The legal name for an eviction action is a case for "Unlawful Detainer" (UD). All actions for eviction start with the service of a legal notice (the only exception is an eviction for a terminated employee or manager.)
The prerequisite notices one or more of the following:
Three (3) Day Notice to Pay or Quit
Three (3) Day Notice to Perform Covenant or Quit
Three (3) Day Notice to Quit
Thirty (30) Day Notice to Quit
The specific notice required depends upon the person (basis) for wanting to evict the tenant(s). The notice must be sent in compliance with state law
Within the notice time period (3 or 30 days) the tenant(s) must comply with the requirements of the notice (ie. pay the full amount, move from the premises, etc.) If the time period expires and the tenant(s) have not moved nor complied with the notice, a landlord cannot automatically take possession of the premises. California law requires that the landlord "Sue the tenant for eviction." This requires the filing of an Unlawful Detainer action in court.
The UD action is started by the filing of a document called a Complaint. A Summons is also issued by the court informing the tenant that they have five (5) days from the date of service to respond in writing to the court. After filing, the Summons and Complaint must be served upon the tenant(s) in compliance with California law.
After service, the tenant has two options: (1) Respond in writing to the court or (2) Do nothing. If the tenant(s) do not respond to the legal action, a default judgment by clerk is requested. When granted and entered, a clerk's judgment for possession will be entered by the court.
If the tenant responds by filing an answer, a trial date must be requested. If a trial is necessary, the court will award a judgment wither for the landlord or tenant. If judgment is granted to the landlord, a judgment for possession of the premises and money damages will be awarded.
Once a judgment is entered, either by default or after trial a Writ of Possession must be obtained from the court. The issued Writ of Possession is given to the local sheriff or marshal for execution. The sheriff or marshal will process the documents, post a "Notice to Vacate" on the premises giving the tenant(s) five (5) days to move out or be forcibly evicted. After the time period in the notice to vacate expires, the levying officer will return and forcibly remove the tenant(s) from the premises and return possession to the landlord.
"Self help" by a landlord is illegal in California. The above procedure (UD) is the method required to be utilized to lawfully remove a tenant from possession belonging to the landlord.
The above is a brief general outline of the California eviction procedure and process. It may not be exact nor specific to each and every UD case, but is intended as a general statement of procedure for eviction. An attorney should be consulted in all eviction matters prior to commencing the eviction procedure.