenant leave. I used them for two cases and they won both. `Superior Court, County of Kern - Beginning January 14, 2019, the Metropolitan Division of the Superior Court, County `of Kern only, has implemented a Shriver pilot project for Mandatory Settlement Conferences in all residential unlawful `detainer cases set for trial in the Metropolitan Division. Inappropriate dress includes jeans, shorts or tank tops. BAKERSFIELD, Calif. (KGET) The Kern County Superior Court has announced changes for how unlawful detainer cases will be processed. David Huffman and his team are top notch. Home; About Us; Services. While LTAC cannot fill out your forms for you, they can provide you with a general description of the process you will need to follow to lawfully evict a tenant. This legal document authorizes the Sheriff to physically remove and lock you out of the property. This judgment allows the landlord to obtain possession of the property. We assist with evictions throughout California, but our primary service area is Kern County, including Bakersfield, Arvin, Delano, Mojave, California City, Maricopa, McFarland, Ridgecrest, Shafter, Taft, Tehachapi, and Wasco. If you have a friend willing to serve papers for you, we can give them instructions as to how to do it. The renter becomes a serious nuisance by disturbing other tenants and neighbors. Abuse, Harassment & Restraining Orders Help. Proc., 585 (d)) (UD-116) Ask the court to win your eviction case as a landlord because the tenant didn't file an Answer (form UD-105) by the deadline. Unlawful Detainer - Kern County Law Library Unlawful Detainer For the most current news on the subject of how Covid-19 has impacted the subject of Unlawful Detainers, please click here . After you have filed your response to the landlords complaint in the clerks office and a Request for Setting is filed by the plaintiff, you will both be notified by mail of the time and place of the trial. An original bond is required for the primary county in which you are applying for registration. It is a legal way to evict someone from the place where they live or work. SUMMONS & COMPLAINT - UNLAWFUL DETAINER The Sheriff must have original instructions signed by the attorney of record or the plaintiff if he/she has no attorney. KERN COUNTY AUDITOR-CONTROLLER-COUNTY CLERK January 1, 2016 . For the most current news on the subject of how Covid-19 has impacted the subject of Unlawful Detainers, please clickhere. The registration application can be downloaded, completed and brought into the County Clerk's Office located at: Kern County Administrative Building 1115 Truxtun Avenue, 1st Floor Bakersfield, CA 93301 Landlords and tenants can have disagreements. You must pay a filing fee when you file your written response, however, it is possible to obtain a waiver of this fee if you cannot afford to pay it. An unlawful detainer lawsuit is a suit brought by a landlord to obtain possession of the rented property and receive payment of back rent. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. We have won thousands of criminal expungement cases for our clients in California. Local Kern County, California, expungement law firm is experienced in criminal record expungement, and ensures the lowest expungement prices in Kern County. Performance & security by Cloudflare. Initial consultation with a registered Legal Document Assistant to ensure compliance with state and local filing requirements. 4 0 obj Some courts allow a property manager to evict a tenant, but others require an attorney to appear if the property is owned by a corporation. No problem. The courts fee schedule can be found here. The Sheriff can enforce this judgment. If you are representing yourself, you may want to consult: You may want to subpoena witnesses you feel are necessary for your case for appearance in court. These are some of the recent problems we have experienced. Accordingly, the Court recommends the action be REMANDED to Kern County Superior Court. Totally reliable and well worth the money. . The subpoena must be personally served. Our focus in California record clearing laws not only allows us to provide top notch legal services, but to provide these expungement services at the absolute lowest fixed prices - we guarantee that our prices are the lowest! #z< !B lj Z,adxq_{='UE5r|*h +Z434as6WVhxr (CCP 262) . Instead of writing certain information over and over, these forms will know where to put that information on the forms for you. You can have a trial 20 days after that. Statements of Economic Interests (Form 700) for Designated Local Officers, Certificate of Authority for Admitted Sureties, Corporation or Partnership UDA Checklist & Application, Valid government issued photo identification. Due to a new state law placing a moratorium on evictions through Jan. 31 due to COVID-19, the Superior Court says it must now have case information allowing it to screen and process cases involving a summons or default in an unlawful detainer. Even if a tenant is months behind on the rent, the landlord cannot: To legally evict the tenant through the process of an Unlawful Detainer, the landlord has to: Serve the tenant with the appropriate written notice (there are several types of notice, and the one you serve on your tenant must be appropriate to your specific case circumstances), Wait for the time period in the notice to end, File an Unlawful Detainer action if the tenant does not do what the notice asks, Abuse, Harassment & Restraining Orders Help. We require the bond to explicitly state the effective and expiration dates. endobj However, in order to get that protection, the tenant needs to meet . An Unlawful Detainer action is a special court proceeding. Fresh Start Law Center is one of the few law firms in California that focuses solely on record clearing laws in California. Statements of Economic Interests (Form 700) for Designated Local Officers, Certificate of Authority for Admitted Sureties, Corporation or Partnership LDA Checklist & Application. Between March 23 and April 6, defaults were delayed in processing due to a reduction in