If they cannot work it out, they may end up in court. This material may not be published, broadcast, rewritten, or redistributed. Using these smart forms can save you time and frustration. We have won thousands of criminal expungement cases for our clients in California. 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. 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 We prepare papers quickly and accurately, but this does not mean that there wont be problems. 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. Hours: Monday through Thursday from 8:00 am to 4:00 pm; Friday from 8:00 am to 2:00 pm 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. ~ 4 0 obj Please enable JavaScript before you proceed. David Huffman and his team are top notch. Our location in Southern California put us very close to Kern and we are very familiar with the Kern County Superior Court system. Keep a copy of all filed forms for yourself . 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. endobj `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. In most cases, no court appearances are necessary, but you can represent yourself at the court trial if needed. 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. , Imperial County, Inyo County, Kern County, Kings County, Lake County, Lassen County, Alameda County, Alpine County, Amador County, Butte County, Calaveras . Notice of Termination. Professional Process Service of initial court filing to all tenants, including prejudgment claim of right to possession. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. %PDF-1.5 Kern County Superior Court announces new requirements for unlawful It mainly talks about who has the right to live at the property. 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. PDF Instructions to Sheriff of The County of Kern 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. 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%,? Evictions in Delano are filed in the Delano courthouse at 1122 Jefferson Street, as are evictions in McFarland, Jasmin, Pond, Earlimart, and Richgrove. 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. 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. I used them for two cases and they won both. We can answer your questions about the law and procedures. 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 . Currently Kern County consists of 11 cities in total, and our record clearing services are available to everybody in all 11 cities. "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 application for Waiver for Court Fees and Costs form may be obtained from the clerks office. 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. We are located in the historical Haberfelde Building at 1412 17th Street, Ste. You cannot evict someone yourself without going through the proper steps. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. I would highly recommend Fresh Start. Please click on the link below for the appropriate UDA packet. 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. 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. 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. PDF UNLAWFUL DETAINER PACKET - California You will have to pay a fee or get a fee waiver. We offer a 100% money back guarantee on most of our services. If the landlord obtains a judgment against you, you will have to move. The renter becomes a serious nuisance by disturbing other tenants and neighbors. An Unlawful Detainer case is fast. Because an action for unlawful detainer arises under California law, the Court lacks subject matter jurisdiction over the complaint. 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. SummonsUnlawful DetainerEviction | California Courts | Self Help Guide Housing Authority of The County of Kern Vs Tomlin, Bcl-20-010813 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. 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. 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. They did everything they promised, on time and with wonderful customer service. We know contract attorneys all over California. Free Consultation (800) 916-1228. All Rights Reserved. Arrive early as there is always a high demand for services. An unlawful detainer is only for possession of the property, but not for recovery of monetary damages. The landlord is the plaintiff. The courts fee schedule can be found here. 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. 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. Additional, lost or stolen replacement cards are $10 each. We can be reached by phone (661) 873-4415. +yZOOZ.r:Z:|,X?eHDDI^>~"*i54O?>=::Dj1d5 Emergency Rule 1 expired on September 1. 103.190.54.21 Disagreement has to be about the tenant moving out Copyright 2020 Scripps Media, Inc. All rights reserved. Please provide the court with sufficient notice of your need. Kern County, California Media Contact: Greater Bakersfield Legal Assistance, Inc. Staff Attorney Laura Matter lmatter@gbla.org . Mr. Huffman was a joy to work with. 4yQF( Expedited proceeding An Unlawful Detainer case is fast. Website https://www.kerncounty.com Phone Number (661) 868-3140 Kern County Recent Unlawful Detainer Case Records ARB PINE BROOK, LLC VS ARMSTRONG This link contains news and information for both landlords and tenants. 