Fillable Forms To Respond To An Eviction (Superior Court of California)

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Forms To Respond To An Eviction (Superior Court of California)

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answers the complaint as follows:
2. Check ONLY ONE of the next two boxes:
a.
b.
defendant has no information or belief that the following statements of the complaint are true, so defendant denies
them (state paragraph numbers from the complaint or explain below or on form MC-025):
AFFIRMATIVE DEFENSES (NOTE: For each box checked, you must state brief facts to support it in item 3l (page 2).)
a.
b.
c.
d.
e.
g.
h.
Form Approved for Optional Use
Judicial Council of California
UD-105 [Rev. September 1, 2019]
Civil Code, § 1940 et seq.;
Code of Civil Procedure, §§ 425.12, 1161 et seq.
www.courts.ca.gov
ANSWER—UNLAWFUL DETAINER
Page 1 of 2
i.
(1)
(2)
ATTORNEY OR PARTY WITHOUT ATTORNEY
STATE BAR NUMBER:
NAME:
FIRM NAME:
STREET ADDRESS:
CITY: STATE: ZIP CODE:
TELEPHONE NO.: FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
Plaintiff:
Defendant:
FOR COURT USE ONLY
CASE NUMBER:
ANSWER—UNLAWFUL DETAINER
UD-105
1.
3.
Defendant generally denies each statement of the complaint. (Do not check this box if the complaint demands more than
$1,000.)
Defendant admits that all of the statements of the complaint are true EXCEPT
defendant claims the following statements of the complaint are false (state paragraph numbers from the complaint or
explain below or on form MC-025):
Explanation is on MC-025, titled as Attachment 2b(1).
Explanation is on MC-025, titled as Attachment 2b(2).
(Nonpayment of rent only) Plaintiff has breached the warranty to provide habitable premises.
(Nonpayment of rent only) Defendant made needed repairs and properly deducted the cost from the rent, and plaintiff did
not give proper credit.
(Nonpayment of rent only)
On (date):
Plaintiff served defendant with the notice to quit or filed the complaint to retaliate against defendant.
Plaintiff waived, changed, or canceled the notice to quit.
Plaintiff's demand for possession violates the local rent control or eviction control ordinance of (city or county, title of
ordinance, and date of passage):
(Also, briefly state in item 3l the facts showing violation of the ordinance.)
Plaintiff accepted rent from defendant to cover a period of time after the date the notice to quit expired.
Defendant (each defendant for whom this answer is filed must be named and must sign this answer unless his or her attorney
signs):
Plaintiff seeks to evict defendant based on an act against defendant or a member of defendant's household that
constitutes domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult. (This
defense requires one of the following: (1) a temporary restraining order, protective order, or police report that is not
more than 180 days old; OR (2) a signed statement from a qualified third party (e.g., a doctor, domestic violence or
sexual assault counselor, human trafficking caseworker, or psychologist) concerning the injuries or abuse resulting from
these acts.)
f.
By serving defendant with the notice to quit or filing the complaint, plaintiff is arbitrarily discriminating against the
defendant in violation of the Constitution or the laws of the United States or California.
before the notice to pay or quit expired, defendant offered
the rent due but plaintiff would not accept it.
To keep other people from
seeing what you entered on
your form, please press the
Clear This Form button at
the end of the form when
finished.
Self Represented Litigant
San Bernardino
Facts supporting affirmative defenses checked above (identify facts for each item by its letter below or on form MC-025):
OTHER STATEMENTS
(date):
a.
b.
c.
DEFENDANT REQUESTS
a. that plaintiff take nothing requested in the complaint.
costs incurred in this proceeding.
c.
d.
e.
Number of pages attached:
6.
UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400-6415)
(Must be completed in all cases.) An unlawful detainer assistant for compensation give advice or
assistance with this form. (If defendant has received any help or advice for pay from an unlawful detainer assistant, state):
assistant's name:
street address, city, and zip code:
county of registration: registration number:
expiration date:
VERIFICATION
(Use a different verification form if the verification is by an attorney or for a corporation or partnership.)
