This information is intended as a procedural guide
only. You may wish to seek an attorney’s advice.
Any errors in following the strict procedural
requirements may result in having to start over again
and may delay you in obtaining the eviction. If the
tenant files an answer, you may have to represent
yourself in a court or jury trial.
If you are evicting a lodger from the home you own
and reside in, this may not be the procedure for you.
You should seek legal advice as there may be a
quicker and less costly method of eviction.
FILING STEPS
There are several steps. Each step must be
completed and the appropriate time must elapse
before continuing.
NOTICE TO TENANT
Several types of notices are available at office
supply stores. You must choose the appropriate
one for your situation.
Notice must be properly served to the tenant
prior to initiating a case with the Court.
A proof of service then must be completed after
the notice is served.
A copy of the Notice to Pay or Quit and proof of
service must be attached to the complaint.
SUMMONS AND COMPLAINT
1. If you are representing yourself you may file
your Unlawful Detainer Summons, Unlawful
Detainer Complaint, and a Civil Case Cover
Sheet in person at the court of proper venue. Or
if you prefer, you may file your documents
electronically. Filing information and service
providers can be found at www.occourts.org.
2. Pay current filing fee at the time of filing.
3. You are now the plaintiff and the party you sued
becomes the defendant.
If you file electronically, you will receive a copy of
your complaint and issued summons that includes a
case number from your Electronic Filing Service
Provider. The clerk may mail a notice for an Order
to Show Cause Hearing re: Dismissal to you at a
later date if you do not pursue your case.
SERVICE
A copy of the Summons and Unlawful Detainer
Complaint must be served on each defendant. The
person doing the service must complete and file a
separate Proof of Service for each defendant
served. Service may be done by the sheriff, a legal
process server, or someone 18 years of age or older
who is not a party to the action. Check the California
Code of Civil Procedure for more information
regarding service of the summons.
DEFAULT JUDGMENT
Immediate Possession of Property
If the defendant fails to properly respond within the
time allotted on the summons plus any additional
time required depending on the method of service
used, then the clerk will enter a default upon your
filing of a properly executed “Request for Entry of
Default.” To obtain a default judgment you must file
the following forms: Proof of Service, Request for
Entry of Default, Judgment–Unlawful Detainer, and
Application for Writ of Possession, and a Writ of
Possession along with the fee to issue a Writ.
DEFAULT JUDGMENT
For Possession of Property and Money
This type of default judgment can be for the total rent
owed to you after you have obtained possession of
the property or you may choose to have a judgment
for possession and rent owed. This type of
judgment can be done by declaration or by
appearing before a judge at a “Prove-up” hearing.
Find Default Prove-Up calendaring information at
www.occourts.org. There is no fee.
The forms required for a Court Default Judgment for
rent after obtaining possession are: Declaration in
Lieu of Testimony (or a prove-up hearing) and
Judgment.
The forms required for Court Judgment for
Possession and rent, simultaneously, are all of the
above, plus: Proof of Service for each defendant,
Request for Entry of Default, Application for Writ of
Possession, and the Writ of Possession, plus the fee
to issue the Writ.
TRIAL AND JUDGMENT
Once the defendant has filed a written answer,
either party may request a trial date by filing a
Request/Counter-Request to Set Case for Trial. A
trial date is set by the clerk on the earliest date
available within the statutory time; usually within 20
days of filing the request. When requesting a trial
date, either party may request a jury trial. Jury fees
must then be posted with the court at least five (5)
days prior to the trial date.
At the trial, one of several things could happen. If
both parties are present, the case will be tried so be
ready! If only the plaintiff is present and wishes to
proceed, the case may be tried as an uncontested
trial, and it may proceed to judgment based on the
proof you have offered. If, on the other hand, the
defendant is the only party to appear, he or she may
ask to have the case dismissed.
If the court orders judgment for you and requests
that you, the plaintiff, are to prepare the judgment,
you may use the form, Judgment After Trial. Submit
your judgment along with an Application for Writ of
Possession, and the Writ of Possession, plus the fee
to issue a Writ.
SHERIFF INSTRUCTIONS
The Writ of Possession is a court order that directs
the Sheriff to evict the tenant after you have
obtained judgment. Your form instructions for the
Sheriff along with the required fee will need to be
submitted to the Sheriff’s Department along with the
issued writ of possession. Check with the Sheriff for
current fees.
The Sheriff may be contacted at the following
telephone numbers. The correct Sheriff for service
is the one in the venue area of where the property is
located.
Central and North: (714) 569-3700
Harbor-Newport Beach: (949) 476-4820