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. The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. 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. I am very pleased! We specialize in California criminal expungement law and have help clients all over the state of California. <> #z< !B lj Z,adxq_{='UE5r|*h +Z434as6WVhxr We cannot represent you in Court and we do not provide any legal advice. 235 E. Mountain View Street, Lower Level You cannot evict someone yourself without going through the proper steps. 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. 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. Keep a copy of all filed forms for yourself . Unlawful Detainer - Kern County Law Library There is no trial if you do not file a written response to the unlawful detainer complaint. endobj 348, Bakersfield, CA 93301. PDF Application and Order to Serve Summons by Posting - Unlawful Detainer 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. 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. Evictions in Ridgecrest are filed in the Ridgecrest courthouse at 132 E Coso Avenue, as are evictions in China Lake, Indian Wells, and Inyokern. Login. 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. An unlawful detainer lawsuit is a suit brought by a landlord to obtain possession of the rented property and receive payment of back rent. After you print out your forms, stop by at one of our Resource Centers so we can talk about your case and your forms. Kern County has multiple court locations. 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. Kern County Superior Court - Rapid Legal Support Local Kern County, California, expungement law firm is experienced in criminal record expungement, and ensures the lowest expungement prices in Kern County. Management of eviction case all the way through sheriff lockout. 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 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. endobj Evictions in Delano are filed in the Delano courthouse at 1122 Jefferson Street, as are evictions in McFarland, Jasmin, Pond, Earlimart, and Richgrove. A valid photo identification issued by the government (established by a birth certificate, a drivers license or passport). Please enable JavaScript before you proceed. Free Consultation (800) 916-1228. The tenant is the defendant. If the landlord obtains a judgment against you, you will have to move. 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. An eviction, known as an unlawful detainer in California, is the removal of a tenant from a rental property by the landlord. Landlords and tenants can have disagreements. 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. Felony expungement . 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. 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. The judgment may include the landlords court costs and attorney fees plus any proven damages. You should bring the proof of service to court with you. Website https://www.kerncounty.com Phone Number (661) 868-3140 Kern County Recent Unlawful Detainer Case Records ARB PINE BROOK, LLC VS ARMSTRONG Mr. Huffman was a joy to work with. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. Landlord / Tenant | Superior Court of California Please provide the court with sufficient notice of your need. Temporary restrictions due to Covid-19 may hamper or delay an eviction. 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. Kern County Superior Court announces new requirements for unlawful Landlords | Superior Court of California | County of Kern "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 The Sheriff can enforce this judgment. ` Evictions - Kern Eviction The bond must cover the two-year registration period. A Covid declaration is only required for evictions based on nonpayment of rent, but some courts are requiring Covid declarations for all evictions. Professional Process Service of initial court filing to all tenants, including prejudgment claim of right to possession. An Unlawful Detainer case is fast. PDF Instructions to Sheriff of The County of Kern We have won thousands of criminal expungement cases for our clients in California. Talk to a lawyer to make sure all your rights are protected and that everyone does what they are supposed to do. In addition, the court may also enter a money judgment for the landlord and against the tenant. Landlord Tenant (Unlawful Detainer) Information, Informacin de Desalojo (Retencin Ilcita). Evictions in Lake Isabella are filed in the Kern River courthouse at 7046 Lake Isabella Blvd., as are evictions for Wofford Heights, Kernville, Mountain Mesa, Weldon, and Bodfish. A copy of the supplemental cover sheet is available here. 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. In order to legally evict a tenant (remove and lock the tenant out of the property), the landlord must file an unlawful detainer lawsuit. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. Fresh Start Law Center focuses exclusively on California record clearing laws, and is one of the few California law firms to do so. . No problem. Evictions are generally filed in the closest courthouse to the location of the property. A certified copy of the original bond must be submitted in each additional county in which you apply for registration. 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. Statements of Economic Interests (Form 700) for Designated Local Officers, Certificate of Authority for Admitted Sureties, Corporation or Partnership LDA Checklist & Application. To request a jury trial, the requesting party must file a document entitled Request for Setting. Please click on the link below for the appropriate LDA packet. PDF UNLAWFUL DETAINER PACKET - California The court has issued a standing order which requires an Unlawful Detainer Supplemental Cover Sheet to be filed for any currently filed or new case in which a summons is requested or any currently filed case in which a default is requested. Kern County Criminal Record Expungement - Fresh Start Law Center Abuse, Harassment & Restraining Orders Help. 