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. The court provides interpreters for unlawful detainer cases for parties who do not speak English or require a sign language interpreter. 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. An Unlawful Detainer case is fast. 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. *,X&BzB Hours: Monday through Thursday from 8:00 am to 4:00 pm; Friday from 8:00 am to 2:00 pm We serve all locations in the county and prepare paperwork for evictions throughout California. Get form UD-100 Effective: September 1, 2020 View UD-100 ComplaintUnlawful Detainer form Go to How-to instructions for Eviction Go to Eviction Form Packets Evictions in Shafter and evictions in Wasco and Palmo are filed in the Shafter courthouse at 325 Central Valley Hwy. % `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. A copy of the supplemental cover sheet is available here. 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. %PDF-1.5 The forms also contain instructions to help you fill them out. . Some courts require multiple attempts to serve all documents, including three day, fifteen day, thirty day, sixty day, and ninety day notices. Barstow, CA 92311 If a tenant fails to appear for a scheduled trial, the court will proceed by default and may render a judgment for the landlord. Have each Defendant served with a copy of the filed forms. Free self help assistance is provided by the Court for both landlords and tenants. 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 . Professional preparation of unlawful detainer summons and complaint and supporting documents by Registered Legal Document Assistant. According to the court, due to the . 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. Arrive early as there is always a high demand for services. Landlords and tenants can have disagreements. The renter uses the property to do something illegal, such as sell drugs. We offer a huge variety of criminal expungement legal services to all Kern residents. Copyright 2020 Scripps Media, Inc. All rights reserved. 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. An Unlawful Detainer case is fast. You should bring copies and the Court Clerk will conform them. This sometimes includes closely held corporations, such as a husband and wife L.L.C. The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. In order to legally evict a tenant (remove and lock the tenant out of the property), the landlord must file an unlawful detainer lawsuit. This legal document authorizes the Sheriff to physically remove and lock you out of the property. 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. They did everything they promised, on time and with wonderful customer service. The courts fee schedule can be found here. You dont have to suffer with a bad tenant. 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. Privacy Policy. 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. We prepare papers quickly and accurately, but this does not mean that there wont be problems. 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. The tenant is the defendant. Kern County has multiple court locations. Unlawful Detainer Assistant registration is required in each county where the services are performed. You can have a trial 20 days after that. Website https://www.kerncounty.com Phone Number (661) 868-3140 Kern County Recent Unlawful Detainer Case Records ARB PINE BROOK, LLC VS ARMSTRONG Fontana, CA 92335 We cannot represent you in Court and we do not provide any legal advice. Please click on the link below for the appropriate UDA packet. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. Fresh Start Law Center is one of the few law firms in California that focuses solely on record clearing laws in California. The Sheriff can enforce this judgment. We do not, will not, and cannot represent you in court. 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. Because an action for unlawful detainer arises under California law, the Court lacks subject matter jurisdiction over the complaint. On August 31, 2020, the California Legislature adopted Assembly Bill 3088, the COVID-19 Tenant Relief Act of 2020, which was adopted as urgency legislation with an effective date of September 2. 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. 17780 Arrow Boulevard, 2nd Floor -a1?@xK 1erIQMdzZ5I}KxDEkfUXVk~`Y2vXD@0fE;MXp6P~}KWpeZ;`i"`Er0J,g%awU#T5jf If the landlord wins the case, they will get a "judgment" and the tenant has to move out. 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. It mainly talks about who has the right to live at the property. A landlord can generally evict a tenant if one or more of the following is true: The renter fails to pay rent on time. There is no trial if you do not file a written response to the unlawful detainer complaint. We have won thousands of criminal expungement cases for our clients in California. 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. 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. "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 348, Bakersfield, CA 93301. 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. Electronic filing of unlawful detainer case documents. 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. 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. A Covid declaration is only required for evictions based on nonpayment of rent, but some courts are requiring Covid declarations for all evictions. 