Calaveras — Unlawful Detainer - Flow Chart

Source: https://sheriff.calaverasgov.us/Portals/Sheriff/Documents/Records%20Civil/Unlawful%20Detainer%20Flow%20Chart.pdf?ver=0qtIsBpb1c9pXu-PLeDrCA%3d%3d

Flow Chart for Unlawful Detainer

Tenant doesn't pay rent. Property owner or
manager serves 3 day Pay or Quit or other TENANT MOVES OUT OR PAYS IF START HERE:
notice such as a 30 day or 60 day Notice to Quit PAYMENT AN OPTION ON NOTICE.
according to the civil or civil procedure code.

Tenant doesn't pay or move out. File:
Summons & Complaint + filing fee. A case # is
assigned and put on all copies of Summons &
Complaint.

Extremely Important !!!
A Status Conference is automatically set for 4
weeks later. THIS IS NOT THE TRIAL
DATE! See your Status Conference Notice for
further information about changing or canceling
this hearing.

Tenant is served Summons & Complaint by TENANT MOVES OUT OR PAYS ALL
Marshal, Process Server, or disinterested 3rd RENTAL FEES. PLAINTIFF FILES
party. PLAINTIFF MAY NOT serve this REQUEST FOR DISMISSAL.
package.

If no Answer filed after 5 days for
personal service (not including
holidays), you file a Request to Defendant files an Answer + filing fee.
Enter Default, the original Summons
and a Proof of Service.

To get the case on calendar, plaintiff files a
Request for Setting. Court date will be set
Default Hearing
within 20 days from date request is filed. All
parties are notified by mail.

Plaintiff may now request a Clerk's Judgment

Plaintiff should have Judgment by (For Possession Only). File forms: Judgment Plaintiff should have Judgment After Trial by Default by Court form ready for by Default by Clerk (Restitution Only), Request Court form ready for the Judge to sign the Judge to sign BEFORE for Entry of Default/Clerk’s Judgment for BEFORE GOING IN TO COURT. GOING IN TO COURT. Restitution of Premises Only, and Declaration of Daily Rental Value.

Plaintiff files a Declaration of Daily Rental Value per
CCP 712.010 with a completed Writ of Execution to the
Clerk to issue. Court fee is $15.00.

Plaintiff takes Writ of If tenant does not move, the levying officer
Execution and levy fees to will then force the Eviction. This may take
local levying officer. from 5 to 7 days.

TENANT MOVES OUT

NOTE: The Sheriff’s Department is not representing this law as current.
It is recommended that you consult an attorney.