Tomales is a very small Census community in northern Marin County: 187 residents at the 2020 Census, in about a third of a square mile. It sits close to the Sonoma County line, about 27 miles in a straight line from the Hall of Justice in San Rafael and about 80 miles from our Sacramento office. The town is small, but its ZIP Code isn't, and that shapes how papers get delivered here.
The sections below focus on rental property: evictions, the Sheriff's lockout that follows a judgment, and the small claims cases landlords and tenants bring over deposits and damage. There's also the ZIP Code Tomales shares with Dillon Beach.
A town of 187 inside a 22-square-mile ZIP
The Census Bureau's 2020 ZCTA to place relationship file gives ZIP Code area 94971 about 22.2 square miles of land and 1.8 square miles of water. Two Census communities fall inside it:
- Tomales: about 0.33 square miles, all of it in 94971.
- Dillon Beach: about 2 square miles of its land, roughly 68% of that community, with the rest in another ZIP.
Everything else, about 19.8 square miles or 89% of the land, is outside any city or Census community. A "Tomales, CA 94971" address might be a house in the small town grid, a place in Dillon Beach, or a ranch residence miles from either. For a rental, the lease usually names the unit; a ranch with more than one dwelling needs to say which one.
The notice that comes before the lawsuit
Most evictions start with a written notice, such as a notice to pay rent or quit, before any complaint is filed. CCP § 1162 lists three ways to serve the notices an unlawful detainer depends on, in order:
- Personal delivery to the tenant.
- If the tenant is away from both home and usual place of business, leaving a copy with a person of suitable age and discretion at either place and mailing a copy to the tenant's residence.
- If neither place can be found, or no suitable person is there, posting a copy in a conspicuous place on the property, handing a copy to someone living there if anyone can be found, and mailing a copy to the property address.
Commercial tenants follow a slightly different version of the same ladder in § 1162(b). For a ranch house or cottage with no other adult around, the posting route may be the realistic one, but only after the first two steps have been tried. A server's notes on each try help later if the tenant disputes the notice. General information, not legal advice.
Where a Tomales eviction is filed
Under CCP § 392, the superior court in the county where the real property sits is the proper court for an action to recover that property. For a Tomales rental, that's Marin Superior Court, whose only filing counter is the Clerk's Office in Room 113 of the Hall of Justice, 3501 Civic Center Drive, San Rafael. The same section says an unlawful detainer belongs at the court location nearest or most accessible to the property; in Marin there's only one.
Some working details:
- Counter hours. 8:00 a.m. to noon and 1:00 to 4:00 p.m. on weekdays; new cases should arrive before 3:30 p.m., with the original and at least two copies.
- Attorneys e-file. Represented landlords file electronically. Under Administrative Order 26-01, each later document that needs its own file stamp, such as a declaration or a proof of service, is e-filed as a separate PDF; the papers that open the case can still go in together.
- Self-represented landlords can e-file, mail the papers or use the drop box, and the court processes them in the order received.
Our Marin County court filing service can file the complaint and then route the summons straight to service, on one request.
Serving the tenant
An eviction can't move until each tenant is served with the summons and complaint. How they're served sets the answer deadline. The California Courts self-help guide says:
- Handed to the tenant, or left near them if they refused to take it: 10 court days to file an answer.
- Left with another adult at the home or work and mailed, or posted and mailed: 10 calendar days from the mailing, then 10 court days.
Court days leave out Saturdays, Sundays and court holidays. A landlord who counts from the wrong start date may ask for a default too early, so the date and method on the proof of service matter as much as the delivery. Posting requires a court order based on a showing that the tenant couldn't be served by other means with reasonable diligence, so the server's record of attempts should note each date, time and result. Our proof of service guide shows how that record appears on the signed form. General information, not legal advice.
For a rural Tomales rental, send the unit description, any gate code and the tenant's vehicle and schedule. If you know the tenant also has a work address, include it; personal delivery there starts the shortest clock.
Papers to serve in Tomales?
After judgment: the Sheriff's lockout
A private server delivers the eviction papers. Only the Sheriff carries out the lockout. The Marin County Sheriff's Civil Services page sets out the steps:
- Court order first. The Sheriff can't act until the landlord has a court order, normally a Writ of Possession of Real Property (form EJ-130).
- Paperwork. The landlord brings the original writ and one copy, the Sheriff's eviction instruction form, and any special instruction form.
- Fee. $180 per address under the schedule effective January 1, 2024. A re-post is $125 and a cancellation $50.
- Notice to Vacate. The Sheriff serves a five-day Notice to Vacate, either personally on the occupant or by posting it at the property with a copy mailed there.