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 . This link contains news and information for both landlords and tenants. This application requires JavaScript, which is currently disabled in your browser. Statements of Economic Interests (Form 700) for Designated Local Officers, Certificate of Authority for Admitted Sureties, Corporation or Partnership LDA Checklist & Application. If the landlord fails to appear for a scheduled trial, the court may dismiss the case without any further action. We have listed our most popular criminal record clearing services below. Information packets are provided in English and Spanish, but please note that all filings in the Superior Court must be in English. If they cannot work it out, they may end up in court. Currently Kern County consists of 11 cities in total, and our record clearing services are available to everybody in all 11 cities. We specialize in California criminal expungement law and have help clients all over the state of California. This generally includes McKittrick, Derby Acres, Valley Acres, New Cuyama, San Emidio, Lebec, and Maricopa. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. Evictions in Bakersfield are filed in the Bakersfield courthouse at 1415 Truxtun Ave., as are evictions in surrounding areas of the county that are near Bakersfield, such as Oildale, Greenacres, and Rosedale. This means the Sheriff can physically make the tenant leave. 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. Get form UD-116 Effective: July 1, 2003 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. ` I am very pleased! 2 0 obj 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. However, in order to get that protection, the tenant needs to meet . 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 know contract attorneys all over California. Legal Document Assistance throughout the county and state. I used them for two cases and they won both. Give Light and the People Will Find Their Own Way. 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. Click to reveal From San Diego to Humboldt County, we are here to help with your expungement needs. 415.45 Page 1 of 2 For Optional Use CV-667 Rev. <> If you are not represented by an attorney, you can represent yourself. 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). We prepare papers quickly and accurately, but this does not mean that there wont be problems. 4yQF( 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. Removal Jurisdiction The renter damages the property, such as breaking out windows. An Unlawful Detainer action is a special court proceeding. 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, In general, the defendant cannot file a cross complaint (counter-sue). You must also pay a filing fee when you file the motion or stipulation. California Courts | Self Help Guide Declaration for Default Judgment by Court (Unlawful DetainerCiv. Landlords and tenants can have disagreements. Call us now to get them out. You should bring the proof of service to court with you. 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. You may refer to the Evictions:Landlord page for more information. A valid photo identification issued by the government (established by a birth certificate, a drivers license or passport). A certified copy of the original bond must be submitted in each additional county in which you apply for registration. Unlawful Detainer cases are complicated. 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. If you have any further questions, please contact the County Clerk's Office at (661) 868-3743. There are costs to subpoena each witness, including witnesses mileage to and from the trial location, and you must pay these costs. Additionally, we cannot guarantee results & past results do not guarantee future results. ~ These are some of the recent problems we have experienced. Tenants and their lawyers sometimes make claims designed to delay and make the process more expensive and burdensome, such as claiming that the tenant was improperly served, the process server entered the house, the person serving was not properly licensed, the landlord refused to fix a leak, etc. 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. Monetary damages may be recovered after control of the property is taken. 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. We have seen every type of expungement case, and we specialize in this unique area of California law. endobj Their prices were reasonable and there service excellent. You will have to pay a fee or get a fee waiver. We are so sure that we have the lowest fixed prices for our expungement services that we guarantee it! David Huffman and his team are top notch. 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. This application requires JavaScript, which is currently disabled in your browser. If the landlord wins the case, they will get a "judgment" and the tenant has to move out. 2iZ8.fg(gg1Syx{ The bond must cover the two-year registration period. An Unlawful Detainer decides if the landlord can take the property back from the tenant. This means the Sheriff can physically make the tenant leave. This material may not be published, broadcast, rewritten, or redistributed. We do pay the cost of electronic filing. Please provide the court with sufficient notice of your need. Most courts allow a three day notice when the tenant is damaging the property. Disagreement has to be about the tenant moving out An original bond is required for . You can email the site owner to let them know you were blocked. 