I am the defendant in this proceeding and have read this answer. I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
(TYPE OR PRINT NAME)
(SIGNATURE OF DEFENDANT)
ANSWER—UNLAWFUL DETAINER
UD-105 [Rev. September 1, 2019]
Page 2 of 2
UD-105
(Each defendant for whom this answer is filed must be named in item 1 and must sign this answer unless his or her attorney signs.)
AFFIRMATIVE DEFENSES (cont'd.)
3.
l.
4.
5.
7.
a.
c.
d.
Description of facts is on MC-025, titled as Attachment 3l.
Defendant vacated the premises on
The fair rental value of the premises alleged in the complaint is excessive (explain below or on form MC-025):
Explanation is on MC-025, titled as Attachment 4b.
Other (specify below or on form MC-025 in attachment):
Other statements are on MC-025, titled as Attachment 4c.
reasonable attorney fees.
that plaintiff be ordered to (1) make repairs and correct the conditions that constitute a breach of the warranty to provide
habitable premises and (2) reduce the monthly rent to a reasonable rental value until the conditions are corrected.
Other (specify below or on form MC-025):
All other requests are stated on MC-025, titled as Attachment 5e.
b.
e. f.
b.
(TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY)
Date:
k.
Other affirmative defenses are stated in item 3l.
j.
Plaintiff seeks to evict defendant based on defendant or another person calling the police or emergency assistance (e.g.,
ambulance) by or on behalf of a victim of abuse, a victim of crime, or an individual in an emergency when defendant or
the other person believed that assistance was necessary.
did not did
telephone number:
CASE NUMBER:
Print This Form
Clear This Form
For your protection and privacy, please press the Clear This Form
button after you have printed the form.
✔
Case Name: ______________________
Case No.: ________________________
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ATTACHMENT 3l
___ Defendant does not owe the rent and/or damages demanded because plaintiff has failed to
provide defendant with a habitable dwelling as follows:
___ Damp/leaking ceiling/walls
___ Hole(s) in walls/floor/carpet
___ Falling plaster/peeling paint
___ Common areas unclean
___ Inadequate trash collection
___ Unsafe stairways/locks
___ Defective electrical/wiring
___ Missing/broken smoke detectors
___ Infestation of roaches/rodents/vermin
___ Lack of/inadequate heat
___ Lack of/inadequate hot water
___ Missing/torn window screens
___ Defective/leaking plumbing
___ Other: _____________________
___ The defective conditions listed above have existed and have not been abated for 60 days
after notice as set forth in Civil Code Section 1942.3. These uncorrected conditions create a
rebuttable presumption that plaintiff breached the warranty of habitability.
___ The defective conditions listed above have existed and have not been abated for 35 days
after notice as set forth in Civil Code Section 1942.4. Thus, plaintiff’s notice to pay was
unlawful and violated Civil Code Section 1942.4(a).
___ Within the notice period, the rent demanded was tendered but refused by the plaintiff.
___ The notice to pay was not proper because:
___ It demanded more rent than defendant
owed.
___ It was served before the rent was late.
___ It was not served properly.
___ It was not served.
___ It asked for rent for a period beyond
one year.
___ It fails to comply with Code of Civil
Procedure Section 1161(2) (where, when,
how and whom to pay).
___ Plaintiff’s past acceptance of late rent waived the right to enforce timely payment; and/or
since the defendant relied on plaintiff’s failure to enforce timely payment, plaintiff is estopped
from enforcing the rent timeliness provision unless notice is given that the said provision will be
strictly enforced.
___ Plaintiff filed this action in retaliation against defendant because defendant:
___ Complained to a government agency.
___ Suffered an injury on the property.
___ Other: _______________________
___ Requested repairs.
___ Prevailed in a prior unlawful detainer
action.
___ Plaintiff is acting arbitrarily and is discriminating against defendant in violation of the laws
of California and the United States because of defendant’s:
___ Race
___ Religion
___ Marital status
___ Children
___ Gender
___ Health status
Case Name: ______________________
Case No.: ________________________
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___ The Notice to Quit is defective because:
___ It did not give defendant sixty days to
move (Civil Code Section 1946.1).