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. Proc., 525(d)) Judicial Council Form UD-116 Inland County Legal Services Rancho Cucamonga: (909) 980-0982 800 . "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 An original bond is required for . 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 In order to legally evict a tenant (remove and lock the tenant out of the property), the landlord must file an unlawful detainer lawsuit. 301 Bakersfield, CA 93301 (661) 868-5320, Including library services & resources availble for use. ComplaintUnlawful Detainer | California Courts | Self Help Guide This material may not be published, broadcast, rewritten, or redistributed. 4yQF( If the landlord wins the case, they will get a "judgment" and the tenant has to move out. In most cases, no court appearances are necessary, but you can represent yourself at the court trial if needed. You dont have to suffer with a bad tenant. Only the Sheriff can evict someone. 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. Unlawful Detainer Case Search - Kern County Superior Courts Privacy Policy. The person served must be given reasonable notice of the date and time of the trial. x=ks6][{&$9]l.4zlVxN"*|4Fw47oG_}Yh/M,U',R%,? It is important that you put your criminal expungement case in good hands that you can trust. We offer a 100% money back guarantee on most of our services. Please enable JavaScript before you proceed. Unlawful Detainer/Evictions | Superior Court of California | County of KERN COUNTY AUDITOR-CONTROLLER-COUNTY CLERK January 1, 2016 . 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`} PJ6\Y1{n9{xRFR= PDF KERN COUNTY AUDITOR-CONTROLLER-COUNTY CLERK 1115 Truxtun Avenue, 1st The Sheriffs cost for the eviction may be added to the judgment, which the landlord can collect from you. We are convenientlly located in Southern California which allows us to provider our full lineup of record clearing services to all residents in Kern. 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 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. Information packets are provided in English and Spanish, but please note that all filings in the Superior Court must be in English. We take pride in offering affordable pricing to our clients. Kern County, California Media Contact: Greater Bakersfield Legal Assistance, Inc. Staff Attorney Laura Matter lmatter@gbla.org . 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. 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. Sincerely,David Huffman, Esq. The renter damages the property, such as breaking out windows. This default judgment allows the landlord to obtain possession of the property. 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. You will have to pay a fee or get a fee waiver. 4 0 obj Cloudflare Ray ID: 7c0734b6ea5ca075 Filing an appeal does not automatically suspend or delay enforcement of the judgment. Highly recommend Fresh Start Law Center to anyone needing this type of assistance. To be clear: LTAC is not able to provide you with legal advice only information. Instead of writing certain information over and over, these forms will know where to put that information on the forms for you. This sometimes includes closely held corporations, such as a husband and wife L.L.C. Emergency Rule 1 expired on September 1. 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. 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. Fees for limited civil unlawful detainer cases and cases filed by assignees in courts with local courthouse construction surcharges 13 These amounts incorporate the additional $15 fee under CCP 1161.2 charged to plaintiffs in limited civil unlawful detainer cases. If you have any further questions, please contact the County Clerk's Office at (661) 868-3743. Some courts believe Yes means that the tenant is in temporary housing, and some believe that No means the tenant is in temporary housing. 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. 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. We do pay the cost of electronic filing. If you are a defendant in an unlawful Detainer case, you may refer to the Evictions:Tenant page for more information. 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 statutory Covid declaration has a date on the top of it reflecting when the moratorium was passed or extended. It is a legal way to evict someone from the place where they live or work. BY POSTING FOR UNLAWFUL DETAINER Code Civ. Totally reliable and well worth the money. +yZOOZ.r:Z:|,X?eHDDI^>~"*i54O?>=::Dj1d5 California Courts | Self Help Guide Declaration for Default Judgment by Court (Unlawful DetainerCiv. These are some of the recent problems we have experienced. endobj This section does not talk about everything a landlord and tenant may disagree about. 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 . We prepare papers quickly and accurately, but this does not mean that there wont be problems. If we do not successfully expunge your criminal case, then you don't pay us. An unlawful detainer is only for possession of the property, but not for recovery of monetary damages. <> Currently Kern County consists of 11 cities in total, and our record clearing services are available to everybody in all 11 cities. Founding Attorney, Fresh Start Law Center. I would highly recommend Fresh Start. 