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. An Unlawful Detainer action is a special court proceeding. #z< !B lj Z,adxq_{='UE5r|*h +Z434as6WVhxr Unlawful Detainer Assistant registration is required in each county where the services are performed. The bond must cover the two-year registration period. Talk to a lawyer to make sure all your rights are protected and that everyone does what they are supposed to do. 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 Monday - Thursday:8am-4pmFriday:8am-3:30pm, 1415 Truxtun Ave, Rm. That is why you may need an Unlawful Detainer. This default judgment allows the landlord to obtain possession of the property. Instead of writing certain information over and over, these forms will know where to put that information on the forms for you. _N )N^J0B; $~]J`^x?p''nbPj2+IO1})F58PxBp+ An original bond is required for the primary county in which you are applying for registration. 3 0 obj INSTRUCTIONS TO SHERIFF OF THE COUNTY OF KERN Author: jacquez Created Date: 6/1/2018 7:52:59 AM . 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. 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. x=ks6][{&$9]l.4zlVxN"*|4Fw47oG_}Yh/M,U',R%,? 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. After you print out your forms, stop by at one of our Resource Centers so we can talk about your case and your forms. INSTRUCTIONS TO SHERIFF OF THE COUNTY OF KERN Author: jacquez Created Date: 6/1/2018 7:52:59 AM . 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. 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. The landlord cancels the rental agreement by giving proper notice. <>>> We can also provide the forms for you. There are packets available in English and Spanish, but please note that all court filings must be in English. 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. We can answer your questions about the law and procedures. Between March 23 and April 6, defaults were delayed in processing due to a reduction in court services due to the COVID-19 pandemic. For example, which forms to complete and how to file them. Toggle navigation MENU. Management of eviction case all the way through sheriff lockout. +yZOOZ.r:Z:|,X?eHDDI^>~"*i54O?>=::Dj1d5 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. 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 It is a legal way to evict someone from the place where they live or work. Two-year Legal Document 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. It is a legal way to evict someone from the place where they live or work. Do you have multiple cases? This judgment allows the landlord to obtain possession of the property. 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. I would highly recommend Fresh Start. stream The Covid rules are confusing and contradictory, and the courts appear to heavily favor the tenants. To request a jury trial, the requesting party must file a document entitled Request for Setting. Monetary damages may be recovered after control of the property is taken. 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. Our location in Southern California put us very close to Kern and we are very familiar with the Kern County Superior Court system. Highly recommend Fresh Start Law Center to anyone needing this type of assistance. If you have any further questions, please contact the County Clerk's Office at (661) 868-3743. 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 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. endobj These can be burdensome and cause delays. Arrive early as there is always a high demand for services. (CCP 262) . 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. In general, the defendant cannot file a cross complaint (counter-sue). You will be mailed a Clerks Notice of Trial informing you of the trial date. Provide some quick info, and one of our record clearing attorneys will reach out to you right away. 2018 Superior Court of California, County of San Bernardino, All Rights Reserved |, Family Court Services Orientation Class Info, Local Emergency Rules Related to COVID-19, Online Form Preparation and Filing (TurboCourt), Court Case Information and Document Sales, How to Navigate San Bernardino Superior Court, San Bernardino Superior Court Rules of Practice, COVID-19: COURT OPERATIONS DURING THE COVID-19 PANDEMIC, Case Information and Document Sales Online, Resolving Your Unlawful Detainer (Eviction) Case, Make an Appointment for Limited Landlord/Tenant Filings, Make an Appointment for Unlimited Landlord/Tenant Filings, Motion for Continuance and a declaration showing a good reason for the continuance, Written Stipulation, (agreed to by both parties), along with a declaration showing a good reason for the continuance and an order, Bring any letters, documents, inspection reports, pictures, receipts or any other exhibits with you, Have at least three copies of all documents, an original for the court & a copy for the opposing party, Dress appropriately. The Sheriffs cost for the eviction may be added to the judgment, which the landlord can collect from you. Evictions are generally filed in the closest courthouse to the location of the property. 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. The tenant is the defendant. (CCP 262) . Emergency Rule 1 expired on September 1. Please enable JavaScript before you proceed. If you are a defendant in an unlawful Detainer case, you may refer to the Evictions:Tenant page for more information. Accordingly, the Court recommends the action be REMANDED to Kern County Superior Court. 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.
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