Source: https://www.tulare.courts.ca.gov/system/files/forms-and-filings/ud-complaint-03-20-2026.pdf

Sparse pages use OCR; original PDF remains authoritative.

www.tulare.courts.ca.gov (559) 730-5000

UNLAWFUL DETAINER (EVICTION):
COMPLAINT

Forms included in this packet:

CM-010 Civil Case Cover Sheet

COMPLETE SUM-130 Summons – Eviction & FILE UD-100 Complaint – Unlawful Detainer

UD-105 Answer – Unlawful Detainer SERVE

(leave blank) CP 10.5 Prejudgment Claim of Right to Possession (optional)

FILE AFTER POS-010 Proof of Service of Summons SERVICE

For a list of legal packets and samples, scan the QR code below, or visit:

https://www.tulare.courts.ca.gov/forms-filing/local-forms-information-filing-instructions

Revised 03/20/2026 Unlawful Detainer: Complaint Page 1 of 5

Unlawful Detainer (Eviction): Complaint

Completing Forms:

• California Court forms: Fillable, printable PDF versions of the forms referenced in this
packet are available at the California Court website. For details, visit:
https://courts.ca.gov/rules-forms/find-your-court-forms
• LawHelp Interactive: A free resource that assists litigants with completing legal forms
through a series of guided interview questions. For details, visit:
https://lawhelpinteractive.org/Interview/GenerateInterview/7184/engine
• Legal packets and samples: The Tulare County Superior Court‘s website offers many
packets and samples. Visit the link on page 1 (or scan the QR code).

Self-Help Resource Center:

If you do not have an attorney representing you, free procedural assistance is available.

Contact the Self-Help Resource Center (SHRC), also known as the Office of the Family Law Facilitator. SHRC staff will provide instructions on how to complete forms, how to serve the other party, and can answer procedural questions. However, SHRC staff CANNOT complete your forms for you, provide legal advice, or represent you in court. The SHRC can be reached at (559) 737- 5500 and selfhelp@tulare.courts.ca.gov, and offices are located at:

County Civic Center South County Justice Center
221 S. Mooney Blvd., Room 203 300 E. Olive Ave.
Visalia, CA 93291 Porterville, CA 93257

Other Resources:

If you have further questions or concerns, consult with an attorney or use the assistance of

a paralegal or typing service. You may also conduct research on your legal issue and find additional information at:

• California Courts’ Self-Help website: https://selfhelp.courts.ca.gov/
• Tulare County Law Library: https://tularecounty.ca.gov/lawlibrary/
• Sacramento County Public Law Library: https://saclaw.org/
• Central California Legal Services (CCLS): https://centralcallegal.org/
o CCLS provides free legal assistance on landlord-tenant matters for parties who
meet certain financial criteria.
• California Rural Legal Assistance (CRLA): https://crla.org/
o CRLA is a nonprofit law firm that provides free civil legal services to low-income
residents of California's rural counties.
• Office of The Attorney General: https://oag.ca.gov/tenants

Revised 03/20/2026 Unlawful Detainer: Complaint Page 2 of 5

INSTRUCTIONS

This informational guide explains the process of starting an eviction case. It includes the

forms required to submit to the Clerk of Court, plus an eviction flow chart, which shows the various steps in an eviction case. A list of resources, plus links to the court forms referenced in this packet, are found on page 2. As a landlord, it is important to understand and uphold the protections available to California renters. Review the California Attorney General’s landlord- tenant webpage, which has up-to-date information that can help you prevent legal violations. Read this packet in its entirety before you begin completing forms.

STEP 1: WRITTEN NOTICE

If you are having a problem with a tenant or want them to move out for a legal reason, you

must provide them with a written notice before you start an eviction case. The notice is a warning that you’ll start a court case if the tenant doesn't move out or fix the problem. The type of notice depends on the circumstances of your case. Review the attached Types of Eviction Notices chart to determine which notice is needed for your circumstances. Notices are not court forms, but samples may be found on-line or by visiting the Self-Help Resource Center. Once you’ve identified the appropriate notice, deliver it to the tenant. Someone age 18 or older, including the landlord, can deliver the notice. Delivery can be done in three ways:

• Hand delivery: Give the notice to your tenant in person. • Leave and mail: Leave the notice with another adult at your tenant’s home or work, and then mail a copy to them. • Post and mail: Post (tape) the notice on your tenant’s home, and then mail a copy to them.

The person delivering the notice must keep track of how it was delivered and on what date, as this information will be needed to complete your court forms. Make a copy of the notice before you deliver to the tenant. Start counting your tenant's deadline the day after they get the notice. Once the notice period has expired, go to Step 2.

