We can be reached by phone (661) 873-4415. Monetary damages may be recovered after control of the property is taken. The bond must cover the two-year registration period. This means the Sheriff can physically make the tenant leave. Please click on the link below for the appropriate LDA packet. It is important that you put your criminal expungement case in good hands that you can trust. 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. We take pride in offering affordable pricing to our clients. 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 103.190.54.21 % An award for possession of property authorizes the landlord to evict you from the property. That is why you may need an Unlawful Detainer. The person served must be given reasonable notice of the date and time of the trial. 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. According to the court, due to the . An Unlawful Detainer action is a special court proceeding. This link contains news and information for both landlords and tenants. No matter how meritless the claims are, the court will still consider them. -a1?@xK 1erIQMdzZ5I}KxDEkfUXVk~`Y2vXD@0fE;MXp6P~}KWpeZ;`i"`Er0J,g%awU#T5jf INSTRUCTIONS TO SHERIFF OF THE COUNTY OF KERN Author: jacquez Created Date: 6/1/2018 7:52:59 AM . Evictions in Delano are filed in the Delano courthouse at 1122 Jefferson Street, as are evictions in McFarland, Jasmin, Pond, Earlimart, and Richgrove. We cannot represent you in Court and we do not provide any legal advice. They did everything they promised, on time and with wonderful customer service. 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. 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. If you have a friend willing to serve papers for you, we can give them instructions as to how to do it. In general, the defendant cannot file a cross complaint (counter-sue). 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. An Unlawful Detainer decides if the landlord can take the property back from the tenant. Have each Defendant served with a copy of the filed forms. Proc. Free self help assistance is provided by the Court for both landlords and tenants. An unlawful detainer is only for possession of the property, but not for recovery of monetary damages. "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 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. `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. 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. A valid photo identification issued by the government (established by a birth certificate, a drivers license or passport). Only the Sheriff can evict someone. Information packets are provided in English and Spanish, but please note that all filings in the Superior Court must be in English. Tenants sometimes file motions, demurrers, or other pleadings that delay the eviction process, even if the pleadings are without merit. We have seen every type of expungement case, and we specialize in this unique area of California law. Both parties have a right to request a jury trial. An original bond is required for the primary county in which you are applying for registration. An unlawful detainer is only for possession of the property, but not for recovery of monetary damages. Usually, the defendant has 5 days to file a response. Tell us what you think about the new website. endobj 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. Usually, the defendant has 5 days to file a response. Kern County has multiple court locations. Arrive early as there is always a high demand for services. . Additional, lost or stolen replacement cards are $10 each. The tenant is the defendant. endobj Fontana, CA 92335 Please enable JavaScript before you proceed. Landlords and tenants can have disagreements. All Rights Reserved. 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. 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. This application requires JavaScript, which is currently disabled in your browser. The Covid rules are confusing and contradictory, and the courts appear to heavily favor the tenants. . 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. 5 Stars!!! 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 . Founding Attorney, Fresh Start Law Center. *,X&BzB 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. 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 I am very pleased! This section does not talk about everything a landlord and tenant may disagree about. Professional preparation of unlawful detainer summons and complaint and supporting documents by Registered Legal Document Assistant. The subpoena must be personally served. 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. The bond must cover the two-year registration period. Subsequent filings for default judgment trial setting and sheriff lockout, if necessary. Proc., 525(d)) Judicial Council Form UD-116 Accordingly, the Court recommends the action be REMANDED to Kern County Superior Court. Look at the list of other places to get help below. If the landlord fails to appear for a scheduled trial, the court may dismiss the case without any further action. These are some of the recent problems we have experienced. An Unlawful Detainer decides if the landlord can take the property back from the tenant. Temporary restrictions due to Covid-19 may hamper or delay an eviction. 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. Get form UD-116 Effective: July 1, 2003 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, 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. