PLAINTIFF:
UD-100
Defendant named above is in possession of the premises located at (street address, apt. no., city, zip code, and county):
alleges causes of action against DEFENDANT (name each):
2.
Plaintiff's interest in the premises is
Civil Code, § 1940 et seq.
Code of Civil Procedure §§ 425.12, 1166
www.courtinfo.ca.gov
Form Approved for Optional Use
Judicial Council of California
UD–100 [Rev. July 1, 2005]
Page 1 of 3
a partnership.
a public agency.
other (specify):
(2) agreed to pay rent of $ payable monthly other (specify frequency):
(1) agreed to rent the premises as a
On or about (date):
The true names and capacities of defendants sued as Does are unknown to plaintiff.
month-to-month tenancy other tenancy (specify):
Plaintiff has complied with the fictitious business name laws and is doing business under the fictitious name of (specify):
PLAINTIFF (name each):
COMPLAINT—UNLAWFUL DETAINER
DOES 1 TO
agreed to pay rent on the first of the month other day (specify):
oral agreement was made with
* NOTE: Do not use this form for evictions after sale (Code Civ. Proc., § 1161a).
1.
plaintiff's predecessor in interest.
other (specify):
(3)
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FAX NO. (Optional):
TELEPHONE NO.:
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
CASE NUMBER:
COMPLAINT — UNLAWFUL DETAINER*
COMPLAINT
AMENDED COMPLAINT (Amendment Number):
DEFENDANT:
a. Plaintiff is
(1)
(2)
(3)
an individual over the age of 18 years. (4)
(5)
a corporation.
Jurisdiction (check all that apply):
from limited to unlimited
from unlimited to limited
ACTION IS AN UNLIMITED CIVIL CASE (amount demanded exceeds $25,000)
exceeds $10,000 but does not exceed $25,000
ACTION IS A LIMITED CIVIL CASE
Amount demanded
does not exceed $10,000
ACTION IS RECLASSIFIED by this amended complaint or cross-complaint (check all that apply):
from unlawful detainer to general unlimited civil (possession not in issue)
from unlawful detainer to general limited civil (possession not in issue)
(1)
(2)
plaintiff.
plaintiff's agent.
(3)
(4)
b. This written
6. a.
defendant (name each):
b.
3.
4. other (specify):as owner
5.
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COMPLAINT—UNLAWFUL DETAINER
CASE NUMBER:
Page 2 of 3
by personally handing a copy to defendant on (date):
f.
A copy of the notice is attached and labeled Exhibit 2. (Required for residential property. See Code Civ. Proc.,
§ 1166.)
c.
The notice included an election of forfeiture.
b.
All facts stated in the notice are true.
The notice in item 7a was served on the defendant named in item 7a as follows:
One or more defendants were served (1) with a different notice, (2) on a different date, or (3) in a different
manner, as stated in Attachment 8c. (Check item 8c and attach a statement providing the information required
by items 7a–e and 8 for each defendant.)
by leaving a copy with (name or description):
8.
(Not for 3-day notice; see Civil Code, § 1946 before using) by sending a copy by certified or registered (4)
(Not for residential tenancies; see Civil Code, § 1953 before using) in the manner specified in a written
commercial lease between the parties.
e.
d.
(Name):
(5)
(2)
Information about service of notice on the defendants alleged in item 7f is stated in Attachment 8c.
b.
Defendants failed to comply with the requirements of the notice by that date.
by posting a copy on the premises on (date):
was served on behalf of all defendants who signed a joint written rental agreement.
Proof of service of the notice in item 7a is attached and labeled Exhibit 3.
a.
7. a.
UD-100 [Rev. July 1, 2005]
(For residential property) A copy of the written agreement is not attached because (specify reason):
the period stated in the notice expired at the end of the day.
(3)
6.
The agreement was later changed as follows (specify):
Defendant (name each):
was served the following notice on the same date and in the same manner:
The defendants not named in item 6a are
subtenants.
PLAINTIFF (Name):
DEFENDANT(Name):
a person of suitable age and discretion, on (date):
because defendant cannot be found at defendant's residence or usual
AND mailing a copy to defendant at defendant's place of residence on
assignees.
other (specify):
(1)
(2)
(3)
c.
d.
because defendant's residence and usual place of business cannot be ascertained OR
because no person of suitable age or discretion can be found there.
(a)
(b)
(1)
(2)
,
person found residing at the premises AND mailing a copy to defendant at the premises on
AND giving a copy to a
business residence
at defendant's
d.
c.
e.
A copy of the written agreement, including any addenda or attachments that form the basis of this complaint, is attached
and labeled Exhibit 1. (Required for residential property, unless item 6f is checked. See Code Civ. Proc., § 1166.)
f.
(1)
(2)
the written agreement is not in the possession of the landlord or the landlord's employees or agents.
this action is solely for nonpayment of rent (Code Civ. Proc., § 1161(2)).
(4)
(5)
(6)
(1)
(2)
(3)
3-day notice to pay rent or quit
30-day notice to quit
60-day notice to quit
3-day notice to perform covenants or quit
3-day notice to quit
Other (specify):
(1) On (date):
place of business.
(date):
(date):
mail addressed to defendant on (date):
COMPLAINT—UNLAWFUL DETAINER
CASE NUMBER:
PLAINTIFF (Name):
DEFENDANT(Name):
Page 3 of 3
19.
d.
(TYPE OR PRINT NAME)
(Complete in all cases.) An unlawful detainer assistant did not did for compensation give advice or assistance
with this form. (If plaintiff has received any help or advice for pay from an unlawful detainer assistant, state:)
b.
(SIGNATURE OF PLAINTIFF OR ATTORNEY)
UD-100 [Rev. July 1, 2005]
UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400–6415)
Assistant's name:
c.
Street address, city, and zip code:
Telephone No.:
VERIFICATION
(TYPE OR PRINT NAME)
(SIGNATURE OF PLAINTIFF )
Date:
costs incurred in this proceeding:
a.
h.
17. PLAINTIFF REQUESTS
possession of the premises.
statutory damages up to $600 for the conduct alleged in item 12.
other (specify):
18. Number of pages attached (specify):
(Use a different verification form if the verification is by an attorney or for a corporation or partnership.)
I am the plaintiff in this proceeding and have read this complaint. I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Registration No.:
defendants remain in possession through entry of judgment.
g.
Plaintiff has met all applicable requirements of the ordinances.
Other allegations are stated in Attachment 15.
15.
Plaintiff accepts the jurisdictional limit, if any, of the court.16.
Date:
Defendant's tenancy is subject to the local rent control or eviction control ordinance of (city or county, title of ordinance, 14.
County of registration:
Expires on (date):
f.
Defendant's continued possession is malicious, and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b). (State specific facts supporting a claim up to $600 in Attachment 12.)
A written agreement between the parties provides for attorney fees.13.
and date of passage):
At the time the 3-day notice to pay rent or quit was served, the amount of rent due was $
Plaintiff demands possession from each defendant because of expiration of a fixed-term lease.
The fair rental value of the premises is $
per day.
e.
a.
b.
c.
d.
e.
damages at the rate stated in item 11 from
f.
reasonable attorney fees.
forfeiture of the agreement.
past-due rent of $
for each day that
(date):
9.
10.
11.
12.
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