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After the eviction trial decision | California Courts | Self Help Guide
If they don’t move, the sheriff will remove them from the home and lock them out.
Your tenant may have options for slowing down or stopping the eviction. Learn more 

If your tenant needs more time before moving out, they can file a motion for a stay of execution to ask the judge for some extra time before having to move out. 
If they missed the court date because of an emergency or feel they made a mistake, they can file a motion to set aside. This is asking the judge for a “do over” because of “mistake, inadvertence, or excusable neglect.” 
If they think the judge didn't follow the law, they can file an appeal. This is a request for a higher court to review the judge’s decision.

If your tenant was not at the trial
You must serve them with the filed copy of the Judgment so they know what the judge ordered them to do.
If the judge decides your tenant gets to stay in the home
Your tenant will be able to stay, but will still have to follow the rental agreement. The judge may also order that you have to pay your tenant’s costs, like filing fees and attorney fees (if this is in the agreement). The judge may also decide that you have to make repairs to the home.

If you lost because the judge said there was something wrong with your paperwork, 
talk to a lawyer if you need help understanding how to fix what went wrong or to find out if you have other options. You may be able to fix things and refile if you want to. 
 

If you think the judge didn't follow the law when they decided your case, you can appeal. Learn more 
An appeal is a request for a higher court to review the judge’s decision because you think the judge didn’t follow the law. See more information on Civil Appeals. 

 

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Get a Notice | California Courts | Self Help Guide
If you do, your landlord shouldn't start an eviction court case.
If you partly agree or disagree
Talk to your landlord before the deadline. If there's time, you can ask them to talk about the problem with a mediator - a person specially trained to help people agree. If you don't reach an agreement by the deadline, your landlord can start an eviction case in court.
If you do nothing
Your landlord might start an eviction case in court. If you lose, a sheriff can make you leave the home. And, the fact you were evicted can be on your credit record for 7 years.
Learn more about the pros and cons of each option
There are advantages and disadvantages of each of these options depending on your personal situation. Get legal help if you have questions about what the Notice says, what it means, or if you think there's something wrong with the Notice. 
Read more about the options 

Get a Notice
What's next?

If you didn't do what the Notice says, your landlord can start an eviction case in court. If they do, you'll get a copy of the court papers (Summons and Complaint forms). Find out what you can do if they start an eviction case.

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 If you don't do what your landlord asks in the Notice, they may start a court case. If they do, you'll get Summons and Complaint court forms.
 

 

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Civil | Superior Court of California | County of Tulare
If you fail to move within five days, the Sheriff will physically remove you and turn over the possession of the property to the landlord. The Sheriff's cost for the eviction may be added to the judgment, which the landlord can collect from you.
Failure to Respond Unlawful Detainer
The court may enter a default judgment in favor of the landlord and issue a Writ of Possession if you fail to respond in writing and file your written response with the court. There is no trial if you do not file a written response to the unlawful detainer complaint. This default judgment allows the landlord to obtain possession of the property.
The Right to Jury Trial
Both parties have a right to request a jury trial. To request a jury trial, the requesting party may file a document entitled Request for Setting. If the landlord files this document and does not request a jury trial, you have five days from the mailing date of the Request for Setting to file a Counter Request for Setting requesting a jury trial. You will be mailed a Clerk's Notice of Trial informing you of the trial date. The party requesting a jury trial is responsible for the initial jury fees, which must be posted with the court five days before the trial date.
Changing a Trial Date
To change your trial date, you need to file one of the following:
Motion for Continuance and a declaration showing a good reason for the continuance; and
Written Stipulation, (agreed to by both parties), along with a declaration showing a good reason for the continuance and an order.
The paperwork must be filed as soon as the need for a continuance is known. You must also pay a filing fee when you file the motion or stipulation.
Preparing for Trial
If you are not represented by an attorney, you can represent yourself. If you are representing yourself, you may want to consult
Tulare-Kings Counties Legal Services
208 West Main Street, Suite U-1
Visalia, CA 93291
559-737-8770

Witnesses
You may want to subpoena witnesses whom you feel are necessary for your case to appear in court. The subpoena must be personally served.
Respondent’s Brief – California Appellate Courts
Some Courts of Appeal require that you file extra copies of the respondent’s brief when you file the original.
The respondent should keep one copy of the brief. It’s a good idea to bring or mail an extra copy of the brief to the court clerk. The respondent can ask the clerk to stamp “filed” on the extra copy to show that the original was filed and keep the extra copy as proof.
Next Steps after the Respondent’s Brief

