To request a jury trial, the requesting party must file a document entitled Request for Setting. Kern County Superior Court announces new requirements for unlawful No matter how meritless the claims are, the court will still consider them. . Kern County Administrative Office 1115 Truxtun Avenue, 5th Floor Bakersfield, CA 93301 Meaning of Name Edward Kern, cartographer for John C. Fremont's 1845 expedition. 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. 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. Disagreement has to be about the tenant moving out "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 Superior Court of Kern County changing process for unlawful detainer 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. This application requires JavaScript, which is currently disabled in your browser. 17780 Arrow Boulevard, 2nd Floor Cloudflare Ray ID: 7c0734b6ea5ca075 You will have to pay a fee or get a fee waiver. These can be burdensome and cause delays. We serve all locations in the county and prepare paperwork for evictions throughout California. %PDF-1.5 2 0 obj Free self help assistance is provided by the Court for both landlords and tenants. We require the bond to explicitly state the effective and expiration dates. 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. I. The Legal Document Assistant registration for an individual must be completed and submitted to the Kern County Clerk's office: Kern County Administrative Building 1115 Truxtun Avenue, 1st Floor Bakersfield, CA 93301 . Accordingly, the Court recommends the action be REMANDED to Kern County Superior Court. Professional process service of the initial notices. 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. Fresh Start Law Center is one of the few law firms in California that focuses solely on record clearing laws in California. <> We can answer your questions about the law and procedures. pwpcCSC9QcUtg+"2*Z~%+}@"M [>54Nm\ J[}x|'C/C2+`dC?c}6hKw'yrJ\&xq%4h`E5{tD`KKa]e?Ck[U=o@c^8h/Qet#GD?9jU[5JP@!\|*8lqV17CS!K$t42)F]n. We require the bond to explicitly state the effective and expiration dates. Electronic filing of unlawful detainer case documents. If you have a friend willing to serve papers for you, we can give them instructions as to how to do it. 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. 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. 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! It is against the law. 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. <>>> 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 cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. #z< !B lj Z,adxq_{='UE5r|*h +Z434as6WVhxr 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. The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. Registration for Legal Document Assistant is required in every county where the service is supplied. 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. ~ This appears to be the proper procedure under the law, but several courts, without citing any authority, have required a fifteen day notice. This sometimes includes closely held corporations, such as a husband and wife L.L.C. The renter uses the property to do something illegal, such as sell drugs. You can have a trial 20 days after that. After the Sheriff posts the notice, you have 5 days to move. I would highly recommend Fresh Start. We do not, will not, and cannot represent you in court. From the moment you sign up for one of our expungement services a knowledgeable attorney will begin working on your case and will there handling your case all the way until the end. 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 100% money back guarantee on most of our services. According to the court, due to the . Please enable JavaScript before you proceed. The renter becomes a serious nuisance by disturbing other tenants and neighbors. Subsequent filings for default judgment trial setting and sheriff lockout, if necessary. ComplaintUnlawful Detainer (UD-100) Starts an eviction case and tells the tenant all the issues the landlord wants to include in a judgment against them. The application for Waiver for Court Fees and Costs form may be obtained from the clerks office. We provide criminal expungement legal services to all the cities in Kern County, and pride ourselves on being one of the only law firms that concentrate exclusively on California record clearing laws. Inappropriate dress includes jeans, shorts or tank tops. Filing an appeal does not automatically suspend or delay enforcement of the judgment. They did everything they promised, on time and with wonderful customer service. This material may not be published, broadcast, rewritten, or redistributed. 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 Provide some quick info, and one of our record clearing attorneys will reach out to you right away. We do pay the cost of electronic filing. SummonsUnlawful DetainerEviction (SUM-130) Tells a tenant that the landlord has started a court case to evict the tenant and what can happen if a response is not filed in 5 days. Most courts allow a three day notice when the tenant is damaging the property. PDF Have evictions in Kern County stopped? What types of evictions are delayed? If you have any further questions, please contact the County Clerk's Office at (661) 868-3743. You dont have to suffer with a bad tenant. 