Unlawful Detainer Complaint Packet Information Form. This is a California form and can be use in San Diego Local County.
Tags: Unlawful Detainer Complaint Packet Information, CIV-240, California Local County, San Diego
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, HALL OF JUSTICE, 330 W. BROADWAY, SAN DIEGO, CA 92101 NORTH COUNTY DIVISION, 325 S. MELROSE DR., VISTA, CA 92081 UNLAWFUL DETAINER COMPLAINT PACKET INFORMATION An unlawful detainer is a lawsuit in which a landlord tries to evict a tenant because according to the landlord, the tenant no longer has the right to live on the property. This is also called an eviction. This packet contains the forms that may be used in an unlawful detainer matter and a brief description of the steps involved in the process. Please be advised that court employees may not give legal advice. It is recommended that you seek legal advice or do your own legal research if you are not familiar with this legal process. Additional information is available on the Superior Court's website, www.sdcourt.ca.gov, and the Judicial Council's self-help website, www.courts.ca.gov/selfhelp-housing.htm. READ ALL INSTRUCTIONS CAREFULLY BEFORE FILLING OUT ANY FORMS KEY TERMS & DEFINITIONS TERM Complaint Plaintiff Defendant Answer Service Default Judgment Writ DEFINITION The lawsuit filed in the court. The party that initiates the lawsuit and files the complaint. The party or person sued in the lawsuit that may respond to the complaint. A written pleading filed by the defendant in response to the complaint. The delivery of copies of legal documents to the opposing party or other person to whom the documents are directed. Failure of a party to respond to a lawsuit, or to follow proper procedure to prevent entry of a judgment against them. The official decision of the court stating which party won and the terms of the decision. A court order authorizing the Sheriff to enforce and satisfy the judgment by levying on real or personal property. The fee required to file an Unlawful Detainer lawsuit is based on the amount of money in controversy. FEES The Complaint fee is broken down as follows: o Amount demanded is $10,000 or LESS o Amount demanded is OVER $10,000 but does not exceed $25,000 o Amount demanded is OVER $25,000 To determine the amount of the fee, refer to the current version of the Fee Schedule (SDSC Form #ADM-001), available on the Superior Court's website at www.sdcourt.ca.gov. In addition to the initial filing fee for the complaint, there may be other fees you will pay throughout the life of the case for filings such as motions or issuing a writ. WHAT IF I CANNOT AFFORD THE COURT FEES? If you think you cannot afford to pay the court fees, refer to the Information Sheet on Waiver of Superior Court Fees and Costs (JC Form #FW-001-INFO). If you feel that you may qualify for a waiver according to the guidelines, complete the Request to Waive Court Fees (JC Form #FW-001) and Order on Court Fee Waiver (JC Form #FW-003), also known as a "fee waiver." These forms are available in the clerk's office or on the Judicial Council website, www.courts.ca.gov/forms.htm. SDSC CIV-240 (Rev. 11/12) UNLAWFUL DETAINER COMPLAINT PACKET INFORMATION Page 1 of 3 American LegalNet, Inc. www.FormsWorkFlow.com COURT PROCESS STEP Filing the Complaint ACTION Complete one of each of the following: 1. Complaint Unlawful Detainer (JC Form #UD-100) Check the boxes that describe your case. Pursuant to Code Civ. Proc. § 1166, actions filed involving residential property must include the following exhibits attached to the complaint: A copy of the 3-Day, 30-Day, or 60-Day Notice, or Notices of Termination served on the defendant upon which the complaint is based. A copy of any written lease or rental agreement, including any addenda or attachments regarding the premises, unless the action is based on: o An oral contract (item #6b on the complaint form), and/or o The action is solely for nonpayment of rent (item #6f(2) on the complaint form) 2. Summons Unlawful Detainer (JC Form #SUM-130) All defendants must be listed on the summons exactly as they are listed on the complaint. 3. Civil Case Cover Sheet (JC Form #CM-010) Check the boxes that best describe your case. Present your completed documents and the proper filing fee to the appropriate civil business office to get a case number. The court will keep the original documents and conform one copy you provide. After you file your case, you will need to make additional copies for service if you have multiple defendants, or wish to keep a copy for your records. Service on the Defendant Once you have filed your case with the court, each defendant must be served with a copy of the complaint and summons. Service may be performed by a registered process server, or any person over the age of 18 years who is not a party to the action. The original Proof of Service (JC Form #POS-010) must be filed with the court after service on the defendant(s) is completed. Answer by Defendant If the defendant files an Answer to your complaint, the case must be set for trial. To request a trial date you must: 1. Complete a Request/Counter-Request To Set Case For Trial-Unlawful Detainer (JC Form #UD-150). 2. Prepare the original and one copy to be mailed to each defendant who has filed an answer. 3. A copy must be mailed to each answering defendant by someone not a party to the lawsuit. The person doing the mailing must complete the Proof of Service by Mail on the back of the form. 4. Submit the original to the clerk for processing. The Proof of Service by Mail must be completed on the back of the form before filing with the clerk. 5. If you want a copy returned to you, submit a copy along with the original and a self-addressed stamped envelope to the clerk for processing. All parties will be notified by mail of the trial date and time. Trial dates will be set within 20 days from the date the Request/Counter-Request To Set Case For TrialUnlawful Detainer (JC Form #UD-150) is filed. Before a case can be set for trial, all defendants in the case must have filed an answer, or been dismissed or defaulted by you (the plaintiff). SDSC CIV-240 (Rev. 11/12) UNLAWFUL DETAINER COMPLAINT PACKET INFORMATION Page 2 of 3 American LegalNet, Inc. www.FormsWorkFlow.com COURT PROCESS, cont. STEP Judgment After Trial ACTION, cont. The party that prevails at the trial must prepare the judgment form. Complete judgment form (JC Form #UD-110) Submit a Memorandum of Costs (JC Form #MC-010), if not previously submitted. This form is required if costs were claimed and awarded in the judgment. If the defendant does NOT file an Answer to the complaint after being served, you may req