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. Evictions in Ridgecrest are filed in the Ridgecrest courthouse at 132 E Coso Avenue, as are evictions in China Lake, Indian Wells, and Inyokern. We do pay the cost of electronic filing. A certified copy of the original bond must be submitted in each additional county in which you apply for registration. You can have a trial 20 days after that. The statutory Covid declaration has a date on the top of it reflecting when the moratorium was passed or extended. We are a Kern County eviction service headquartered in Bakersfield, but we assist with evictions throughout California. It mainly talks about who has the right to live at the property. There are costs to subpoena each witness, including witnesses mileage to and from the trial location, and you must pay these costs. Instead of writing certain information over and over, these forms will know where to put that information on the forms for you. Sincerely,David Huffman, Esq. <> You cannot evict someone yourself without going through the proper steps. Most of our expungement cases are completed in just 6-12 weeks, meaning you can quickly move forward with you life. Kern Evictions We are Kern Eviction. Cloudflare Ray ID: 7c0734b6ea5ca075 Mailing Address KCSO Civil Section P.O.Box 80786 Bakersfield, CA 93380 Email: Civil@kernsheriff.org Public Hours of Operation 8:00 a.m. - 5:00 p.m. Monday - Friday, excluding holidays If you are served with an unlawful detainer complaint, the complaint will show the court location where you should file your response. Click to reveal There are packets available in English and Spanish, but please note that all court filings must be in English. 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. Because an action for unlawful detainer arises under California law, the Court lacks subject matter jurisdiction over the complaint. This allows us to give our clients highly specialized legal assistance at the absolute lowest fixed prices (we guarantee our prices are the lowest). 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. 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. 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. It is a legal way to evict someone from the place where they live or work. 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. The judgment may include the landlords court costs and attorney fees plus any proven damages. 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. ` KERN COUNTY AUDITOR-CONTROLLER-COUNTY CLERK January 1, 2016 . The renter uses the property to do something illegal, such as sell drugs. 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. 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. 1 0 obj Evictions in Shafter and evictions in Wasco and Palmo are filed in the Shafter courthouse at 325 Central Valley Hwy. Disagreement has to be about the tenant moving out The registration application can be downloaded, completed and brought into the County Clerk's Office located at: Kern County Administrative Building 1115 Truxtun Avenue, 1st Floor Bakersfield, CA 93301 Call Now Toll-Free 800-916-1228 100% FREE Attorney Consultation. 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. Mr. Huffman was a joy to work with. "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 These are some of the recent problems we have experienced. A landlord can generally evict a tenant if one or more of the following is true: The renter fails to pay rent on time. 2023 @ kclawlib.org All rights reserved, The range of digital services available with the Kern Law Library, Learn about the various resources we have available here at the Kern Law Library, Access to NOLO Online - an extensive library of free legal articles, Adding or Changing Names on Real Property, California State University Bakersfield Externs, Board of Trustees Meeting of April 12, 2023, Board of Trustees Meeting of March 8, 2023, Board of Trustees Meeting of February 8, 2023, Board of Trustees Meeting of January 11, 2023, Board of Trustees Meeting of December 14, 2022. You should bring copies and the Court Clerk will conform them. 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. 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. If necessary, the registration period will be shortened to coincide with the date the bond expires. Professional process service of the initial notices. Payments can be made here. Filing an appeal does not automatically suspend or delay enforcement of the judgment. In addition, the court may also enter a money judgment for the landlord and against the tenant. We can answer your questions about the law and procedures. Some courts believe Yes means that the tenant is in temporary housing, and some believe that No means the tenant is in temporary housing. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. For the most current news on the subject of how Covid-19 has impacted the subject of Unlawful Detainers, please clickhere. 