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. ComplaintUnlawful Detainer SummonsUnlawful DetainerEviction File these forms with the Court Clerk. For example, which forms to complete and how to file them. Instead of writing certain information over and over, these forms will know where to put that information on the forms for you. There is no trial if you do not file a written response to the unlawful detainer complaint. There is no reason to let your criminal history hold you back any longer, sign up today and forget your past and embrace your future. Between March 23 and April 6, defaults were delayed in processing due to a reduction in court services due to the COVID-19 pandemic. An Unlawful Detainer case is fast. Monetary damages may be recovered after control of the property is taken. Housing Authority of The County of Kern Vs Tomlin, Bcl-20-010813 We are document service providers, not attorneys. (661) 873-4415. he Covid rules are confusing and contradictory, and the courts appear to heavily favor the tenants. % The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. You should bring copies and the Court Clerk will conform them. 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. Notice of Termination. Have each Defendant served with a copy of the filed forms. The cost of service of documents is heavily dependent location of the property and the difficulty serving the tenant, so costs vary greatly depending on the location of the property and the availability of process servers. Inland County Legal Services Rancho Cucamonga: (909) 980-0982 800 . We take pride in offering affordable pricing to our clients. Provide some quick info, and one of our record clearing attorneys will reach out to you right away. Fontana, CA 92335 You will be mailed a Clerks Notice of Trial informing you of the trial date. It's that simple. Additionally, we cannot guarantee results & past results do not guarantee future results. Kern County Superior Court announces new requirements for unlawful This website is using a security service to protect itself from online attacks. We do pay the cost of electronic filing. Some courts require multiple attempts to serve all documents, including three day, fifteen day, thirty day, sixty day, and ninety day notices. From San Diego to Humboldt County, we are here to help with your expungement needs. We offer many criminal record clearing services that once successful will allow you to approach job interviews with resolve and honesty. 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. The Unlawful Detainer (eviction) lawsuit begins when the landlord gives a Notice of Termination to the tenant. Unlawful Detainer Assistant registration is required in each county where the services are performed. The Covid rules are confusing and contradictory, and the courts appear to heavily favor the tenants. 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. 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. It is against the law. In general, the defendant cannot file a cross complaint (counter-sue). You can email the site owner to let them know you were blocked. 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. If necessary, the registration period will be shortened to coincide with the date the bond expires. 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. 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. 5 Stars!!! 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. INSTRUCTIONS TO SHERIFF OF THE COUNTY OF KERN Author: jacquez Created Date: 6/1/2018 7:52:59 AM . 7/28/21 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): . According to the court, due to the . 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. If you have a friend willing to serve papers for you, we can give them instructions as to how to do it. To request a jury trial, the requesting party must file a document entitled Request for Setting. These are some of the recent problems we have experienced. -a1?@xK 1erIQMdzZ5I}KxDEkfUXVk~`Y2vXD@0fE;MXp6P~}KWpeZ;`i"`Er0J,g%awU#T5jf If the landlord obtains a judgment against you, you will have to move. 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. We specialize in clearing up your entire criminal record, and we provide discounted pricing for multiple expungement cases. Please click on the link below for the appropriate LDA packet. An unlawful detainer is only for possession of the property, but not for recovery of monetary damages. `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. An Unlawful Detainer action is a special court proceeding. An unlawful detainer is only for possession of the property, but not for recovery of monetary damages. We can also provide the forms for you. I am very pleased! ` An original bond is required for . 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. Professional Process Service of initial court filing to all tenants, including prejudgment claim of right to possession. Kern Evictions appears to be closed. Website https://www.kerncounty.com Phone Number (661) 868-3140 Kern County Recent Unlawful Detainer Case Records ARB PINE BROOK, LLC VS ARMSTRONG 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. 