STEP 2: COMPLETE THE FORMS

If the notice deadline has passed and the tenant has not complied, you can start an

eviction case. Complete the following forms, and make the number of copies as indicated:

CM-010, Civil Case Cover Sheet: 1 copy

• Caption: Mark the box for “Limited”. • Item 1: Under the “Unlawful Detainer” category, mark the box for “Residential”.

Revised 03/20/2026 Unlawful Detainer: Complaint Page 3 of 5

• Item 2: Mark the box for “No”. • Item 3: Mark box (b) for possession of property. If seeking money also, mark box (a). • Item 4: Possession and money are separate causes of action. • Item 5: Mark the box for “No”. • Date, print your name, and sign.

SUM-130, Summons – Eviction: 2 copies

• Top of page 1: Enter the names of each defendant. Include known subtenants. o Then enter your name as the plaintiff. • Item 1: Leave blank; this will be completed by the Clerk of Court. • Item 2: Enter your name, address, and phone number. • Item 3: Mark the box for “Did not”.

UD-100, Complaint – Unlawful Detainer: 2 copies

• Caption: List all tenants and occupants, even if not on the lease. If you don’t know the names of some occupants, mark the box “Does 1 to” and enter the approximate number of unknown occupants. o Mark the box for “Action is a Limited Civil Case”. o Mark the box for “Does not exceed $10,000” if you are only seeking possession. • Items 1 through 20: Enter details about the tenant(s), property, rental agreement, written notice, and relief sought. o Item 7: The Tenant Protection Act applies if the tenant has occupied the property for at least 12 months. o Item 9: Mark box (e) that you are attaching a copy of the Notice. • Item 21: Enter the number of attached pages. Be sure to attach a copy of the Notice. o Optional: Attach a copy of the rental agreement. • Under “Unlawful Detainer Assistant”: o At Item 22: Mark to the box for “did not”. Then date, print your name, and sign. • Under “Verification”: Date, print your name, and sign.

STEP 3: FILE YOUR FORMS

Bring originals and copies to the Clerk of Court, located at Room 201 of the Visalia

Courthouse, or the filing windows at the South County Justice Center in Porterville. The Clerk will keep the originals and give you back copies. One copy is for you, and other copies are to serve on each tenant or other occupant (you may need to make additional copies).

Filing Fee: There is a fee for filing these forms. If you cannot afford the fee, ask the Clerk of Court for a Fee Waiver Packet. Complete forms FW-001, Request to Waive Court Fees and FW-003, Order on Court Fee Waiver, make one copy, and present them at the time of filing.

Revised 03/20/2026 Unlawful Detainer: Complaint Page 4 of 5

STEP 4: SERVE THE TENANT

The next step is to serve the tenant with a copy of the Summons and Complaint you filed,

plus a blank form UD-105, Answer – Unlawful Detainer. Service means someone age 18 or older, who is not a party to the case, will hand-deliver these documents to each tenant you are seeking to evict. In contrast to delivering the written Notice, the landlord cannot be the server.

Non-Tenants: To evict unknown occupants not named in the Summons and Complaint, a Sheriff or licensed process server must also serve form CP 10.5: Prejudgment Claim of Right to Possession. The server must: • Ask the person being served (or any adult who seems to reside in the premises) if there are other unnamed adult occupants, and obtain their names. • Serve those occupants via personal service or substituted service. • Leave a copy of form CP 10.5, post a 2nd copy, and mail a 3rd copy to “all occupants”. • File a Proof of Service indicating the name of the person served.

STEP 5: FILE THE PROOF OF SERVICE

After service, the server must complete form POS-010, Proof of Service of Summons,

stating what documents were served, and when and where the service took place. The server will date, print, and sign at the bottom of page 2. Make one copy and bring to the Clerk of Court for filing. The Clerk will keep the original and give you back a filed copy for your records. A filed Proof of Service tells the court that the tenant received the forms and was notified of the eviction case. If there is no filed Proof of Service, the eviction may be delayed.

STEP 6: TENANT RESPONSE

What happens next depends on how the tenant responds, or if they respond at all. The

tenant has 10 court days to file form UD-105, Answer – Unlawful Detainer.

If the tenant does not respond, you can ask for a default judgment: • The court can order the tenant to move out so you can regain possession of the property. • Review the Unlawful Detainer (Eviction): Default Judgment packet for next steps.

