When to go to Superior Court for unlawful detainer?

The Court will designate a case as an “unlawful detainer case” when the complaint is filed if 1) the caption alleges unlawful detainer, forcible entry or forcible detainer, and 2) the prayer seeks restitution of possession of real property. All unlawful detainer cases must be filed in the Downtown Superior Court.

What happens if possession of premises is surrendered before trial?

If possession of the premises is surrendered to the plaintiff before trial, the case will proceed as an unlawful detainer case unless one of the parties files a motion for leave to file a pleading that will convert the case to an ordinary civil action.

Can a court dismiss a UD action in California?

Additionally, under this same bill, new California Code of Civil Procedure 1167.1 will allow a court to dismiss a UD action without prejudice, if a proof of service of the summons has not been filed within 60 days after the complaint is filed.

When to dismiss a civil case in California?

If a Request/Counter-Request to Set Case for Trial is not filed within 60 days of the filing of the Complaint, the Court may dismiss the action on its own motion without further notice.

When to file an unlawful detainer in court?

Eviction (Unlawful Detainer) In an Eviction (Unlawful Detainer) case, a plaintiff must serve a Notice to Pay Rent or Quit on the tenant before the complaint is filed. The plaintiff may file an eviction (unlawful detainer) complaint if the tenant refuses to comply with the notice, and does not either pay the rent or quit the premises.

How does an eviction work in civil court?

An Eviction (Unlawful Detainer) is a civil case brought by a landlord/owner who is suing a tenant to obtain a court order giving the landlord/owner the right to regain possession of the property from the tenant. In an Eviction (Unlawful Detainer) case, a plaintiff must serve a Notice to Pay Rent or Quit on the tenant before the complaint is filed.

Additionally, under this same bill, new California Code of Civil Procedure 1167.1 will allow a court to dismiss a UD action without prejudice, if a proof of service of the summons has not been filed within 60 days after the complaint is filed.

If possession of the premises is surrendered to the plaintiff before trial, the case will proceed as an unlawful detainer case unless one of the parties files a motion for leave to file a pleading that will convert the case to an ordinary civil action.