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. Performance & security by Cloudflare. Tell us what you think about the new website. Unlawful Detainer - Kern County Law Library 2023 @ kclawlib.org All rights reserved, The range of digital services available with the Kern Law Library, Learn about the various resources we have available here at the Kern Law Library, Access to NOLO Online - an extensive library of free legal articles, Adding or Changing Names on Real Property, California State University Bakersfield Externs, Board of Trustees Meeting of April 12, 2023, Board of Trustees Meeting of March 8, 2023, Board of Trustees Meeting of February 8, 2023, Board of Trustees Meeting of January 11, 2023, Board of Trustees Meeting of December 14, 2022. Landlord / Tenant | Superior Court of California Evictions are generally filed in the closest courthouse to the location of the property. 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. We are so sure that we have the lowest fixed prices for our expungement services that we guarantee it! I would highly recommend Fresh Start. A certified copy of the original bond must be submitted in each additional county in which you apply for registration. Founding Attorney, Fresh Start Law Center. A certified copy of the original bond must be submitted in each additional county in which you apply for registration. 7AUg^$1@_/@wAKY&e62&`pH!`)`S5p\"H ul1K#D$ ||4 @j%k6r&l =b They did everything they promised, on time and with wonderful customer service. endobj (CCP 262) . The courts fee schedule can be found here. We are convenientlly located in Southern California which allows us to provider our full lineup of record clearing services to all residents in Kern. Kern Evictions We are Kern Eviction. After the Sheriff posts the notice, you have 5 days to move. 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. There are costs to subpoena each witness, including witnesses mileage to and from the trial location, and you must pay these costs. An Unlawful Detainer action is a special court proceeding. They have moved to 400 Truxtun Ave #203, Bakersfield, CA 93301. 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. The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. This application requires JavaScript, which is currently disabled in your browser. It mainly talks about who has the right to live at the property. ComplaintUnlawful Detainer | California Courts | Self Help Guide These issues are completely beyond our control, and there is nothing we (or anyone else) can do to prevent these issues. This material may not be published, broadcast, rewritten, or redistributed. It is a legal way to evict someone from the place where they live or work. The court provides interpreters for unlawful detainer cases for parties who do not speak English or require a sign language interpreter. If you are served with an unlawful detainer complaint, the complaint will show the court location where you should file your response. For the most current news on the subject of how Covid-19 has impacted the subject of Unlawful Detainers, please clickhere. 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. stream Emergency Rule 1 expired on September 1. 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. This generally includes McKittrick, Derby Acres, Valley Acres, New Cuyama, San Emidio, Lebec, and Maricopa. Disagreement has to be about the tenant moving out We do not, will not, and cannot represent you in court. If you have any further questions, please contact the County Clerk's Office at (661) 868-3743. 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 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. An original bond is required for the primary county in which you are applying for registration. x=ks6][{&$9]l.4zlVxN"*|4Fw47oG_}Yh/M,U',R%,? Sincerely,David Huffman, Esq. Removal Jurisdiction This link contains news and information for both landlords and tenants. If the case goes to trial and the landlord is awarded judgment against you and for possession of the property, the landlord can then obtain a Writ of Possession. 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. The Sheriff can enforce this judgment. These can be burdensome and cause delays. 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. We require the bond to explicitly state the effective and expiration dates. Usually, the defendant has 5 days to file a response. 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. Unlawful Detainer cases are complicated. 2010-2023 Fresh Start Law Center, PC - A Professional Corporation. The landlord cancels the rental agreement by giving proper notice. Call us now to get them out. The application for Waiver for Court Fees and Costs form may be obtained from the clerks office. The subpoena must be personally served. Expedited proceeding An Unlawful Detainer case is fast. KERN COUNTY AUDITOR-CONTROLLER-COUNTY CLERK January 1, 2016 . 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. 