If the tenant files an Answer, either party can ask for a court trial: • Complete page 1 of form UD-150, Request to Set Case for Trial – Unlawful Detainer. • Make a copy and have someone age 18 or older mail it to the tenant. • Have your server fill out the Proof of Service section on page 2, and make one copy. • File form UD-150 with the Clerk of Court. The Clerk will mail all parties a notice with the trial date, which will be set within 20 calendar days.

Revised 03/20/2026 Unlawful Detainer: Complaint Page 5 of 5

The Eviction Process

Tenant receives Eviction Notice If Tenant moves out before deadline,
(3-Day, 5-Day, 30-Day, or 60-Day) process ends without court involvement

If Tenant does not move out, Landlord files
Summons (SUM-130) and Complaint (UD-100)

Tenant is served with Summons (SUM-130) and
Complaint (UD-100)
(tenant has 10 court days to file Answer (UD-105))

Tenant files Answer (UD-105) Tenant does nothing

Either Landlord or Tenant files
Request to Set Case for Trial (UD-150)
(Trial will be set within 20 calendar days)

Landlord files
Court provides Landlord and Request for Entry of Default (CIV-100)
Tenant with Notice of Trial

Court Trial

Court enters Judgment (UD-110) Court enters Judgment (UD-110)
in favor of Tenant in favor of Landlord

Tenant remains housed under Landlord files Writ of Possession (EJ-130)
the conditions set forth in the
Judgment (UD-110)
Sheriff serves Tenant with:
1) Writ of Possession (EJ-130), and
2) Sheriff’s Lock-Out Notice
(the Lock-Out date will be approx.
7 calendar days from date of service)

2. Sheriff’s Lock-Out Notice (the Lock-Out date will be approx. 7 calendar days from date of service) Optional: On the day of the Judge orders At least 2 days before the Lock-Out, the Sheriff new Trial Lock-Out date, Tenant files: will come to the (Trial will be set in 1) Motion to Set Aside premises to forcibly approx. 2 court days) Default Judgment, and evict the tenant 2) Stay of Execution

Revised 09/05/2025

TYPES OF EVICTION NOTICES

You must give your tenant written notice before you start an eviction court case, to give the tenant a chance to pay rent that's owed, fix a problem, or move out.

Note: This chart may not cover all scenarios. Consult an attorney if you have questions about your situation.

TYPE OF NOTICE WHEN TO USE

Use if your tenant has not paid or is behind on rent. The notice tells them they have 3 court

3-Day Notice days to pay the rent owed or move out. This notice must have the exact amount of rent owed, to Pay or Quit and you cannot ask for other money (late fees, utilities, or damages) in this notice. The 3 days do not include weekends or court holidays.

Use if your tenant violated the lease in a way they can fix. For example, remove a pet or stop 3-Day Notice noise. This notice tells them they have 3 court days to fix the problem or move out. The 3 to Cure or Quit* days do not include weekends or court holidays.

Use if your tenant has caused serious problems at the rental property. This notice tells the
tenant what they did to break the rental agreement and that they must move out in 3 calendar
days, which do include weekends and court holidays. Serious problems include:
• Causing or allowing a nuisance (for example: keeping a dangerous dog).
• Doing something illegal (for example: selling drugs, making criminal threats).

3-Day Notice • Hurting other people’s health or safety (for example: using dangerous chemicals). to Quit* • Causing major damage to the rental property (called committing waste). • Subletting or moving in other people without your permission, when the rental agreement says they can’t. • Refusing landlord entry after proper notice to make required repairs to plumbing, fire alarms, or carbon monoxide detectors. • Failure to vacate after providing written notice to landlord of intent to vacate.

Use in forcible detainer situations where the person you are evicting is a non-tenant (they
never signed a rental agreement) and they are unlawfully occupying the property through 5-Day Notice force, threats, or coercion. Examples include squatters, trespassers, or overstayed guests. to Quit The notice tells the person that they must move out in 5 calendar days, which do include
weekends and court holidays.

Use to end a month-to-month tenancy. Give a 30-day notice if the tenant has rented for less
30 or 60-Day than 1 year, or a 60-day notice if the tenant has rented for 1 year or more. If there is more than

Notice to Quit* one tenant, count the tenant who's lived there the longest. The 30 or 60 days do include weekends and court holidays.

*The Tenant Protection Act (TPA): If a tenant has lived in a property for 12 months, the TPA applies. This law limits rent increases and requires just cause for most evictions. Just cause includes both at-fault and no-fault reasons: • At-fault reasons (the tenant did something wrong): Not paying rent, breaking the lease, illegal activity, causing serious damage, etc. • No-fault reasons (the tenant did nothing wrong): The landlord or their family want to move in, the property is being taken off the rental market, the landlord has entered into a contract for sale of the property and the new owner intends to occupy it. For no-fault evictions, the Landlord must pay the tenant 1 month’s rent to help them move, or waive the last month’s rent. If the TPA applies, landlords must give the 3-day Notice to Cure or Quit before giving the 3-Day Notice to Quit. There are exceptions; see Cal Civ Code § 1946.2(e).