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. Instead of writing certain information over and over, these forms will know where to put that information on the forms for you. The party requesting a jury trial is responsible for the initial jury fees, which must be posted with the court 5 days before the trial date. We take pride in offering affordable pricing to our clients. We cannot represent you in Court and we do not provide any legal advice. An unlawful detainer is only for possession of the property, but not for recovery of monetary damages. In order to legally evict a tenant (remove and lock the tenant out of the property), the landlord must file an unlawful detainer lawsuit. Some courts believe Yes means that the tenant is in temporary housing, and some believe that No means the tenant is in temporary housing. We are located in the historical Haberfelde Building at 1412 17th Street, Ste. 3 0 obj The tenant is the defendant. These issues are completely beyond our control, and there is nothing we (or anyone else) can do to prevent these issues. An Unlawful Detainer action is a special court proceeding. Housing Authority of The County of Kern Vs Tomlin, Bcl-20-010813 Click to reveal I used them for two cases and they won both. Expedited proceeding An Unlawful Detainer case is fast. Unlawful Detainer Case Search - Kern County Superior Courts If you have any further questions, please contact the County Clerk's Office at (661) 868-3743. 348, Bakersfield, CA 93301. We are document service providers, not attorneys. 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. 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. We also offer expedited service in most counties. A landlord can generally evict a tenant if one or more of the following is true: The renter fails to pay rent on time. INSTRUCTIONS TO SHERIFF OF THE COUNTY OF KERN Author: jacquez Created Date: 6/1/2018 7:52:59 AM . Evictions in Ridgecrest are filed in the Ridgecrest courthouse at 132 E Coso Avenue, as are evictions in China Lake, Indian Wells, and Inyokern. If they cannot work it out, they may end up in court. Removal Jurisdiction Landlord Tenant (Unlawful Detainer) Information, Informacin de Desalojo (Retencin Ilcita). This link contains news and information for both landlords and tenants. The landlord is the plaintiff. Kern Evictions We are Kern Eviction. An Unlawful Detainer case is fast. PDF Application and Order to Serve Summons by Posting - Unlawful Detainer This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. 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. If they cannot work it out, they may end up in court. The court provides interpreters for unlawful detainer cases for parties who do not speak English or require a sign language interpreter. 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. :Gg7 The Sheriffs cost for the eviction may be added to the judgment, which the landlord can collect from you. This application requires JavaScript, which is currently disabled in your browser. 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 An Unlawful Detainer decides if the landlord can take the property back from the tenant. Please enable JavaScript before you proceed. AnswerUnlawful Detainer | California Courts | Self Help Guide 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 Covid declaration is only required for evictions based on nonpayment of rent, but some courts are requiring Covid declarations for all evictions. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> They can also provide some general information about the procedures you must follow to participate in your case, and inform you of important deadlines for filing you should keep in mind. _N )N^J0B; $~]J`^x?p''nbPj2+IO1})F58PxBp+ endobj There are packets available in English and Spanish, but please note that all court filings must be in English. Kern County has multiple court locations. Currently Kern County consists of 11 cities in total, and our record clearing services are available to everybody in all 11 cities. E-Filing | Superior Court of California | County of Kern There are, therefore, multiple contradictory Covid notifications. Evictions in Shafter and evictions in Wasco and Palmo are filed in the Shafter courthouse at 325 Central Valley Hwy. There are firms throughout the state that specialize in delaying evictions, and Nolo even publishes an article entitled, How to Delay an Eviction in California Heres what you can do to postpone your eviction, or maybe stop it altogether.. An eviction, known as an unlawful detainer in California, is the removal of a tenant from a rental property by the landlord. 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. You cannot evict someone yourself without going through the proper steps. An Unlawful Detainer action is a special court proceeding. The Center is located at the Kern County Superior Court, Metropolitan Division, 1415 Truxtun Ave., in Bakersfield on the Third Floor. We have listed our most popular criminal record clearing services below. Highly recommend Fresh Start Law Center to anyone needing this type of assistance. Our location in Southern California put us very close to Kern and we are very familiar with the Kern County Superior Court system. 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. Barstow, CA 92311 An original bond is required for . Totally reliable and well worth the money. That is why you may need an Unlawful Detainer. You may refer to the Evictions:Landlord page for more information. 2010-2023 Fresh Start Law Center, PC - A Professional Corporation. Landlords | Superior Court of California | County of Kern If the landlord wins the case, they will get a "judgment" and the tenant has to move out. 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. AnswerUnlawful Detainer (UD-105) Tell the court and the landlord your responses to the Complaint and things you want to ask for as a tenant in an eviction case. They have moved to 400 Truxtun Ave #203, Bakersfield, CA 93301. Sincerely,David Huffman, Esq. We have seen every type of expungement case, and we specialize in this unique area of California law. . Copyright 2020 Scripps Media, Inc. All rights reserved. These are some of the recent problems we have experienced. 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. `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. Kern County Clerk Legal Document Assistant If the landlord fails to appear for a scheduled trial, the court may dismiss the case without any further action. This generally includes McKittrick, Derby Acres, Valley Acres, New Cuyama, San Emidio, Lebec, and Maricopa.
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