Evictions in Delano are filed in the Delano courthouse at 1122 Jefferson Street, as are evictions in McFarland, Jasmin, Pond, Earlimart, and Richgrove. We do not, will not, and cannot represent you in court. Removal Jurisdiction Copyright 2020 Scripps Media, Inc. All rights reserved. The court provides interpreters for unlawful detainer cases for parties who do not speak English or require a sign language interpreter. 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.. 103.190.54.21 Please enable JavaScript before you proceed. Felony expungement . Founding Attorney, Fresh Start Law Center. To be clear: LTAC is not able to provide you with legal advice only information. 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 Between March 23 and April 6, defaults were delayed in processing due to a reduction in court services due to the COVID-19 pandemic. You can have a trial 20 days after that. <> 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. This link contains news and information for both landlords and tenants. These are some of the recent problems we have experienced. Your IP: 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. If you have any further questions, please contact the County Clerk's Office at (661) 868-3743. There are packets available in English and Spanish, but please note that all court filings must be in English. 1 0 obj Highly recommend Fresh Start Law Center to anyone needing this type of assistance. If the landlord wins the case, they will get a "judgment" and the tenant has to move out. If necessary, the registration period will be shortened to coincide with the date the bond expires. The renter uses the property to do something illegal, such as sell drugs. Proc. Usually, the defendant has 5 days to file a response. If necessary, the registration period will be shortened to coincide with the date the bond expires. After the Sheriff posts the notice, you have 5 days to move. Website https://www.kerncounty.com Phone Number (661) 868-3140 Kern County Recent Unlawful Detainer Case Records ARB PINE BROOK, LLC VS ARMSTRONG An Unlawful Detainer action is a special court proceeding. We have listed our most popular criminal record clearing services below. KERN COUNTY AUDITOR-CONTROLLER-COUNTY CLERK January 1, 2016 . The two options are Yes and No. The tenant is the defendant. In general, the defendant cannot file a cross complaint (counter-sue). This link contains news and information for both landlords and tenants. These are some of the recent problems we have experienced. 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. Only the Sheriff can evict someone. There are costs to subpoena each witness, including witnesses mileage to and from the trial location, and you must pay these costs. 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. Click to reveal An eviction, known as an unlawful detainer in California, is the removal of a tenant from a rental property by the landlord. If the landlord wins the case, they will get a "judgment" and the tenant has to move out. This application requires JavaScript, which is currently disabled in your browser. If they cannot work it out, they may end up in court. This default judgment allows the landlord to obtain possession of the property. 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. Instead of writing certain information over and over, these forms will know where to put that information on the forms for you. Cloudflare Ray ID: 7c0734b6ea5ca075 The courts fee schedule can be found here. A copy of the supplemental cover sheet is available here. We cannot represent you in Court and we do not provide any legal advice. 17780 Arrow Boulevard, 2nd Floor 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. Please enable JavaScript before you proceed. 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. 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 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. The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. Get form SUM-130 Effective: January 1, 2022 View SUM-130 SummonsUnlawful DetainerEviction form Go to How-to instructions for Eviction Go to Eviction Form Packets 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. According to the court, due to the actions taken by the state and the CDC in response to COVID-19, in order to process a summons or default in an unlawful detainer action, the court must have case information that will allow the court to screen and process cases. 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. #z< !B lj Z,adxq_{='UE5r|*h +Z434as6WVhxr I am very pleased! This material may not be published, broadcast, rewritten, or redistributed. 3 0 obj 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. Accordingly, the Court recommends the action be REMANDED to Kern County Superior Court. endobj However, in order to get that protection, the tenant needs to meet . An unlawful detainer lawsuit is a suit brought by a landlord to obtain possession of the rented property and receive payment of back rent. Some courts believe Yes means that the tenant is in temporary housing, and some believe that No means the tenant is in temporary housing. That is why you may need an Unlawful Detainer. 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. 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. I. 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. A Covid declaration is only required for evictions based on nonpayment of rent, but some courts are requiring Covid declarations for all evictions. An Unlawful Detainer action is a special court proceeding. : Kern County has the distinction of being the 13th largest county in California, and is located in California's Central Valley. You can have a trial 20 days after that. Hours: Monday through Thursday from 8:00 am to 4:00 pm; Friday from 8:00 am to 2:00 pm 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. Barstow, CA 92311 <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 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. Local Kern County, California, expungement law firm is experienced in criminal record expungement, and ensures the lowest expungement prices in Kern County. From San Diego to Humboldt County, we are here to help with your expungement needs. I would highly recommend Fresh Start. BAKERSFIELD, Calif. (KGET) The Kern County Superior Court has announced changes for how unlawful detainer cases will be processed. Some courts require multiple attempts to serve all documents, including three day, fifteen day, thirty day, sixty day, and ninety day notices. An unlawful detainer lawsuit is a suit brought by a landlord to obtain possession of the rented property and receive payment of back rent. :Gg7 We prepare papers quickly and accurately, but this does not mean that there wont be problems. We can answer your questions about the law and procedures. Call us now to get them out. A valid photo identification issued by the government (established by a birth certificate, a drivers license or passport). We prepare papers quickly and accurately, but this does not mean that there wont be problems. "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 Their prices were reasonable and there service excellent. According to the court, due to the . This legal document authorizes the Sheriff to physically remove and lock you out of the property. Give Light and the People Will Find Their Own Way. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. This means the Sheriff can physically make the tenant leave. 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! Some courts have required that every notification be served. We take pride in offering affordable pricing to our clients. Have each Defendant served with a copy of the filed forms. If you are served with an unlawful detainer complaint, the complaint will show the court location where you should file your response. If the landlord obtains a judgment against you, you will have to move. 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. In most cases, no court appearances are necessary, but you can represent yourself at the court trial if needed. Fresh Start Law Center focuses exclusively on California record clearing laws, and is one of the few California law firms to do so. Most of our expungement cases are completed in just 6-12 weeks, meaning you can quickly move forward with you life. 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. Inland County Legal Services Rancho Cucamonga: (909) 980-0982 800 . Performance & security by Cloudflare. , Imperial County, Inyo County, Kern County, Kings County, Lake County, Lassen County, Alameda County, Alpine County, Amador County, Butte County, Calaveras . In order to legally evict a tenant (remove and lock the tenant out of the property), the landlord must file an unlawful detainer lawsuit. Eviction cases are called "Unlawful Detainer" cases. %PDF-1.5 Expedited proceeding An Unlawful Detainer case is fast. Look at the list of other places to get help below. 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. An Unlawful Detainer case is fast. Landlords and tenants can have disagreements. We specialize in clearing up your entire criminal record, and we provide discounted pricing for multiple expungement cases. Proc., 525(d)) Judicial Council Form UD-116 You may refer to the Evictions:Landlord page for more information. Both parties have a right to request a jury trial. Keep a copy of all filed forms for yourself . . Provide some quick info, and one of our record clearing attorneys will reach out to you right away. The application for Waiver for Court Fees and Costs form may be obtained from the clerks office. Currently Kern County consists of 11 cities in total, and our record clearing services are available to everybody in all 11 cities. This allows us to give our clients highly specialized legal assistance at the absolute lowest fixed prices (we guarantee our prices are the lowest). Temporary restrictions due to Covid-19 may hamper or delay an eviction. We do pay the cost of electronic filing. Information packets are provided in English and Spanish, but please note that all filings in the Superior Court must be in English. All Rights Reserved. An unlawful detainer is only for possession of the property, but not for recovery of monetary damages. (CCP 262) . Totally reliable and well worth the money. For the most current news on the subject of how Covid-19 has impacted the subject of Unlawful Detainers, please clickhere. 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. The landlord is the plaintiff. We are convenientlly located in Southern California which allows us to provider our full lineup of record clearing services to all residents in Kern. Legal Document Assistance throughout the county and state. 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 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. The Sheriff can enforce this judgment. Kern Evictions appears to be closed. 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. 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. % We are so sure that we have the lowest fixed prices for our expungement services that we guarantee 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. Initial consultation with a registered Legal Document Assistant to ensure compliance with state and local filing requirements. There are, therefore, multiple contradictory Covid notifications. 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`} endobj Login. An Unlawful Detainer case is fast. . For example, which forms to complete and how to file them. The landlord is the plaintiff. 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. The renter damages the property, such as breaking out windows. It is a legal way to evict someone from the place where they live or work. 2 0 obj 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 . Notice of Termination. David Huffman and his team are top notch. 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. 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. Professional Process Service of initial court filing to all tenants, including prejudgment claim of right to possession. An Unlawful Detainer decides if the landlord can take the property back from the tenant. Evictions are generally filed in the closest courthouse to the location of the property. It is against the law. 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. 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. 301 Bakersfield, CA 93301 (661) 868-5320, Including library services & resources availble for use. We serve all locations in the county and prepare paperwork for evictions throughout California. 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. 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. Usually, the defendant has 5 days to file a response. ComplaintUnlawful Detainer SummonsUnlawful DetainerEviction File these forms with the Court Clerk. 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. 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). Unlawful Detainer cases are complicated. There is no trial if you do not file a written response to the unlawful detainer complaint. They have moved to 400 Truxtun Ave #203, Bakersfield, CA 93301. 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. You can email the site owner to let them know you were blocked. Arrive early as there is always a high demand for services. (CCP 262) . You should bring copies and the Court Clerk will conform them. Professional process service of the initial notices. This judgment allows the landlord to obtain possession of the property. No matter how meritless the claims are, the court will still consider them. We offer a 100% money back guarantee on most of our services. The person served must be given reasonable notice of the date and time of the trial. It is important that you put your criminal expungement case in good hands that you can trust. An Unlawful Detainer action is a special court proceeding. Additional, lost or stolen replacement cards are $10 each. 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. We know contract attorneys all over California. Disagreement has to be about the tenant moving out 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. These issues are completely beyond our control, and there is nothing we (or anyone else) can do to prevent these issues. Call Now Toll-Free 800-916-1228 100% FREE Attorney Consultation. 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. A landlord can generally evict a tenant if one or more of the following is true: The renter fails to pay rent on time.