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Who has the burden of proof in an unlawful detainer in California? California landlords must prove illegal detainer cases. The landlord is the plaintiff and must prove that the tenant broke the lease or rental agreement to justify eviction under California law. The landlord needs proof.
The Public Case Access System provides the ability to view case information about Unlawful Detainer cases.
Each person who is named as a defendant must be served with a copy of the summons and complaint. A separate proof of service must be completed for each person served. Personal service: In most cases, the summons and complaint are personally served on the defendants (tenants).
An Unlawful Detainer, more commonly known as an eviction, is used when a landlord wants to get tenants out of a rental property - either commercial or residential. Only a sheriff can evict someone. Even if a tenant is months behind on rent, the landlord cannot evict the tenant or get rid of the tenant's belongings.
Unlawful Detainer (UD or eviction) cases are by statute initially restricted from public access for 60 days, and do not appear on the Case Number Search. If you are a participant in a restricted UD case and want to view the ROA, enter the information below to search for your case.