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 Local Kern County, California, expungement law firm is experienced in criminal record expungement, and ensures the lowest expungement prices in Kern County. Most courts allow a three day notice when the tenant is damaging the property. A new form is required for all evictions, form UD-101. Between March 23 and April 6, defaults were delayed in processing due to a reduction in court services due to the COVID-19 pandemic. Hours: Monday through Thursday from 8:00 am to 4:00 pm; Friday from 8:00 am to 2:00 pm We do not, will not, and cannot represent you in court. 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. Fontana, CA 92335 There is no trial if you do not file a written response to the unlawful detainer complaint. 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. Inappropriate dress includes jeans, shorts or tank tops. The person served must be given reasonable notice of the date and time of the trial. The landlord cancels the rental agreement by giving proper notice. Removal Jurisdiction An Unlawful Detainer decides if the landlord can take the property back from the tenant. This legal document authorizes the Sheriff to physically remove and lock you out of the property. This means the Sheriff can physically make the tenant leave. 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. Your IP: Fresh Start Law Center focuses exclusively on California record clearing laws, and is one of the few California law firms to do so. Professional process service of the initial notices. 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= 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. PDF Eviction or Unlawful Detainer Lawsuit - California We are a Kern County eviction service headquartered in Bakersfield, but we assist with evictions throughout California. 348, Bakersfield, CA 93301. Superior Court of Kern County changing process for unlawful detainer This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. We take pride in offering affordable pricing to our clients. Some courts have required that every notification be served. Get form UD-116 Effective: July 1, 2003 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. If you are served with an unlawful detainer complaint, the complaint will show the court location where you should file your response. After the Sheriff posts the notice, you have 5 days to move. For the most current news on the subject of how Covid-19 has impacted the subject of Unlawful Detainers, please clickhere. If the landlord fails to appear for a scheduled trial, the court may dismiss the case without any further action. This sometimes includes closely held corporations, such as a husband and wife L.L.C. _N )N^J0B; $~]J`^x?p''nbPj2+IO1})F58PxBp+ 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. Unlawful Detainer/Evictions | Superior Court of California | County of We require the bond to explicitly state the effective and expiration dates. The judgment may include the landlords court costs and attorney fees plus any proven damages. 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. "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 Evictions are generally filed in the closest courthouse to the location of the property. Usually, the defendant has 5 days to file a response. This generally includes McKittrick, Derby Acres, Valley Acres, New Cuyama, San Emidio, Lebec, and Maricopa. This application requires JavaScript, which is currently disabled in your browser. Proc. 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. If you are not represented by an attorney, you can represent yourself. 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. Subsequent filings for default judgment trial setting and sheriff lockout, if necessary. 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. Cabrera v. Ramirez, Case No.: 1:15-cv-00067 - --- - JLT | Casetext 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. You dont have to suffer with a bad tenant. 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 $1.00 charge with the exception of No Fee packets): Affidavit of Real Property of Small Value, Legal Document Assistance throughout the county and state. Evictions in Bakersfield are filed in the Bakersfield courthouse at 1415 Truxtun Ave., as are evictions in surrounding areas of the county that are near Bakersfield, such as Oildale, Greenacres, and Rosedale. pwpcCSC9QcUtg+"2*Z~%+}@"M [>54Nm\ J[}x|'C/C2+`dC?c}6hKw'yrJ\&xq%4h`E5{tD`KKa]e?Ck[U=o@c^8h/Qet#GD?9jU[5JP@!\|*8lqV17CS!K$t42)F]n. We provide our specialized criminal expungement legal services throughout the entire state of California. Both parties have a right to request a jury trial. 235 E. Mountain View Street, Lower Level Initial consultation with a registered Legal Document Assistant to ensure compliance with state and local filing requirements. A certified copy of the original bond must be submitted in each additional county in which you apply for registration. These can be burdensome and cause delays. This default judgment allows the landlord to obtain possession of the property. Tenants sometimes file motions, demurrers, or other pleadings that delay the eviction process, even if the pleadings are without merit. Login. We have seen every type of expungement case, and we specialize in this unique area of California law. 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. Civil Section | KCSO This application requires JavaScript, which is currently disabled in your browser. 