Revised 03/20/2026 Cal Code Civ Proc § 1160 - § 1161, Cal Civ Code § 1946.2

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CP10.5 NOTICE: EVERYONE WHO LIVES IN THIS RENTAL UNIT MAY BE EVICTED BY COURT ORDER. READ THIS FORM IF YOU LIVE HERE AND IF YOUR NAME IS NOT ON THE ATTACHED SUMMONS AND COMPLAINT.

1. If you live here and you do not complete and submit this form, you may be evicted without further hearing by the court along with the persons named in the Summons and Complaint.
2. You must file this form within 10 days of the date of service listed in the box on the right hand side of this form. Exception: If you are a tenant being evicted after your landlord lost the property to foreclosure, the 10-day deadline does not apply to you and you may file this form at any time before judgment is entered.
3. If you file this form, your claim will be determined in the eviction action against the persons named in the complaint.
4. If you do not file this form, you may be evicted without further hearing.
5. If you are a tenant being evicted due to foreclosure, you have additional rights and should seek legal advice immediately.

CLAIMANT OR CLAIMANT'S ATTORNEY (Name and Address): TELEPHONE NO.: FOR COURT USE ONLY

ATTORNEY FOR (Name):

NAME OF COURT:

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:
Plaintiff:
Defendant:

PREJUDGMENT CLAIM OF RIGHT TO POSSESSION CASE NUMBER:

Complete this form only if ALL of these statements are true:

1. You are NOT named in the accompanying Summons and Complaint. (To be completed by the process server)

2. You occupied the subject premises on or before the date the unlawful DATE OF SERVICE: detainer (eviction) complaint was filed. (The date is in the accompanying (Date that form is served or delivered, Summons and Complaint.) posted, and mailed by the officer or

3. You still occupy the subject premises. process server) I DECLARE THE FOLLOWING UNDER PENALTY OF PERJURY:

4. My name is (specify):

5. I reside at (street address, unit no., city and ZIP code):

6. The address of "the premises" subject to this claim is (address):

7. On (insert date): , the landlord or the landlord's authorized agent filed a complaint to recover possession of the premises. (This date is in the accompanying Summons and Complaint.)

8. I occupied the premises on the date the complaint was filed (the date in item 4). I have continued to occupy the premises ever since.

9. I was at least 18 years of age on the date the complaint was filed (the date in item 4).

10. I claim a right to possession of the premises because I occupied the premises on the date the complaint was filed (the date in item 4).

11. I was not named in the Summons and Complaint.

12. I understand that if I make this claim of possession, I will be added as a defendant to the unlawful detainer (eviction) action.

13. (Filing fee) I understand that I must go to the court and pay a filing fee of $ or file with the court an "Application for Waiver of Court Fees and Costs." I understand that if I don't pay the filing fee or file the form for waiver of court fees, I will not be entitled to make a claim of right to possession. (Continued on reverse)

CP10.5 [Rev. June 15, 2015] PREJUDGMENT CLAIM OF RIGHT Code of Civil Procedure, §§ 415.46, TO POSSESSION 715.010, 715.020, 1174.25

CP10.5

Plaintiff: CASE NUMBER:

Defendant:

11. If my landlord lost this property to foreclosure, I understand that I can file this form at any time before judgment is entered, and that I have additional rights and should seek legal advice.

12. I understand that I will have five days (excluding court holidays) to file a response to the Summons and Complaint after I file this Prejudgment Claim of Right to Possession form. NOTICE: If you fail to file this claim, you will be evicted without further hearing.

13. Rental agreement. I have (check all that apply to you): a. an oral or written rental agreement with the landlord. b. an oral or written rental agreement with a person other than the landlord. c. an oral or written rental agreement with the former owner who lost the property to foreclosure. d. other (explain):

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

WARNING: Perjury is a felony punishable by imprisonment in the state prison.

Date:

(TYPE OR PRINT NAME) (SIGNATURE OF CLAIMANT)

NOTICE: If you file this claim to possession, the unlawful detainer action against you will be
determined at trial. At trial, you may be found liable for rent, costs, and, in some cases, treble
damages.

