Re: Unlawful detainer

Your filing date doesn't control. Your ability to get a trial date set depends upon your completing service of process.

You can request a trial date after you have served the summons and complaint and the tenant(s) have appeared (by filing an answer) or have had their defaults taken or been dismissed. In most courts, this is done by completing, filing and serving Judicial Council Form UD-150, which if you study it should be self-explanatory. A few courts may have additional or different requirements.

Judicial Council forms are available to be viewed and filled in on line at www.courtinfo.ca.gov/forms. I suggest that you look at all the Unlawful Detainer forms - those with form numbers beginning with UD - for a better appreciation of the mechanics of handling an unlawful detainer. For example, at the end of the process, if you win at trial, you'll probably want to have several copies of a completed Form UD-110 ready for the judge to sign, and while I don't practice in this area, I'm pretty sure you need to give the sheriff a Writ of Possession on Judicial Council Form EJ-130, which you prepare but hand to the clerk to "issue" for you after trial. If you are terminating a lease early, you may have to wait five days for your writ. If you are seeking a money judgment as well as possession, you may need to prepare an EJ-150 as well.

This answer does not pretend to be a comprehensive beginners guide to doing unlawful detainers. It is only a brief mention by a non-expert of some factors that may affect the timing of events.

Re: Unlawful detainer

Your filing date doesn't control. Your ability to get a trial date set depends upon your completing service of process.

You can request a trial date after you have served the summons and complaint and the tenant(s) have appeared (by filing an answer) or have had their defaults taken or been dismissed. In most courts, this is done by completing, filing and serving Judicial Council Form UD-150, which if you study it should be self-explanatory. A few courts may have additional or different requirements.

Judicial Council forms are available to be viewed and filled in on line at www.courtinfo.ca.gov/forms. I suggest that you look at all the Unlawful Detainer forms - those with form numbers beginning with UD - for a better appreciation of the mechanics of handling an unlawful detainer. For example, at the end of the process, if you win at trial, you'll probably want to have several copies of a completed Form UD-110 ready for the judge to sign, and while I don't practice in this area, I'm pretty sure you need to give the sheriff a Writ of Possession on Judicial Council Form EJ-130, which you prepare but hand to the clerk to "issue" for you after trial. If you are terminating a lease early, you may have to wait five days for your writ. If you are seeking a money judgment as well as possession, you may need to prepare an EJ-150 as well.

This answer does not pretend to be a comprehensive beginners guide to doing unlawful detainers. It is only a brief mention by a non-expert of some factors that may affect the timing of events.