(Instructions to
the Plaintiff)
Unlawful Detainers
To access any of the links
highlighted in
blue
that are found on this page, you will need version 5.0 (or higher) of the free
Adobe
Acrobat Reader
Before the landlord can bring court action to evict the tenant(s), the
tenant(s) must have been properly (officially) served with a 3-day
Notice to Quit or 30-day/60-day Notice to Terminate Tenancy,
and failed to obey the notice. Forms are available at any large
stationery store or can be prepared by an attorney:
-
3-day Notice to Quit (tenant is behind in the rent or has broken rental
agreement)
-
30-day Notice to Terminate Tenancy (tenant has not broken the lease and
lived on the property under a year)
-
60-day Notice to terminate Tenancy (tenant has not broken the lease and
lived on the property over a year)
You can go the Clerk's office at any of the
locations within Kings County and Purchase a packet of the forms necessary
to complete the Unlawful Detainer or you can click on
www.courts.ca.gov to obtain the forms at no cost.
Submit Forms & Filing Fees
to the Clerk:
-
Submit to the Clerk the
original Civil Case Coversheet, Complaint, and Summons and the correct
number of copies, (1) for you, and (1) for each defendant named.
-
The Clerk will stamp the case
number on the blank
Answer and Prejudgment forms (if serving) and return them to you for
service on the defendant(s).
-
The Clerk will keep the
original Coversheet, Summons, Complaint and will return the conformed copies to
you.
-
You will then be asked to pay
the Court's
filing fee (which can be paid by cash or check).
If you are unable to pay the filing fee you may complete a Request to
Waive
Court Fees (FW-001) and
Order on
Court Fee Waiver (FW-003) to see if you are eligible to have the
filing fee waived.
Serve These Forms to the
Defendant:
Have
the Defendant(s) served with a "conformed" copy of each document you
filed with the clerk and any required blank forms (with the exception of the
Request for Court Waiver of Court Fees and Order on Court Fee Waiver, if
you filed with the Court)
Note: These documents must
be served by someone other than you, who is over 18, and is not a party to
the action (e.g., neighbor, process server, sheriff, etc.)
*
If you decide to serve a Prejudgment Right of Claim to Possession it must be served by a licensed
process server or sheriff /per CCP 415.46
Have the Process Server
Complete the "Proof of Service" Form:
The person who
serves the documents must fill out and sign the Proof of Service form,
listing every document that was served (including the blank forms).
-
A separate Proof of Service
for each Defendant must be submitted.
-
If the Defendant is served by
substitute service, a copy must also be mailed. A separate declaration of
diligence is also required (i.e. three attempts at service on separate
days at three different times).
File the
completed Proof of Service with the Court, and submit a copy to be
conformed for your records.
You should start gathering all of the information that relates to your
case. This may include witnesses or paperwork such as the following:
-
a copy of the
lease or rental agreement,
-
any letters
you may have written or received about the property,
-
any receipts
you have
-
any inspection
reports from the building inspector or health department,
-
photographs,
-
police
reports,
-
any other
documentation that you think will help you convince the Judge that the
tenants should be evicted.
You will need to bring copies of each paper with you for the following: one for the
Judicial Officer, one for each defendant and one for yourself.
Get your paperwork organized before you come to court so that you can
easily find what you need when you are in the courtroom. You may want to
make notes for yourself so that you don’t forget to tell the Judicial
Officer
something that you think is important.
Do not bring your children with you as children are not allowed in the
courtroom.
Presenting your case in court
You should be aware of Rule of Court
104 prior to entering the Courtroom:
The Superior Court of
California
County of Kings
Decorum Rules of Court – Rule 104
The dignity of the Court is to be respected and maintained at all
times.
Court Security Officers are authorized to open and inspect any
items carried into a courtroom such as packages, briefcases, suitcases,
purses, boxes, duffel bags, shopping bags, backpacks or any other
containers. Court Security Officers will have the right to confiscate
all firearms, ammunition, knives, metal utensils, knitting needles, nail
files, scissors or any item which could be considered a weapon.
Attire for Counsel and spectators should be conservative and
appropriate to the dignity of the Court. Attire should not draw
attention or lack professionalism. No shorts, tanktops, T-shirts, bare
feet, hats, or sunglasses will be allowed. No person shall wear or
possess on the premises of the Superior Court of the State of
California, gang clothing or personal property with gang insignias,
monikers, bandannas, jewelry, clothing or other personal property with
any gang significance, or the display of gang colors. Profanities
printed on clothing or clothing which advertises alcoholic beverages,
tobacco products, or illegal substances are not allowed.
When Court is in session, no one should be heard except for the
Judge, Counsel and participants in the hearing. No person shall be
permitted verbal or physical contact with a prisoner without the prior
approval of the Court Security Officer. Any individual who disrupts the
Court will be promptly asked to cease the disrupting conduct and/or will
be removed from the courtroom. Counsel may address the Court when
invited to do so. Only material related to the Court’s business may be
read in the courtroom while Court is in session.
There shall be no use of profanities in the courtroom or adjacent
areas.
Persons under the influence of drugs or intoxicating beverages
will not be allowed into the courtroom or adjacent areas.
Doorways and passageways should be kept clear at all times and
repeated entrances and departures are to be avoided.
Cellular telephones or audible pagers must be turned off while in
the courtroom. Violations may result in the item(s) being confiscated.
The following items are prohibited in the courtroom and may be
confiscated by the Court Security Officer:
1. Recording or photographic devices of any type
including tape recorders, wireless microphones, digital, still or video
cameras (unless a Court Order has been approved for such use under C.R.C.
1.150);
2. Beverages for the public (except for water
provided to Counsel and other official personnel);
3. All food items (including snacks, gum and seeds);
and
4. Chewing tobacco, cigarettes, pipes and cigars.
NOTE: This Rule does not apply to computers and other electronic
devices necessary to accommodate individuals who are covered under the
Americans with Disabilities Act and/or the use of which has been
approved by the Court under Local Rule 117.
Effective January 1, 2004
Rev. 7/2009
|