- NOTICE TO OCCUPANTS -

YOU MUST ACT AT ONCE if all the following are true:
1. You are NOT named in the accompanying Summons and Complaint.
2. You occupied the premises on or before the date the unlawful detainer (eviction) complaint was filed.
3. You still occupy the premises.

You can complete and SUBMIT THIS CLAIM FORM WITHIN 10 DAYS from the date of service (on the form) at the court
where the unlawful detainer (eviction) complaint was filed. If you are a tenant and your landlord lost the property you occupy
through foreclosure, this 10-day deadline does not apply to you. You may file this form at any time before judgment is
entered. You should seek legal advice immediately.

If you do not complete and submit this form (and pay a filing fee or file a fee waiver form if you cannot pay the fee), YOU
WILL BE EVICTED.

After this form is properly filed, you will be added as a defendant in the unlawful detainer (eviction) action and your right to
occupy the premises will be decided by the court. If you do not file this claim, you may be evicted without a hearing.

CP10.5 [Rev. June 15, 2015] PREJUDGMENT CLAIM OF RIGHT TO POSSESSION Page two

POS-010

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) : FOR COURT USE ONLY

TELEPHONE NO.: FAX NO. (Optional):

E-MAIL ADDRESS (Optional):

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PLAINTIFF/PETITIONER: CASE NUMBER:

DEFENDANT/RESPONDENT:

Ref. No. or File No.:

PROOF OF SERVICE OF SUMMONS

(Separate proof of service is required for each party served.)

1. At the time of service I was at least 18 years of age and not a party to this action.

2. I served copies of:

   a. summons b. complaint c. Alternative Dispute Resolution (ADR) package d. Civil Case Cover Sheet (served in complex cases only) e. cross-complaint f. other (specify documents) :

3. a. Party served (specify name of party as shown on documents served) :

   b. Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person under item 5b on whom substituted service was made) (specify name and relationship to the party named in item 3a):

4. Address where the party was served:

5. I served the party (check proper box)

   a. by personal service. I personally delivered the documents listed in item 2 to the party or person authorized to receive service of process for the party (1) on (date) : (2) at (time) : b. by substituted service. On (date) : at (time) : I left the documents listed in item 2 with or in the presence of (name and title or relationship to person indicated in item 3) : (1) (business) a person at least 18 years of age apparently in charge at the office or usual place of business of the person to be served. I informed him or her of the general nature of the papers. (2) (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual place of abode of the party. I informed him or her of the general nature of the papers. (3) (physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing address of the person to be served, other than a United States Postal Service post office box. I informed him or her of the general nature of the papers. (4) I thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served at the place where the copies were left (Code Civ. Proc., § 415.20). I mailed the documents on (date) : from (city): or a declaration of mailing is attached. (5) I attach a declaration of diligence stating actions taken first to attempt personal service.

Form Adopted for Mandatory Use PROOF OF SERVICE OF SUMMONS Code of Civil Procedure, § 417.10 Judicial Council of California POS-010 [Rev. January 1, 2007]

PLAINTIFF/PETITIONER: CASE NUMBER:

DEFENDANT/RESPONDENT:

5. c. by mail and acknowledgment of receipt of service. I mailed the documents listed in item 2 to the party, to the address shown in item 4, by first-class mail, postage prepaid, (1) on (date) : (2) from (city) : (3) with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed to me. (Attach completed Notice and Acknowledgment of Receipt.) (Code Civ. Proc., § 415.30.) (4) to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40.) d. by other means (specify means of service and authorizing code section) :

   Additional page describing service is attached.

6. The "Notice to the Person Served" (on the summons) was completed as follows: a. as an individual defendant. b. as the person sued under the fictitious name of (specify) : c. as occupant. d. On behalf of (specify) : under the following Code of Civil Procedure section: 416.10 (corporation) 415.95 (business organization, form unknown) 416.20 (defunct corporation) 416.60 (minor) 416.30 (joint stock company/association) 416.70 (ward or conservatee) 416.40 (association or partnership) 416.90 (authorized person) 416.50 (public entity) 415.46 (occupant) other:

7. Person who served papers a. Name: b. Address: c. Telephone number: d. The fee for service was: $ e. I am: (1) not a registered California process server. (2) exempt from registration under Business and Professions Code section 22350(b). (3) registered California process server: (i) owner employee independent contractor. (ii) Registration No.: (iii) County:

8. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

   or

9. I am a California sheriff or marshal and I certify that the foregoing is true and correct.

Date:

(NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) (SIGNATURE)

POS-010 [Rev. January 1, 2007] PROOF OF SERVICE OF SUMMONS Page 2 of 2