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. The action you just performed triggered the security solution. We require the bond to explicitly state the effective and expiration dates. Our location in Southern California put us very close to Kern and we are very familiar with the Kern County Superior Court system. PDF KERN COUNTY AUDITOR-CONTROLLER-COUNTY CLERK 1115 Truxtun Avenue, 1st : Kern County has the distinction of being the 13th largest county in California, and is located in California's Central Valley. 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. 2 0 obj If you have any further questions, please contact the County Clerk's Office at (661) 868-3743. . The tenant is the defendant. AnswerUnlawful Detainer | California Courts | Self Help Guide The renter becomes a serious nuisance by disturbing other tenants and neighbors. Monetary damages may be recovered after control of the property is taken. 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. This judgment allows the landlord to obtain possession of the property. Registration for Legal Document Assistant is required in every county where the service is supplied. The landlord cancels the rental agreement by giving proper notice. The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. It mainly talks about who has the right to live at the property. Fontana, CA 92335 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. 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. Tenants | Superior Court of California | County of Kern This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. Cabrera v. Ramirez, Case No.: 1:15-cv-00067 - --- - JLT | Casetext Evictions in Shafter and evictions in Wasco and Palmo are filed in the Shafter courthouse at 325 Central Valley Hwy. 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. 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. Kern County is located in the Central Valley and although it is best know for the city of Bakersfield, there are 10 other cities that make up the county. 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. 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. You will be mailed a Clerks Notice of Trial informing you of the trial date. The bond must cover the two-year registration period. An unlawful detainer lawsuit is a suit brought by a landlord to obtain possession of the rented property and receive payment of back rent. After the Sheriff posts the notice, you have 5 days to move. PDF Superior Court of California Statewide Civil Fee Schedule1 Superior Court of Kern County changing process for unlawful detainer 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. 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. We serve all locations in the county and prepare paperwork for evictions throughout California. PDF Have evictions in Kern County stopped? What types of evictions are delayed? 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. Call Now Toll-Free 800-916-1228 100% FREE Attorney Consultation. The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. Their prices were reasonable and there service excellent. An Unlawful Detainer case is fast. No matter how meritless the claims are, the court will still consider them. According to the court, due to the . 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 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, Supporting educational documentation as required, Filing fee of $182 (cash, credit card, money order, or check) payable to the Kern County Clerk. This means the Sheriff can physically make the tenant leave. 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. Legal Document Assistance throughout the county and state. All Rights Reserved. If they cannot work it out, they may end up in court. You can click on the service that is most applicable to your situation and you will be taken to a main informational page wherein you can learn more about the service. This website is using a security service to protect itself from online attacks. The Center is located at the Kern County Superior Court, Metropolitan Division, 1415 Truxtun Ave., in Bakersfield on the Third Floor. You may refer to the Evictions:Landlord page for more information. The subpoena must be personally served. Initial consultation with a registered Legal Document Assistant to ensure compliance with state and local filing requirements. 103.190.54.21 INSTRUCTIONS TO SHERIFF OF THE COUNTY OF KERN Author: jacquez Created Date: 6/1/2018 7:52:59 AM . 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. 2010-2023 Fresh Start Law Center, PC - A Professional Corporation. E-Filing | Superior Court of California | County of Kern 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. In order to obtain a fee waiver, you must file an Application for Waiver of Court Fees and Costs at the time you file your response. Additional, lost or stolen replacement cards are $10 each. 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 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. Kern Evictions appears to be closed. In general, the defendant cannot file a cross complaint (counter-sue). Unlawful Detainer cases are complicated. An Unlawful Detainer action is a special court proceeding. 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. Your IP: Tenants and their lawyers sometimes ask for extensive discovery, such as the production of documents related to the case or answer to interrogatories (questions). You can have a trial 20 days after that. For example, which forms to complete and how to file them. 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. Arrive early as there is always a high demand for services. This application requires JavaScript, which is currently disabled in your browser. 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. 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..
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