After the respondent files a brief, the appellant can file a third and final brief. The appellant’s reply brief addresses the issues and arguments raised in the respondent’s brief. The appellant is not required to file a reply brief.
Each party who filed a written brief will have an opportunity to speak directly to the Court of Appeal justices. This next step is called presenting oral arguments. It’s the only time the parties can make their case in person at the Court of Appeal.
Additional Resource Links:
Sample respondent’s brief
Official appeal procedures for unlimited civil appeal cases (Form APP-001)
California rules of court for the Courts of Appeal
Common Questions:

 I’m the respondent. Do I have to file a respondent’s brief? Technically no. But the brief is your opportunity to tell the Court of Appeal your side of the story and argue why you’re right. If you’re the respondent and you do not file a brief, you will not be able to speak directly – or present an oral argument – to the Court of Appeal. So the Court of Appeal will only hear the appellant’s arguments. That means the Court of Appeal will make a decision without hearing your side of the case. If you lose, the Court of Appeal may change or reverse the trial court’s decision. You will have to do what the Court of Appeal says, and you may lose benefits you received in the original judgment or order being appealed.
 
 How many briefs can a respondent write? The respondent only writes one brief. The appellant must write the first or opening brief, then the respondent can write a respondent’s brief.
Traffic | Superior Court of California | County of Tuolumne
Arraignment
An arraignment is a hearing in which the court advises you of your rights and informs you of the charges against you. You will be asked to enter a plea to the charges:
If you enter a plea of not guilty, the judicial officer will set a court trial date.
If you enter a plea of guilty the judicial officer will sentence you.
An arraignment is not a trial where arguments for a case are heard.
Arraignments must be scheduled by contacting the Clerk’s Office at (209) 533-2380.  We do not offer “Walk-in-Court”. If you were cited for mechanical, registration, driver’s license or insurance violations, bring all proof of correction that you have with you to the arraignment. 
Most citations do not require a personal appearance and can be handled by telephone or mail by paying the bail amount and/or providing proof of correction and paying the bail amount.
Court Trial
A court trial is a trial where you appear in person to testify about the facts in the case.  The officer who issued the citation will also be required to appear. You have the right to subpoena witnesses and to have a lawyer present, if you retain one. 
If you have evidence or witnesses that are necessary to your defense you should have them available on the date set for your Court Trial.
If you do not appear for your Court Trial the judicial officer may find you guilty in absencia.
A trial by declaration allows a defendant to contest a citation in writing without having to make a personal court appearance. For information on Trial By Declaration (see below topic area).
To request a court trial you must fill out and file form TUO-TRF-100 Plea & Request for Court Trial.

Contesting a Judicial Decision

An appeal can be filed within 30 days only after being found guilty in a court trial.  New evidence is not accepted on an appeal. The appellate court’s decision deals with the evidence offered and decisions made at the time of trial.
For more information visit the Appeals page.

Courtesy Notices

A Courtesy Notice is sent by the court to the address listed on the citation and contains the following information:
The Superior Court of California - County of Ventura - FAQs
A:  Traffic citations are not automatically on the Courtâs calendar. The appearance date noted on a traffic citation 
 is usually a due date, not a Court appearance date. If you received an infraction ticket, you must take care of 
 your ticket on or before the date on your ticket or courtesy notice. If you received a ticket for a misdemeanor violation, you must 
 appear on the date and time listed on your ticket. Check in with the clerk at the Criminal/Traffic Department Walk-Up Window to verify if you have been scheduled for court.

Q:  How do I know if I am eligible for traffic school?
A:  Click here to obtain information on the traffic school process and lists of authorized 
 traffic schools.

Q:  How do I plead not guilty?
A:  If the citation is an infraction that does not require a mandatory court appearance, you have three options available 
 to you.

