Step by Step Guide To Requesting Trial in Your California Eviction

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Step by Step Guide To Requesting Trial in Your California Eviction

If your tenant files an answer in your southern California eviction lawsuit you will have to request a trial date with the court. This guide is to simplify the process for you and help you to fill out the correct paperwork in order to obtain a speedy trial date.

The judicial counsel makes forms that help in requesting trial. The form you will need is UD-150 and can be found on the Court's website by clicking here. I have attached an example of the form filled out with fake names which are Larry Landlord and Tommy Tenant for instructional purposes.

PAGE 1 of the Unlawful Detainer Request to Set Case for Trial

Section 1 of UD-150 Trial Request

In this section Put in your name, address, and telephone number and if you do not have an attorney write where it says an attorney for (name) In Pro Per.

Section 2 is even Easier

Next to where it says Superior Court of California County of putting whatever County your property is in. Then put the street and mailing address of the Courthouse where your eviction has been filed as well as its Branch Name.

In Section 3 write in the Plaintiff's name and Defendants name.

In section 4 check the box requesting a trial for Plaintiff assuming you are the landlord.

Once your past the top four sections the rest of the form has numbers.

Under 1. Plaintiff’s Request. Check the box if the tenant is still in possession of the premises.

Under 2. Trial Preference. Write in where your property is located. Then check box A is possession of the premises has not been restored to you.

Under 3. Jury or nonjury trial check the box that says a nonjury trial if you are a Landlord. A jury trial is generally demanded by tenant's attorneys and require much more skill preparation and work that can be handled by a non-lawyer. Personally, I have never seen a landlord beat a tenant represented by an attorney when the tenant has an attorney.

Under 4. Under Estimated Length check box b, and put in 1 hour or however long you think it will take to argue the case.

Under 5. Trial Date List any dates you are unavailable and why. Even if you fill out this section the court may reject your request.

Under 6. Check the box that states an unlawful detainer did not for compensation give advise or assistant with this form.

At the bottom of page 1, you have to sign under penalty of perjury that the foregoing is true and correct. (Make sure it is).

PAGE 2 of the Unlawful Detainer Request to Set Case For Trial

Page 2 of the request/counter-request to set the case for trial – Unlawful Detainer starts with a proof of service by mail.

Have SOMEONE ELSE who is over the age of 18 and not a party to the eviction action put in their address at number 2 at the beginning of the page.

Under 3(a) check the box that the request was deposited in the United States Mail Postage Prepaid.

In 3(c)1-2 write down the date mailed and where it was mailed from.

Then have whoever mailed a copy of the form (which you will need to make2 copies of) and sign the proof of service.

Under the part of the form entitled Name and Address Of Each Person To Whom Notice Was Mailed write in the name of the Tenant and the address you mailed them the request for trial. Note that if the tenant has an attorney you will most likely need one too and this form should be mailed to your tenant's attorney and not the tenant.

Once the form is completed take the original to the courthouse, have them stamp a copy for your records, and make sure whoever you had sign the declaration on the proof of service mail a copy to your tenant or their attorney.

Once this has been completed you should get a trial date in the mail. The trial by law should be set no more than 20 days from your initial request.

Please feel free to leave a comment below.

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