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. The Sheriff can enforce this judgment. Unlawful Detainer Assistant registration is required in each county where the services are performed. Fresh Start Law Center is one of the few law firms in California that focuses solely on record clearing laws in California. There is no reason to let your criminal history hold you back any longer, sign up today and forget your past and embrace your future. :Gg7 %PDF-1.5 Professional Process Service of initial court filing to all tenants, including prejudgment claim of right to possession. Evictions are generally filed in the closest courthouse to the location of the property. The application for Waiver for Court Fees and Costs form may be obtained from the clerks office. Electronic filing of unlawful detainer case documents. You can email the site owner to let them know you were blocked. Management of eviction case all the way through sheriff lockout. The Center is located at the Kern County Superior Court, Metropolitan Division, 1415 Truxtun Ave., in Bakersfield on the Third Floor. There are, therefore, multiple contradictory Covid notifications. There is no trial if you do not file a written response to the unlawful detainer complaint. Performance & security by Cloudflare. Some courts have required that every notification be served. The fact is that a good majority of private employers in Kern County are conducting criminal background checks on applicants today, making it extremely difficult to find a job if you have a criminal record. To be clear: LTAC is not able to provide you with legal advice only information. 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! 2010-2023 Fresh Start Law Center, PC - A Professional Corporation. The renter damages the property, such as breaking out windows. This sometimes includes closely held corporations, such as a husband and wife L.L.C. Most courts allow a three day notice when the tenant is damaging the property. 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. (661) 873-4415. he Covid rules are confusing and contradictory, and the courts appear to heavily favor the tenants. These issues are completely beyond our control, and there is nothing we (or anyone else) can do to prevent these issues. In general, the defendant cannot file a cross complaint (counter-sue). Inland County Legal Services Rancho Cucamonga: (909) 980-0982 800 . 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 specialize in clearing up your entire criminal record, and we provide discounted pricing for multiple expungement cases. Eviction cases are called "Unlawful Detainer" cases. 415.45 Page 1 of 2 For Optional Use CV-667 Rev. If a tenant fails to appear for a scheduled trial, the court will proceed by default and may render a judgment for the landlord. We can also provide the forms for you. 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. 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. Using these smart forms can save you time and frustration. The forms also contain instructions to help you fill them out. Additional, lost or stolen replacement cards are $10 each. We provide our specialized criminal expungement legal services throughout the entire state of California. 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. 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. Call us now to get them out. A certified copy of the original bond must be submitted in each additional county in which you apply for registration. PJ6\Y1{n9{xRFR= ComplaintUnlawful Detainer SummonsUnlawful DetainerEviction File these forms with the Court Clerk. Currently Kern County consists of 11 cities in total, and our record clearing services are available to everybody in all 11 cities. Barstow, CA 92311 There is usually only one appearance per case. The action you just performed triggered the security solution. : Kern County has the distinction of being the 13th largest county in California, and is located in California's Central Valley. The renter becomes a serious nuisance by disturbing other tenants and neighbors. 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`} 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.. We prepare papers quickly and accurately, but this does not mean that there wont be problems. It is against the law. After the Sheriff posts the notice, you have 5 days to move. This generally includes McKittrick, Derby Acres, Valley Acres, New Cuyama, San Emidio, Lebec, and Maricopa. 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. The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. +yZOOZ.r:Z:|,X?eHDDI^>~"*i54O?>=::Dj1d5 We do not, will not, and cannot represent you in court. 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. David Huffman and his team are top notch. Emergency Rule 1 expired on September 1. The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. 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. 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. It is a legal way to evict someone from the place where they live or work. Do you have multiple cases? This link contains news and information for both landlords and tenants. This judgment allows the landlord to obtain possession of the property. The Sheriff will post a Notice to Vacate the property before enforcing the Writ of Possession. A copy of the supplemental cover sheet is available here. 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. Statements of Economic Interests (Form 700) for Designated Local Officers, Certificate of Authority for Admitted Sureties, Corporation or Partnership LDA Checklist & Application. BAKERSFIELD, Calif. (KGET) The Kern County Superior Court has announced changes for how unlawful detainer cases will be processed. (CCP 262) . 2iZ8.fg(gg1Syx{ 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 offer a huge variety of criminal expungement legal services to all Kern residents.
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