You can plead not guilty and request a court trial by mail or in person. If you wish to plead not guilty by mail, you will be 
 required to post the total amount of bail owed on your case. Contact the clerkâs office at (805) 289-8545 to request a Written Not 
 guilty Plea form be mailed to you. The clerkâs office must receive the completed form and the bail by your due date. The form will 
 be returned to you with the date of your Court Trial. The clerkâs office will subpoena the officer to appear at the court trial.
The clerkâs office has the authority to accept a not guilty plea at the counter and release you on a written promise to appear 
 in lieu of posting the total amount of bail owed on your case. The court trial will be set within 45 days. The clerkâs office 
 will subpoena the law enforcement officer to appear at the court trial.
You can post the total amount of bail owed on your case and request a Trial By Written Declaration. A Trial By Written Declaration 
 is a method of contesting your case without having to make a personal court appearance. Judicial Council form TR-200 includes 
 instructions for a Trial by Written Declaration. Judicial Council form
Tentative Rulings | Superior Court of California | County of Tulare
Code of Civil Procedure section 418.10(a) provides, in pertinent part, as follows: 
"A Defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) to quash service of summons on the ground of lack of jurisdiction of the court over him or her…"
Here, Defendants have filed this motion after answering the complaint, which acts as a waiver of the issues that can be raised on a motion to quash, under section 418.10(e)(3):
“(e) A defendant or cross-defendant may make a motion under this section and simultaneously answer, demur, or move to strike the complaint or cross-complaint…
…(3) Failure to make a motion under this section at the time of filing a demurrer or motion to strike constitutes a waiver of the issues of lack of personal jurisdiction, inadequacy of process, inadequacy of service of process, inconvenient forum, and delay in prosecution.”
“In the absence of a voluntary submission to the authority of the court, compliance with the statutes governing service of process is essential to establish that court's personal jurisdiction over a defendant…” (Dill v. Berquist Construction Co. (1994) 24 Cal. App. 4th 1426, 1439.) By answering the complaint, Defendants have acquiesced the personal jurisdiction of this Court. 
There is no longer an option for Defendants to specially appear on a motion to quash. Moreover, the motion must be filed prior to or at the same time as the answer, demurrer or other responsive pleading. Here, Defendants obtained relief from default, answered the complaint as the responsive pleading and now cannot attack the personal jurisdiction of this Court over Defendants. 
The Court, therefore, denies the motion to quash, as Defendants have answered the complaint. 
Here, however, Defendants have also indicated an intent to file this motion as a demurrer (or a motion for judgment on the pleadings, as Defendants have answered the complaint.)
California Rules of Court: Title Ten Rules
(1)  Unless the petitioner elects to proceed under (2) below, disputes and appeals of decisions with respect to disputes with the Judicial Council or a superior court regarding access to budget and management information required to be maintained under rule 10.501 are subject to the process described in rule 10.803.
(2)  Any person may institute proceedings for injunctive or declarative relief or writ of mandate in any court of competent jurisdiction to enforce his or her right to inspect or to receive a copy of any judicial administrative record under this rule.
(3)  Whenever it is made to appear by verified petition that a judicial administrative record is being improperly withheld from disclosure, the court with jurisdiction will order the judicial branch entity to disclose the records or show cause why it should not do so. The court will decide the case after examining the record (in camera if appropriate), papers filed by the parties, and any oral argument and additional evidence as the court may allow.
(4)  If the court finds that the judicial branch entity's decision to refuse disclosure is not justified under this rule, the court will order the judicial branch entity to make the record public. If the court finds that the judicial branch entity's decision was justified, the court will issue an order supporting the decision.
(5)  An order of the court, either directing disclosure or supporting the decision of the judicial branch entity refusing disclosure, is not a final judgment or order within the meaning of Code of Civil Procedure section 904.1 from which an appeal may be taken, but will be immediately reviewable by petition to the appellate court for the issuance of an extraordinary writ. Upon entry of an order under this subdivision, a party must, in order to obtain review of the order, file a petition within 20 days after service of a written notice of entry of the order or within such further time not exceeding an additional 20 days as the court may for good cause allow. If the notice is served by mail, the period within which to file the petition will be extended by 5 days. A stay of an order or judgment will not be granted unless the petitioning party demonstrates it will otherwise sustain irreparable damage and probable success on the merits. Any person who fails to obey the order of the court will be cited to show cause why that is not in contempt of court.
Petition for Review – California Appellate Courts
If there are problems with the proof of service a party files in the Supreme Court, the court will give a party 5 days to serve and file corrected proof of service. If the party does not file corrected proof of service, the Supreme Court may dismiss the petition.
Learn how to serve the petition for review
Special Filing Instructions for a Petition for Review
The party who files a petition for review must give the California Supreme Court paper copies of the petition, even if they electronically file (e-file).
If filing on paper, the petitioner must give the Supreme Court an original petition for review plus 13 copies.
If filing electronically, the petitioner must give the Supreme Court 8 paper copies of the petition.
The petition for review can be filed:

at the California Supreme Court in San Francisco
at any California Court of Appeal, which will forward the petition to the Supreme Court

Learn more about how to file the petition for review with the California Supreme Court
What the Parties Do During Petition for Review
The opposing parties can – but are not required to – file a response to the petition for review. The California Supreme Court generally will not ask other parties to provide information until after it agrees to review the case.
 