- Restoration appointment. After the notice, the civil deputy tells the landlord's local contact person the date and time of the lockout and gives them an Eviction Restoration Notice explaining the penalties for unlawful re-entry and the rules for personal property left behind.
Evictions are carried out on weekdays only and depend on the deputy's availability. The Sheriff's office is at 1600 Los Gamos Drive, Suite 200, San Rafael, about 25 miles from Tomales. A landlord who lives elsewhere should name a local contact who can meet the deputy at the property on short notice.
Collecting a judgment for unpaid rent
A judgment for back rent or damages doesn't pay itself. The Sheriff's page describes the two collection tools landlords use most, both of which start with a writ of execution from the court:
- Wage garnishment. The Sheriff needs the original writ and one copy, an original Application for Earnings Withholding Order (form WG-001) and a $45 fee. It serves the employer or payroll office, which must be in Marin County. The employer then has 15 days to complete and return the Employer's Return, and the page says no more than 25% of the debtor's disposable earnings can be withheld.
- Bank or third-party levy. The Sheriff needs the original writ and one copy, a letter of instruction naming the bank or third party and the debtor, and a $50 fee. A bank levy reaches only what's in the account on the day it's served, so it can be repeated if the first one falls short.
A debtor who can't afford the full withholding can file a Claim of Exemption (WG-006) with a Financial Statement (WG-007), an original and two copies, with the Sheriff. If the former tenant's employer or bank is outside Marin, the Marin Sheriff can't serve it, because its page requires a Marin County address. General information, not legal advice.
Deposits, damage and other landlord-tenant claims
Not every dispute is an eviction. Marin's Civil Division page notes that most other landlord-tenant disputes, such as the return of a deposit or claims of damage to property, are generally handled in small claims court. The court's small claims page lists a limit of $12,500 for individuals, and says claims can be filed in person, by mail or through eFiling.
Free help is available from the court's small claims advisors, who work out of the Legal Self Help Center in Room C-44 of the Hall of Justice:
- In person: drop-in, 8:30 a.m. to noon, Tuesday through Thursday; arrive by 10:30 a.m.
- Phone: (415) 444-7130, 8:30 a.m. to noon weekdays, plus 1:00 to 3:00 p.m. on Tuesdays and Thursdays.
- Zoom: drop-in clinics 8:30 a.m. to noon on Mondays and Fridays.
- Email: 8:30 a.m. to 3:00 p.m. weekdays.
The Sheriff's page notes that small claims hearings are set no earlier than 20 days and no later than 70 days after filing, and suggests asking for the longest date available to leave time for service. A defendant who lives in Marin must be personally served at least 15 days before the hearing, or at least 25 days before if substituted service is used. The person who filed can't serve the claim. Our guide on who can serve papers in California explains who can.
Tenants who move north
Tomales is about 5.4 miles from Valley Ford and 7.9 miles from Bodega, both across the line in Sonoma County. When a former tenant moves there, the case about the Tomales rental doesn't move with them; it stays in Marin. The service plan changes, though:
- The Marin Sheriff's page says it serves only addresses in Marin County.
- In small claims, a defendant living in another county gets 20 days of personal service before the hearing instead of 15, or 30 days for substituted service, according to the Sheriff's page.
- A private server can take the Sonoma address on the same request as any Marin one.
If you don't have a new address at all, skip tracing can look for one before the hearing date gets close. Our post on skip tracing for legal cases explains the process.
Diligence after January 1, 2027
AB 747 amends CCP § 415.20(b)(2). From January 1, 2027, three good-faith attempts at personal delivery, on 3 different days at 3 different times, show reasonable diligence before papers are left with another adult at the tenant's home or workplace. The county clerk's register of process servers also becomes public. Our AB 747 guide explains both changes. General information, not legal advice.
Sending a Tomales request
- Upload up to 5 PDFs to the Service Request: the summons, complaint and any attachments.
- Name every tenant as the papers do, and say how many adults live in the unit.
- Describe the rental: the unit or building, gate details and parking.
- Add the deadline, and call 855-582-5776 before choosing Rush for a rural address.
Get the updates by email, or email Service@ValproAttorneyServices.com, Monday through Friday, 8:30 a.m. to 5 p.m. For a property-management company or LLC landlord, our serving corporations page covers agents for service. We make no guarantees for service.
Near Tomales
Dillon Beach is about 2.8 miles west. Valley Ford, in Sonoma County, is 5.4 miles north, and Marshall 6 miles south on Tomales Bay. Bodega is 7.9 miles and Bodega Bay 8.7 miles northwest. Every community we serve in the county is on our Marin County page.