Local Civil Rules of Court

CIVIL RULE 11 UNLAWFUL DETAINER CASES

A. PURPOSE
B. DESIGNATION OF UNLAWFUL DETAINER CASES
C. PROPER COURTHOUSE FOR FILING AN UNLAWFUL DETAINER CASE
D. UNLAWFUL DETAINER CASES IN DOWNTOWN SUPERIOR COURT
E. UNLAWFUL DETAINER CASES IN SOUTH COUNTY COURTHOUSE
F. NOTICED MOTIONS
G. TRIAL
H. CONVERSION TO ORDINARY CIVIL ACTION
I. POST JUDGMENT CLAIM OF RIGHT TO POSSESSION

A. PURPOSE

This rule is promulgated to deal with the special problems created by the summary nature of unlawful detainer proceedings. The term “unlawful detainer cases” refers to all cases filed pursuant to Chapter 4 of Title 3 of Part 3 of the Code of Civil Procedure and, thus, includes forcible entry and forcible detainer cases.

(Eff. 7/01/02)

B. DESIGNATION OF UNLAWFUL DETAINER CASES

The Court will designate a case as an “unlawful detainer case” when the complaint is filed if 1) the caption alleges unlawful detainer, forcible entry or forcible detainer, and 2) the prayer seeks restitution of possession of real property.

(Eff. 7/01/02)

C. PROPER COURTHOUSE FOR FILING AN UNLAWFUL DETAINER CASE

(1) An unlawful detainer case that concerns real property with a Gilroy, Morgan Hill or San Martin mailing address must be filed in the South County Courthouse if the amount in controversy is $25,000 or less.

(2) All other unlawful detainer cases must be filed in the Downtown Superior Court.

(3) An unlawful detainer case that was properly filed in the South County Courthouse may remain there even if the amount in controversy rises above $25,000 as a result of delay in the prosecution of the case.

(4) Upon the motion of a party, or the Court’s own motion, for good cause shown, an unlawful detainer case may be transferred from the South County Courthouse to the Downtown Superior Court or vice versa.

(Eff. 7/01/02)

D. UNLAWFUL DETAINER CASES IN DOWNTOWN SUPERIOR COURT

(1) All unlawful detainer cases are assigned to the Unlawful Detainer Department designated by the Presiding Judge.

(2) Ex-parte applications are heard every court day between 8:15 and 9:00 am.

(3) Notice motions are heard at 9:05 am on every court day except on Fridays.

(4) Court trials are heard at 9:00 am on every court day except on Fridays.

(5) Jury trials are heard in any available department in the Downtown Superior Court.

(6) Post-judgment claims of right to possession are heard every court day at 9:05 am except on Fridays.

E. UNLAWFUL DETAINER CASES IN SOUTH COUNTY COURTHOUSE

Each unlawful detainer case will be assigned to a department in the South County Courthouse for all purposes.

F. NOTICED MOTIONS

Any party who wishes to bring a noticed motion must contact the appropriate calendar clerk to obtain an approved date and time for the hearing.

G. TRIAL

Once the case is at issue, any party who has appeared, and has not been dismissed and is not in default, may file a request to set the case for trial. The Court will set the date for trial and mail notice to all of the parties except those who have been dismissed or are in default.

H. CONVERSION TO ORDINARY CIVIL ACTION

If possession of the premises is surrendered to the plaintiff before trial, the case will proceed as an unlawful detainer case unless one of the parties files a motion for leave to file a pleading that will convert the case to an ordinary civil action. If trial has already been set, the trial judge will hear the motion for leave to amend before the trial. If the motion is granted, the Court will vacate the trial, redesignate the case as an ordinary civil action, and schedule a Case Management Conference. The case will thereafter proceed as an ordinary civil action.

(Eff. 7/01/02)

I. POST JUDGMENT CLAIM OF RIGHT TO POSSESSION

Upon receipt of a post-judgment claim of right to possession, the Court will schedule a hearing and mail notice to the plaintiff and the claimant.

(Eff. 7/01/02)

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