Free SUPERIOR COURT OF CALIFORNIA - California

SUPERIOR COURT OF CALIFORNIA, COUNTY OF YUBA 215 FIFTH STREET, SUITE 200, MARYSVILLE, CA 95901 (530) 749-7600

THE EVICTION PROCESS
All Evictions Begin With a Notice (Usually a 3-Day or 30-Day Notice)

When the Notice Time Expires, a Court Case Called an "Unlawful Detainer" Is Filed

Each Defendant Must Be Served With a Copy of the Complaint

Each Defendant Has 5 Days From the Date He/She Received the Complaint to File an Answer (More Time If Not Personally Served)

Tenant Doesn't Answer

Tenant Answers

Default Entered Day 6 Requests Court Date Court Clerk Enters Judgment In Favor of Plaintiff

Trial Date In About 20 Days Landlord Wins Judgment Landlord Loses

Writ Issued; Sheriff Posts the "5-Day to Vacate Notice"

Sheriff Returns Possession of the Premises with the "Lockout"

Writ Issued; Sheriff Posts "5-Day to Vacate Notice" Sheriff Returns Possession of the Premises with the "Lockout"

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7/01/03

INSTRUCTIONS FOR FILING UNLAWFUL DETAINER ACTIONS
(The Eviction Process)

UD03001

SUPERIOR COURT OF CALIFORNIA, COUNTY OF YUBA 215 FIFTH STREET, SUITE 200, MARYSVILLE, CA 95901 (530) 749-7600
1. Civil filing fee schedule in the Superior Court, County of Yuba. $109.30 under $10,000.00 demand of complaint. $117.00 over $10,000.00 demand of complaint. Civil Case Cover Sheet Submit to the Court: the original, PLUS one copy for your records. Complaint ­ Unlawful Detainer Submit to the Court: the original PLUS two copies (one copy for your records and a copy to serve on the defendant.) If there is more than one defendant, you should make additional photocopies from one of the copies returned to you by the Court. Attach to the Complaint (the original and all copies) photocopies of the rental agreement (if there is one), the 3-day or 30-day Notice, and the original Proof of Service of the Notice. Summons ­ Unlawful Detainer Submit to the Court: the original PLUS two copies (one copy for your records and a copy to serve on the defendant.) If there is more than one defendant, you should make additional photocopies from one of the copies returned to you by the Court. Prejudgment Claim ­ Right to Possession If there are persons living in the house whose names you do not know, you can also have them served with the unlawful detainer complaint by filing a Prejudgment Claim to Right of Possession. This document MUST be served by a Marshall, Sheriff or registered process server [CCP § 415.46]. Request for Entry of Default Submit to the Court: the original PLUS two copies (one copy for your records and a copy to serve on the defendant.) This must be filed before your judgment can be entered. Judgment by Default by Clerk/Court ­ Unlawful Detainer Submit to the Court: the original PLUS two copies (one copy for your records and a copy to serve on the defendant.) Writ of Execution/Possession Submit to the Court: the original PLUS two copies (one copy for your records and a copy to serve on the defendant.) At-Issue Memorandum ­ Unlawful Detainer Submit to the Court: the original At-Issue Memorandum, the original Summons and Proof(s) of Service of the Complaint, PLUS one copy of the At-Issue Memorandum for each answering Defendant, PLUS a copy for your records. The court date will be set within 20 days per statue. All cases are set for a settlement conference and court trial to be heard on the same day. Declaration/Memorandum for Default Judgment ­ Unlawful Detainer If, after the plaintiff has possession of the property and has inspected the property, he/she desires to obtain a money judgment against the defendant(s), a Declaration/Memorandum for Default Judgment and proposed Judgment should be submitted to the Court. Submit the original document PLUS two copies (one copy for your records and a copy to serve on the defendant.) Judgment after Trial by Court Submit to the Court: the original PLUS two copies (one copy for your records and a copy to serve on the defendant.) Memorandum of Credits Accrued Interest and Costs After Judgment Submit to the Court: the original PLUS two copies (one copy for your records and a copy to serve on the defendant.) Request for Dismissal ­ Unlawful Detainer Submit to the Court: the original Request for Dismissal and Notice of Entry of Dismissal (with Proof of Service completed), PLUS one copy for each defendant, PLUS a copy for your records.
The California Rules of Court require that all original documents filed with the Court must be two-hole punched on the top of the documents.

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NOTE: Additional information and applicable forms are available on the following website: www.yubacourts.org.

_________________________________________________________________________________________________
7/01/03

INSTRUCTIONS FOR FILING UNLAWFUL DETAINER ACTIONS
(The Eviction Process)

UD03001