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. Evictions in Shafter and evictions in Wasco and Palmo are filed in the Shafter courthouse at 325 Central Valley Hwy. 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. From San Diego to Humboldt County, we are here to help with your expungement needs. 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. The Unlawful Detainer (eviction) lawsuit begins when the landlord gives a Notice of Termination to the tenant. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> (CCP 262) . An original bond is required for . In general, the defendant cannot file a cross complaint (counter-sue). A hearing and appearance is only needed if the tenants file an answer to the unlawful detainer. AnswerUnlawful Detainer | California Courts | Self Help Guide 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. BAKERSFIELD, Calif. (KGET) The Kern County Superior Court has announced changes for how unlawful detainer cases will be processed. Monetary damages may be recovered after control of the property is taken. In general, the defendant cannot file a cross complaint (counter-sue). We serve all locations in the county and prepare paperwork for evictions throughout California. 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. endobj The renter uses the property to do something illegal, such as sell drugs. You must also pay a filing fee when you file the motion or stipulation. However, in order to get that protection, the tenant needs to meet . Some courts require multiple attempts to serve all documents, including three day, fifteen day, thirty day, sixty day, and ninety day notices. Founding Attorney, Fresh Start Law Center. Landlord Tenant (Unlawful Detainer) Information, Informacin de Desalojo (Retencin Ilcita). These issues are completely beyond our control, and there is nothing we (or anyone else) can do to prevent these issues. 1 0 obj 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. *,X&BzB We serve all 58 counties in California, including: Kern County - Early Probation Termination, Kern County - Certificate Of Rehabilitation. Kern County Clerk Unlawful Detainer Assistant The action you just performed triggered the security solution. . 301 Bakersfield, CA 93301 (661) 868-5320, Including library services & resources availble for use. An Unlawful Detainer action is a special court proceeding. An unlawful detainer lawsuit is a suit brought by a landlord to obtain possession of the rented property and receive payment of back rent. 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. Landlords | Superior Court of California | County of Kern Toggle navigation MENU. Look at the list of other places to get help below. 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). A Covid declaration is only required for evictions based on nonpayment of rent, but some courts are requiring Covid declarations for all evictions. California Courts | Self Help Guide Declaration for Default Judgment by Court (Unlawful DetainerCiv. If you have a friend willing to serve papers for you, we can give them instructions as to how to do it. We require the bond to explicitly state the effective and expiration dates. #z< !B lj Z,adxq_{='UE5r|*h +Z434as6WVhxr Home; About Us; Services. According to the court, due to the . 17780 Arrow Boulevard, 2nd Floor They have moved to 400 Truxtun Ave #203, Bakersfield, CA 93301. The Center is located at the Kern County Superior Court, Metropolitan Division, 1415 Truxtun Ave., in Bakersfield on the Third Floor. Barstow, CA 92311 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 bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. We do pay the cost of electronic filing. Highly recommend Fresh Start Law Center to anyone needing this type of assistance. Unlawful Detainer Trial Practice Outline Declaration for Default Judgment by Court (Unlawful DetainerCiv. Proc KERN COUNTY AUDITOR-CONTROLLER-COUNTY CLERK January 1, 2016 . 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. This website is using a security service to protect itself from online attacks. In order to legally evict a tenant (remove and lock the tenant out of the property), the landlord must file an unlawful detainer lawsuit. The Sheriffs cost for the eviction may be added to the judgment, which the landlord can collect from you. An Unlawful Detainer decides if the landlord can take the property back from the tenant. It is a legal way to evict someone from the place where they live or work. Call us now to get them out. An unlawful detainer is only for possession of the property, but not for recovery of monetary damages. Unlawful Detainer Assistant registration is required in each county where the services are performed. Unlawful Detainer Case Search - Kern County Superior Courts Only the Sheriff can evict someone. 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. 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. Information packets are provided in English and Spanish, but please note that all filings in the Superior Court must be in English. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. 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. You will be mailed a Clerks Notice of Trial informing you of the trial date. Free self help assistance is provided by the Court for both landlords and tenants.
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kern county unlawful detainer 2023