What happens before your trial for unlawful detainer (eviction)?

You are served with a Three-Day Notice to Pay Rent or Quit. You fail pay the rent within the three days stated on the notice. Then you are served with legal papers-a summon and complaint and other papers commanding to file a response within five calendar (not business) days. You file a response. What happens next?

In San Francisco, when you file a legal document known as an answer, you should also file a demand for a jury. The demand for a jury trial must be accompanied by a $150.00 first day jury deposit. The landlord will usually file a request for a trial and ask for a trial in front of a judge. However, because you already asked for a jury trial, a trial by jury will be scheduled. The Superior Court will also schedule a settlement conference the week before the trial. You will have an opportunity to settle the case at that time. If you do not settle at the settlement conference, then on Monday morning at 9:00 a.m., you will usually be directed by the judge to attend another settlement conference. This settlement conference can last all morning. If you do not settle, then you report back to the judge in the Housing Court courtroom (Department 501.) The judge might try and mediate the case if you and the landlord are not that far apart regarding a settlement. Otherwise, the judge will tell you that you have been assigned to a courtroom and to report to that courtroom now.

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Mary Catherine Wiederhold

Real Estate Attorney
1458 Sutter Street
San Francisco, CA 94109

Mary Catherine Wiederhold
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Courtney Brown
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