Civil Case Cover Sheet
Summons - Unlawful
Detainer - Eviction
Complaint-Unlawful Detainer
Prejudgment Claim of Right to
Possession [Unofficial form for
service with summons in
unlawful detainer cases]
Answer-Unlawful Detainer
Proof of Service of Summons
Request for Entry of Default
(Application to Enter Default)
Declaration for Default Judgment
by Court (Unlawful Detainer—
Civ. Proc., § 585(d))  
Judgment—Unlawful Detainer
Writ of Execution
An unlawful detainer is a lawsuit that a landlord files in court to evict a tenant. If the judge
agrees with the landlord, the landlord can ask the Sheriff's Department to physically remove
the tenant from the rental unit. If not, the tenant can stay in the property. The entire process
usually takes about 30 days. The tenant has 5 days to file a response after being served
with the landlord's lawsuit. Then, the clerk will schedule a trial within 20 days of the
landlord's request. The trial usually takes one day. From that point, the Sheriff usually gives
the tenant about 5 days before evicting them.
This lawsuit is to be filed AFTER the landlord has given the proper notice to evict a tenant
which can include:
  • 3 day to Quit
  • 3 day to Pay or Quit
  • 3 day to Perform Covenants
  • 30-day notice
  • 60-day notice

Notices are very difficult, and it's not easy to explain what kind of notice a landlord has to
give in each case. Please contact a small claims advisor if you are unsure whether you are
using the proper notice. A notice is not a court form, so a landlord has to write it up. If there
are mistakes in the notice, the landlord might lose the case automatically.

The landlord and tenant do not have to get a lawyer. But, there are strict court rules and
court forms you have to fill out, file and serve. The rules and forms are complicated. If you
don't do things correctly, you may lose your case. It is usually advantageous to both parties
to try to find a resolution out of court; this can either be done by coming to an agreement on
your own or by working with one of the mediation providers in Fresno County.
Short description of court form.
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Able to fill-out online and print forms in this row.
Samples of forms with examples of sections that need to be fill-out.
Fresno County Small Claims
and Civil Advisory
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