This form is a Complaint. This action is to recover damages for a violation of the First Amendment of the United States Constitution. The plaintiff is seeking punitive damages and reasonable attorney's fees.
Jury Trial For Eviction In Contra Costa
Category:
State:
Multi-State
County:
Contra Costa
Control #:
US-000285
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
Article I, Section 16 of the State Constitution of California says, “A trial by jury is an inviolate right and shall be secured to all. A jury may be waived in a criminal cause by the consent of both parties expressed in open court by the defendant and the defendant's counsel."
File the Request for Dismissal with the court Bring the originals and copies of the Request for Dismissal to the clerk at the courthouse where the case was originally filed. They will file the forms and return the copy to you. Keep the copy for your records.
To ask for a jury trial you fill out that section on the Request to Set Case for Trial - Unlawful Detainer form. If you don't, your tenant can still file a Counter-Request to Set Case for Trial-Unlawful Detainer (form UD-150) to ask for one.
To write an eviction notice, you need to include specific information such as addresses, tenant names, lease status and date, reasons for eviction, the date the tenant must leave the property, and record of delivery. Make sure to follow your state's laws regarding notice requirements and timeline for eviction.
The California Constitution, as originally adopted in 1849, set out the right to a jury trial in the strongest possible terms: “ 'The right of trial by jury shall be secured to all, and remain inviolate for ever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
If your tenant won't fix the problem or move out, you'll have to go through the court to get an order for them to move out. The eviction process can take 30 - 45 days, or longer. The time starts from when you have eviction court forms delivered to your tenant to the time they must move out.
Any party may demand a trial by jury of any issue triable of right by a jury by (1) serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to such issue, and (2) filing the demand as required ...
Most of the time. Courts tend to rule in favor of landlords in most instances. Tenants, even when they are in the right, don't usually come to court prepared. Landlords present specific evidence of which terms of the lease the tenant violated.
How to Fight an Eviction Prove That Your Landlord Breached the Lease by Failing to Maintain the Property. Prove That You're a Victim of Discrimination. Prove That Your Landlord Improperly Served You with Notice of Eviction. Prove That Your Landlord Has No Justification for Evicting You.
5 Tips for Renting After Eviction Keep An Eye On Your Credit. First, the good news. Be Honest About Your Situation. You may be asked about prior evictions on the rental application or in an in-person conversation. Look for Independent Landlords. Consider a Cosigner. Be Open to Different Types of Housing.