4yQF( Their prices were reasonable and there service excellent. An original bond is required for the primary county in which you are applying for registration. The Center is located at the Kern County Superior Court, Metropolitan Division, 1415 Truxtun Ave., in Bakersfield on the Third Floor. Evictions in Mojave are filed in the Mojave courthouse at 1773 State Highway 58 Business, as are Tehachapi evictions, California City evictions, Willow Springs evictions, and Rosamond evictions. Get form UD-116 Effective: July 1, 2003 If you have any further questions, please contact the County Clerk's Office at (661) 868-3743. We are located in the historical Haberfelde Building at 1412 17th Street, Ste. This appears to be the proper procedure under the law, but several courts, without citing any authority, have required a fifteen day notice. Evictions in Delano are filed in the Delano courthouse at 1122 Jefferson Street, as are evictions in McFarland, Jasmin, Pond, Earlimart, and Richgrove. Unlawful Detainer Assistant registration is required in each county where the services are performed. Superior Court of Kern - Ridgecrest Branch Address: 132 East Coso Ave, Ridgecrest, CA 93555, United States Phone: (760) 384-5900 Matters Served: CIVIL-LIMITED SMALL CLAIMS UNLAWFUL DETAINER (EVICTION) CRIMINAL-FELONY & MISDEMEANOR FAMILY LAW REVENUE RECOVERY TRAFFIC Superior Court of Kern - Shafter Branch All Rights Reserved. Kern County has multiple court locations. Eviction cases are called "Unlawful Detainer" cases. You may refer to the Evictions:Landlord page for more information. Please enable JavaScript before you proceed. Unlawful Detainer Case Search - Kern County Superior Courts If the landlord wins the case, they will get a "judgment" and the tenant has to move out. 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. Landlords and tenants can have disagreements. This allows us to give our clients highly specialized legal assistance at the absolute lowest fixed prices (we guarantee our prices are the lowest). 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. 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 . When you purchase a Fresh Start Law Center expungement service your case will be handled by a knowledgeable and experienced expungement attorney from start to finish. Evictions - Kern Eviction No matter how meritless the claims are, the court will still consider them. I used them for two cases and they won both. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. Evictions in Lamont are filed in the Lamont courthouse at 12022 Main Street, as are Taft evictions and areas around Taft because the Taft courthouse is currently closed. Kern County, California Media Contact: Greater Bakersfield Legal Assistance, Inc. Staff Attorney Laura Matter lmatter@gbla.org . Statements of Economic Interests (Form 700) for Designated Local Officers, Certificate of Authority for Admitted Sureties, Corporation or Partnership LDA Checklist & Application. Electronic filing of unlawful detainer case documents. Landlords | Superior Court of California | County of Kern The renter becomes a serious nuisance by disturbing other tenants and neighbors. Login. The judgment may include the landlords court costs and attorney fees plus any proven damages. A valid photo identification issued by the government (established by a birth certificate, a drivers license or passport). Payments can be made here. Tenants and their lawyers sometimes ask for extensive discovery, such as the production of documents related to the case or answer to interrogatories (questions). 235 E. Mountain View Street, Lower Level 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. We specialize in California criminal expungement law and have help clients all over the state of California. This sometimes includes closely held corporations, such as a husband and wife L.L.C. Civil Section | KCSO You can have a trial 20 days after that. There is usually only one appearance per case. This link contains news and information for both landlords and tenants. 301 Bakersfield, CA 93301 (661) 868-5320, Including library services & resources availble for use. 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.. 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. 3 0 obj Click to reveal 348, Bakersfield, CA 93301. 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. Unlawful Detainer/Evictions | Superior Court of California | County of 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. In order to legally evict a tenant (remove and lock the tenant out of the property), the landlord must file an unlawful detainer lawsuit. 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. Inappropriate dress includes jeans, shorts or tank tops. Most of our expungement cases are completed in just 6-12 weeks, meaning you can quickly move forward with you life. You will have to pay a fee or get a fee waiver. 4 0 obj An Unlawful Detainer action is a special court proceeding. We serve all 58 counties in California, including: Kern County - Early Probation Termination, Kern County - Certificate Of Rehabilitation. Please click on the link below for the appropriate UDA packet. Using these smart forms can save you time and frustration. <> We have won thousands of criminal expungement cases for our clients in California. Monday - Thursday:8am-4pmFriday:8am-3:30pm, 1415 Truxtun Ave, Rm. Call Now Toll-Free 800-916-1228 100% FREE Attorney Consultation. SummonsUnlawful DetainerEviction | California Courts | Self Help Guide 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. 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. BY POSTING FOR UNLAWFUL DETAINER Code Civ. However, in order to get that protection, the tenant needs to meet . 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! Hours: Monday through Thursday from 8:00 am to 4:00 pm; Friday from 8:00 am to 2:00 pm 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. . Most courts allow a three day notice when the tenant is damaging the property. _N )N^J0B; $~]J`^x?p''nbPj2+IO1})F58PxBp+
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