 Filing an Answer to Oppose the Petition for Review Any party who opposes the review can file an answer – also called a response – to the petition. An answer is an opportunity for a party in the case to add another issue for the court to consider in review. Here are some general guidelines for a party who chooses to file an answer.

The deadline to serve and file an answer in the California Supreme Court is within 20 days after the petition for review is filed.
The cover page is blue. It includes general information about the parties (like contact information) and the appeal (like the case number). Learn what information to include on the cover
Rules about length:

If written on a computer, the answer must be 8,400 words or less.
If written on a typewriter, the answer must be 30 pages or less.

An answer has the same formatting, service, and filing requirements as the petition for review.

What to write in the answer
How to ask for a disability accommodation | California Courts | Self Help Guide
A court day is a day that court is open, Monday through Friday not including court holidays. If that's not possible, you can still turn in the request but it may be harder for the court to meet the request.
The request for accommodation is a confidential form. The form is given to the ADA coordinator. If you file court documents online, called efiling, do not include it with your other public filings.

Some courts have their own process for requesting an accommodation. You can use Find my court to go to the court's website and look under "ADA" for information about the local process. 

How to ask for a disability accommodation

Fill out form
Fill out Page 1 of Disability Accommodation Request (form MC-410). Sign at the bottom of Page 1. Do not fill out Page 2. The court will write its decision on this page.
The form asks for information the court needs to understand your request and to make a decision. If you need help with the form, you can get more detailed instructions in How to Request a Disability Accommodation for Court (form MC-410-INFO).
This information sheet is also available in:
Espanol (Spanish)
汉语 (Chinese Simplified)
한국어 (Korean)
Tiếng Việt (Vietnamese)

Turn in the form
Turn in the form to the court's ADA coordinator or other designated person. Contact the court to find out how to submit the request. You can usually submit your request in different ways. For example, in person, by mail, email, or fax.
You can use Find my court to get the court's contact information to find out where to turn it in.

Get the court's response
The court will respond to your request either in person or by calling you, or by emailing or mailing you a response. The decision will be on Page 2 of the request.
If your request was not granted, the court's response will explain why. You can find information about how to ask for a review of a denial in California Rule of Court 1.100(g).

 

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California Rules of Court: Title Eight Rules
Former rule 8.160. Renumbered effective January 1, 2010
Rule 8.163. Presumption from the record

Article 3. Briefs in the Court of Appeal
Rule 8.200. Briefs by parties and amici curiae
Rule 8.204. Contents and format of briefs
Rule 8.208. Certificate of Interested Entities or Persons
Rule 8.212. Service and filing of briefs
Rule 8.216. Appeals in which a party is both appellant and respondent 
Rule 8.220. Failure to file a brief 
Rule 8.224. Transmitting exhibits

Article 4. Hearing and Decision in the Court of Appeal
Rule 8.240. Calendar preference
Rule 8.244. Settlement, abandonment, voluntary dismissal, and compromise
Rule 8.248. Prehearing conference
Rule 8.252. Judicial notice; findings and evidence on appeal
Rule 8.254. New Authorities
Rule 8.256. Oral argument and submission of the cause
Rule 8.260. Opinions [Reserved]
Rule 8.264. Filing, finality, and modification of decision
Rule 8.268. Rehearing
Rule 8.272. Remittitur
Rule 8.276. Sanctions
Rule 8.278. Costs on appeal

Chapter 3. Criminal Appeals

Article 1. Taking the Appeal
Rule 8.300. Appointment of appellate counsel by the Court of Appeal 
Rule 8.304. Filing the appeal; certificate of probable cause
Rule 8.308. Time to appeal
Rule 8.312. Stay of execution and release on appeal
Rule 8.316. Abandoning the appeal

Article 2. Record on Appeal
Rule 8.320. Normal record; exhibits
Rule 8.324. Application in superior court for addition to normal record
Rule 8.328. Confidential records [Repealed]
Rule 8.332. Juror-identifying information
Rule 8.336.