court services due to the COVID-19 pandemic. Sincerely,David Huffman, Esq. Monetary damages may be recovered after control of the property is taken. The goal of the Center is to help unrepresented parties understand and prepare for court or, whenever possible, help landlords and tenants reach out-of-court settlements through mediation. There are costs to subpoena each witness, including witnesses mileage to and from the trial location, and you must pay these costs. To be clear: LTAC is not able to provide you with legal advice only information. We have been forced to raise our eviction rates to $1,100 for the Summons, Complaint, and default and $85 for notice because of the multiple issues and problems that are beyond our control. If they cannot work it out, they may end up in court. A valid photo identification issued by the government (established by a birth certificate, a drivers license or passport). Give Light and the People Will Find Their Own Way. Currently Kern County consists of 11 cities in total, and our record clearing services are available to everybody in all 11 cities. Visit The Kern County Superior Court Website, Metropolitan Division - Justice Building1215 Truxtun Avenue, Bakersfield, CA 93301, Metropolitan Division - Juvenile Justice Center2100 College Avenue, Bakersfield, CA 93305, East Division - Mojave Branch1773 Highway 58, Mojave, CA 93501, North Division - Shafter/Wasco Branch325 Central Valley Highway, Shafter, CA 93263, South Division - Arvin/Lamont Branch12022 Main Street, Lamont, CA 93241. If you are served with an unlawful detainer complaint, the complaint will show the court location where you should file your response. We offer a huge variety of criminal expungement legal services to all Kern residents. You should bring copies and the Court Clerk will conform them. You should bring the proof of service to court with you. We take pride in offering affordable pricing to our clients. A hearing and appearance is only needed if the tenants file an answer to the unlawful detainer. If you have any further questions, please contact the County Clerk's Office at (661) 868-3743. 301 Bakersfield, CA 93301 (661) 868-5320, Including library services & resources availble for use. An unlawful detainer complaint is required in California's law, is necessary to be served in person to the person who is being sued, however there are few cautions to this regulation. Inland County Legal Services Rancho Cucamonga: (909) 980-0982 800 . Filing an appeal does not automatically suspend or delay enforcement of the judgment. The application for Waiver for Court Fees and Costs form may be obtained from the clerks office. Call Now Toll-Free 800-916-1228 100% FREE Attorney Consultation. To make matters worse, different clerks in the same courthouse disagree as to how this question should be answered, so some pleadings are rejected for checking Yes and some are rejected for checking No. To change your trial date, you need to file one of the following: The paperwork must be filed as soon as the need for a continuance is known. Hours: Monday through Thursday from 8:00 am to 4:00 pm; Friday from 8:00 am to 2:00 pm You can have a trial 20 days after that. The landlord is the plaintiff. We offer a 100% money back guarantee on most of our services. LTAC provides sample Notices, free premade packets to initiate an Unlawful Detainer lawsuit, and general information about the process of evicting a tenant in California. 171 Family Law Packets (If requested by mail, additional $1.00 charge with the exception of No Fee packets): Dissolution Summary Dissolution, Paternity, or Petition for Custody Domestic Violence 172 Probate Packets (If requested by mail, additional $1.00 charge with the exception of No Fee packets): Affidavit of Real Property of Small Value, Most of our expungement cases are completed in just 6-12 weeks, meaning you can quickly move forward with you life. Using these smart forms can save you time and frustration. Subsequent filings for default judgment trial setting and sheriff lockout, if necessary. Get form UD-105 espaolGet form UD-105 in Spanish (Spanish) Effective: April 14, 2022 View UD-105 AnswerUnlawful Detainer form Go to How-to instructions for Eviction Go to We are document service providers, not attorneys. 4yQF( Copyright 2020 Scripps Media, Inc. All rights reserved. An Unlawful Detainer case is fast. The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. You will be mailed a Clerks Notice of Trial informing you of the trial date. You do not have to visit in order to get information you can always call them at (661) 610-6299 or email them at ltac@kern.courts.ca.gov. The Attorney-In-Fact must be registered with the Kern County Clerk or a currently dated copy of the power-of-attorney must be attached to the bond authorizing the Attorney-In-Fact to issue the bond, The Attorney-In-Fact signature must be acknowledged before a notary public, Filing fee of $182 (cash, credit card, money order, or check) payable to the Kern County Clerk. Evictions in Ridgecrest are filed in the Ridgecrest courthouse at 132 E Coso Avenue, as are evictions in China Lake, Indian Wells, and Inyokern. <> Evictions in Lake Isabella are filed in the Kern River courthouse at 7046 Lake Isabella Blvd., as are evictions for Wofford Heights, Kernville, Mountain Mesa, Weldon, and Bodfish. If you are in need of information on the subject of Landlord-Tenant issues, including free forms packets, you can visit the Kern County Law Librarys space in order to speak with the staff of the Landlord-Tenant Assistance Center. Two-year Unlawful Detainer Assistant bond in the amount of $25,000 or in lieu of a bond, you may deposit $25,000 in cash with the County Clerk. Notice: This website is attorney advertisement and does not establish an attorney-client relationship, which is only formed once you have signed an engagement agreement. You may refer to the Evictions:Landlord page for more information. Barstow, CA 92311 The Legal Document Assistant registration for an individual must be completed and submitted to the Kern County Clerks office: The applicant must appear in person and must meet the following requirements: You may apply for registration as a Legal Document Assistant between 8:30 am - 3:00 pm Monday through Friday. Take a default if the tenant fails to respond or go to trial if the tenant does respond, Post-judgment proceedings, such as appeal or removal of the tenant by the sheriff. