Before filing an Unlawful Detainer complaint, proper notification to the tenant is required. To find out what type of proper notice is required, click here.
Reminder: Any notice given to the tenant must expire before the filing of your complaint. For information on when your notice expires, click here.
Click here for information on how to file your complaint. You must fill out the Summons, Complaint and Civil Case Cover sheet forms and file them at the Civil Business Office. The court retains the original complaint, and a copy is served on each defendant along with a copy of the summons.
You may fill out Unlawful Detainer forms online by visiting www.turbocourt.com.
It is the landlord's responsibility to make sure the tenant/defendant is notified about the lawsuit. The legal method of notification is known as "service of process," which means giving the defendant a copy of the summons and complaint. You cannot do this yourself. Here are some individuals who can serve the defendant:
- A registered process server, or
- Any person over the age of 18, not a party to the action
Generally, there is a fee for this service. To find out more about this topic, visit our Proof of Service page.
If you are the plaintiff (landlord) and the tenant/defendant you are suing has filed a response with the court, you need to file a Request/Counter Request to Set Case for Trial - Unlawful Detainer (UD-150) to have the court set your case for trial.
Note: Before you can proceed to trial, all tenants/defendants must respond to the service of process. If any of them fail to do so, see number 6, below.
If any of the tenants/defendants should be dismissed from the case, complete and file a Request for Dismissal (CIV-110).
If the defendant has not answered the complaint within the allowed number of days, you may proceed to have a default judgment entered. If you wish to obtain possession of the premises as soon as possible, you should file the following forms with the court:
- Original and one copy of the Request for Entry of Default (CIV-100)
- Proof(s) of Service of Summons (POS-010)
- Original and one copy of the Judgment - Unlawful Detainer (UD-110)
- Original and three copies of the Writ of Execution (EJ-130)
- Sheriff's Instructions for Process of Writ
The clerk will enter the judgment and issue the Writ of Execution with a fee.
You must either take the Writ of Execution and Sheriff's Instructions for Process of Writ form to the Sheriff's Department with a fee for service, or the clerk can forward the documents to the Sheriff's Department.
No. However, to include unknowns on the judgment, the filer must have filed a proof of service showing that unknowns were served in compliance with CCP § 415.46.
If you have submitted a stipulated judgment, and your trial date remains on the court's calendar, please contact (619) 450-7371. You will need to provide the following information: Case Number, Your Full Name, Party Affiliation (Plaintiff/Defendant), and telephone number. The clerk’s office will forward this information to the Department to address.
Please refer to San Diego Local Rules, Division II-Civil. (https://www.sdcourt.ca.gov/sdcourt/generalinformation/localrulesofcourt)
If your case has settled, and your trial date remains on calendar, please contact (619) 450-7371. You will need to provide the following information: Case Number, Your Full Name, Party Affiliation (Plaintiff/Defendant), and telephone number. The clerk’s office will forward this information to the Department to address.
To avoid having the Dismissal processed before the Stipulation, you should submit each PDF separately under one efiling transaction. In addition, you may add a “submitter’s note” and include a note to the Business Office, indicating that the Stipulation must be processed before the Dismissal.
Please note: Submitting the Stipulation separate from the Dismissal may result in the Dismissal being processed first.