How does the eviction process work in California?  What steps can be taken to delay an eviction, and mitigate the effects of the eviction process?

All eviction cases are based on non-compliance with a Notice that was issued on the tenant by the property owner.  If the property owner alleges that there is a violation of the rental agreement, or they terminate the tenancy for a reason that falls under the civil code (such as intending to remove the property from the rental market or totally renovate the property), or a balance of rent has become overdue, then the property owner will issue a Notice to Perform Covenant or Quit, a Notice to Quit, a Thirty or Sixty Day Notice to Quit, or a Three Day Notice to Pay Rent or Quit.

If the Notice is not complied with, and the Notice then becomes expired the property owner may file an Unlawful Detainer Complaint.  An Unlawful Detainer Complaint is the legal term for the formal court filed eviction lawsuit.

When the property owner or their attorney files the unlawful detainer complaint the court issues a letter to the residence addressed on the unlawful detainer complaint to notify the occupants that an unlawful detainer has become filed.  This letter is referred to as the Clerk’s Notice of Unlawful Detainer Filing.

After the Unlawful Detainer is filed the plaintiff must serve the tenant with an Unlawful Detainer Summons and Complaint.  After the tenant is served with the Unlawful Detainer Summons and Complaint they typically have 5 days to file a responsive pleading at the courthouse where the case was filed.  If the tenant does not file a responsive pleading within 5 days after receiving service of the Unlawful Detainer Summons and Complaint the property owner may submit a Request for Default Judgment that will be followed by a Sheriff’s Lockout taking place at the property.

If the tenant receives the Notice of Unlawful Detainer Filing in the mail but they are not served with the unlawful detainer summons and complaint within a reasonable period of time the tenant may consider taking the Notice of Unlawful Detainer Filing to the courthouse addressed at the top of the notice.  At the courthouse the tenant may present the notice to a clerk at the civil filing window to request that the court clerk provide them with a copy of the Unlawful Detainer Complaint.  The information within the Unlawful Detainer Complaint will be necessary to prepare the tenant’s responsive pleading for filing at court.

There are occasionally circumstances where the process server who is hired by the property owner to serve the Unlawful Detainer Summons and Complaint on the tenant claims that they served the tenant when they, in fact, did not.  If the process server incorrectly claims that the Unlawful Detainer Summons and Complaint was served on the tenant the plaintiff may file an erroneous proof of service with a Request for Entry of Default judgment 5 days after the process server claims that they served the tenant.  If this happens the tenant may be able to file a Motion to Set Aside Judgment due to Legal Mistake in order to re-open the case.  However, it is best to avoid a judgment for eviction from being entered.  To avoid any possible risk of a default judgment becoming entered; instead of waiting for a process server to serve the tenant with the Unlawful Detainer Summons and Complaint the tenant may consider visiting the courthouse nearest to their residence to gather a copy of the Unlawful Detainer Summons and Complaint if they are aware that the eviction has been filed.

If the tenant files a responsive pleading within 5 days of receiving the unlawful detainer summons and complaint the property owner may not submit a request for default judgment or secure a lockout.  The type of responsive pleading that the tenant files will determine the time frame of the eviction lawsuit. 

If the tenant intends to delay their eviction as long as possible they may consider filing a Motion for Demurrer as their initial responsive pleading to the Unlawful Detainer Complaint.  The filing of a Motion for Demurrer will prevent entry of default judgment from becoming entered against the tenant, and also and secure a hearing, instead of a trial.  The hearing typically takes place 5 weeks after the filing of the Motion for Demurrer is filed.  If the Motion for Demurrer is overruled the Judge will usually order that the defendant file an Answer to the Unlawful Detainer Complaint within 5 calendar days from the date of the hearing

After the tenant files the Answer to the Unlawful Detainer Complaint the plaintiff will, several days later, submit a Request to Set the Case for Trial.  The court clerk will schedule the soonest available date for the trial after receiving the Plaintiffs Request to Set the Case for Trial.  Trial may be scheduled to take place 3 to 6 weeks after processing the request.

In general; there are 3 common methods by which to resolve an Unlawful Detainer/ Eviction Case:

1.      The parties may come to a settlement agreement in the form of a Stipulation for Entry of Judgment.  A Stipulation for Entry of Judgment is a formal Settlement Agreement signed by both parties that is filed with the court to resolve the eviction.

2.      The tenant/ Defendant may raise whatever affirmative defenses that may be applicable to their case at the Unlawful Detainer Trial.  If the tenant prevails the case is dismissed and the tenant may continue their tenancy.

3.      If the tenant vacates the property before the date of the Unlawful Detainer Trial, and then attends the trial to confirm to the judge that the tenant previously vacated the property the judge will dismiss the case or convert the case to an ordinary civil suit. 

If you have questions related to the above information, or if you are interested in seeking our help to prepare and file a Motion for Demurrer or an Answer to the Unlawful Detainer Complaint please call our office at (951) 316-0717