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. On February 19, 2016 a 31-CL 10K Unlawful Detainer - Commercial - Civil Limited case was filed by County Of Kern, represented by Van Wyk, Brian M, against Grieves, Bruce, represented by in the jurisdiction of Kern County. Professional preparation of unlawful detainer summons and complaint and supporting documents by Registered Legal Document Assistant. The tenant is the defendant. The Sheriffs cost for the eviction may be added to the judgment, which the landlord can collect from you. Highly recommend Fresh Start Law Center to anyone needing this type of assistance. The action you just performed triggered the security solution. (661) 873-4415. he Covid rules are confusing and contradictory, and the courts appear to heavily favor the tenants. ~ Disagreement has to be about the tenant moving out This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. The bond must cover the two-year registration period. Founding Attorney, Fresh Start Law Center. 7AUg^$1@_/@wAKY&e62&`pH!`)`S5p\"H ul1K#D$ ||4 @j%k6r&l =b If you are a defendant in an unlawful Detainer case, you may refer to the Evictions:Tenant page for more information. From San Diego to Humboldt County, we are here to help with your expungement needs. If necessary, the registration period will be shortened to coincide with the date the bond expires. It is a legal way to evict someone from the place where they live or work. Tenants and their lawyers sometimes ask for extensive discovery, such as the production of documents related to the case or answer to interrogatories (questions). We can also provide the forms for you. Talk to a lawyer to make sure all your rights are protected and that everyone does what they are supposed to do. The forms also contain instructions to help you fill them out. The bond must cover the two-year registration period. You have 5 days from the date you were served to respond in writing to the landlords complaint and file your response with the court. Temporary restrictions due to Covid-19 may hamper or delay an eviction. Website https://www.kerncounty.com Phone Number (661) 868-3140 Kern County Recent Unlawful Detainer Case Records ARB PINE BROOK, LLC VS ARMSTRONG 235 E. Mountain View Street, Lower Level Most courts allow a three day notice when the tenant is damaging the property. % While Landlord-Tenant Assistance Center cannot fill out your paperwork for you, they can provide you with a free, premade packet of the necessary forms you need to respond to a lawsuit for Unlawful Detainer (eviction). They have moved to 400 Truxtun Ave #203, Bakersfield, CA 93301. For example, which forms to complete and how to file them. Arrive early as there is always a high demand for services. The landlord cancels the rental agreement by giving proper notice. If the landlord fails to appear for a scheduled trial, the court may dismiss the case without any further action. Answer - Unlawful Detainer Judicial Council Form UD-105 Request to Set Case for Trial (Unlawful Detainer) Judicial Council Form UD-150 Request for Entry of Default (Application to Enter Default) Judicial Council Form CIV-100 Declaration for Default Judgment by Court (Unlawful Detainer- Code Civ. The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. Please enable JavaScript before you proceed. Kern County has multiple court locations. We are so sure that we have the lowest fixed prices for our expungement services that we guarantee it! Professional Process Service of initial court filing to all tenants, including prejudgment claim of right to possession. _N )N^J0B; $~]J`^x?p''nbPj2+IO1})F58PxBp+ Arrive early as there is always a high demand for services. You can email the site owner to let them know you were blocked. They did everything they promised, on time and with wonderful customer service. Some courts believe Yes means that the tenant is in temporary housing, and some believe that No means the tenant is in temporary housing. 17780 Arrow Boulevard, 2nd Floor Mailing Address KCSO Civil Section P.O.Box 80786 Bakersfield, CA 93380 Email: Civil@kernsheriff.org Public Hours of Operation 8:00 a.m. - 5:00 p.m. Monday - Friday, excluding holidays Login. This form contains paragraph 3(b)(1), which states, All defendants names in this action maintain occupancy described in Civil Code section 1940(b). This concerns whether the tenant is in temporary housing, such as a residential hotel. The order says that those tenants should have 60 days to respond to an unlawful detainer (eviction) complaint, instead of the normal 5 court days. The court has issued a standing order which requires an Unlawful Detainer Supplemental Cover Sheet to be filed for any currently filed or new case in which a summons is requested or any currently filed case in which a default is requested. 7/28/21 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): . If the landlord wins the case, they will get a "judgment" and the tenant has to move out. An Unlawful Detainer case is fast. The court provides interpreters for unlawful detainer cases for parties who do not speak English or require a sign language interpreter. If you have any further questions, please contact the County Clerk's Office at (661) 868-3743. We specialize in clearing up your entire criminal record, and we provide discounted pricing for multiple expungement cases. This application requires JavaScript, which is currently disabled in your browser. Call us now to get them out. Legal Document Assistant registration is required for those who, for compensation, assist the public to present legal documents to any self-help members of the public who are representing themselves in a legal matter.
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