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Demand For Jury Trial Unlawful Detainer In Sacramento
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State:
Multi-State
County:
Sacramento
Control #:
US-000287
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An unlawful detainer case must be set for trial on a date not later than 20 days after the first request to set the case for trial is made (Code Civ. Proc., § 1170.5(a)). If a jury is requested, $150 must be deposited with the court 5 days before trial (Code Civ. Proc., § 631).
If you wish to appeal an unlawful detainer ruling, file your appeal in the court location where the original proceeding was heard. For more information on Unlawful Detainer (Landlord/Tenant), visit our Landlord/Tenant page. Additional information is also available on the California Courts Self-Help Center website.
During the eviction process, both parties are responsible for paying their own legal fees until the court reaches a decision.
In California, the law generally requires that an unlawful detainer complaint must be served in person to the person who is being sued, but there are several caveats to this rule.
Tenants can win an unlawful detainer case by proving: There are no legal grounds for the eviction. The landlord did not properly follow eviction procedures. The offense is not legal grounds for eviction.
In an unlawful detainer lawsuit, the court holds a hearing at which the parties can present their evidence and explain their case, this is called an Unlawful Detainer Trial. If the court finds that the tenant has a good defense, the court will not evict the tenant.
More info
Gov or call . Get legal help if you want a jury trial.Tenants who are facing eviction have the right to request a jury trial rather than a bench trial in their case. However, proper procedures must be followed. To demand a jury trial in an unlawful detainer case, you generally need to file a specific court form along with your answer to the complaint. Please fill in the bracketed and highlighted sections and edit before filing with the court. (1) In unlawful detainer actions, the fees shall be due at least five days before the date set for trial. The eviction process in California can be lengthy and costly. We review all of the steps involved in the process and what it might cost you as a landlord. Landlord may ask for information as evidence for trial, including written questions and demands for copies of documents.