___ It did not unequivocally demand
possession.
___ It did not adequately describe the
property.
___ It did not give three days to cure the
breach and/or was not in the alternative.
___ It did not specify what defendant must
do to cure the breach.
___ It was not served properly.
___ It was not served.
___ Plaintiff accepted rent with actual and/or constructive knowledge of the alleged breach.
Thus, plaintiff waived the breach and/or is estopped from evicting the defendant.
___ Plaintiff accepted rent from defendant for a period of time after the notice expired. Thus,
plaintiff has waived the breach.
___ The complaint was filed before the expiration of the notice.
At the time of service I was over 18 years of age and not a party to this action.
I served the documents on the person or persons below, as follows:
b.
PROOF OF SERVICE—CIVIL
(Proof of Service)
Code of Civil Procedure, §§ 1011, 1013, 1013a,
2015.5; Cal. Rules of Court, rule 2.306
www.courts.ca.gov
Form Approved for Optional Use
Judicial Council of California
POS-040 [Rev. January 1, 2016]
The documents were served by the following means (specify):
Do not use this form to show service of a summons and complaint or for electronic service.
See USE OF THIS FORM on page 3.
3.
4.
5.
(1)
c.
6.
a.
(2)
1.
2.
Page 1 of 3
My residence or business address is:
On (date): I served the following documents (specify):
The documents are listed in the Attachment to Proof of Service–Civil (Documents Served) (form POS-040(D)).
Name of person served:
Business or residential address where person was served:
(Complete if service was by fax.)
Fax number where person was served:
Time of service:
The names, addresses, and other applicable information about persons served is on the Attachment to Proof of Service—
Civil (Persons Served) (form POS-040(P)).
By personal service. I personally delivered the documents to the persons at the addresses listed in item 5. (1) For a
party represented by an attorney, delivery was made (a) to the attorney personally; or (b) by leaving the documents at the
attorney's office, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an
individual in charge of the office; or (c) if there was no person in the office with whom the notice or papers could be left, by
leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the evening. (2) For
a party, delivery was made to the party or by leaving the documents at the party's residence with some person not
younger than 18 years of age between the hours of eight in the morning and six in the evening.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
BRANCH NAME:
CITY AND ZIP CODE:
STREET ADDRESS:
MAILING ADDRESS:
Plaintiff/Petitioner:
Defendant/Respondent:
FOR COURT USE ONLY
CASE NUMBER:
DEPARTMENT:
JUDICIAL OFFICER:
PROOF OF SERVICE—CIVIL
Check method of service (only one):
By Overnight DeliveryBy Personal Service
By Messenger Service
By Mail
By Fax
POS-040
ATTORNEY OR PARTY WITHOUT ATTORNEY:
STATE: ZIP CODE:CITY:
STREET ADDRESS:
FIRM NAME:
NAME:
STATE BAR NO:
TELEPHONE NO.: FAX NO. :
E-MAIL ADDRESS:
ATTORNEY FOR (name):
The fax number from which I served the documents is (complete if service was by fax):
a.
(Complete if service was by personal service, mail, overnight delivery, or messenger service.)
Self Represented Litigant
San Bernardino
✔
Answer to Unlawful Detainer and Attachment 3l
I am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at
(city and state):
(SIGNATURE OF DECLARANT)
b.
c.
d.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
DECLARATION OF MESSENGER
PROOF OF SERVICE—CIVIL
(Proof of Service)
POS-040 [Rev. January 1, 2016]
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
(If item 6d above is checked, the declaration below must be completed or a separate declaration from a messenger must be attached.)
e.
6.
At the time of service, I was over 18 years of age. I am not a party to the above-referenced legal proceeding.
POS-040
Page 2 of 3
By United States mail. I enclosed the documents in a sealed envelope or package addressed to the persons at the
addresses in item 5 and (specify one):
deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid.
placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this
business's practice for collecting and processing correspondence for mailing. On the same day that correspondence
is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal
Service, in a sealed envelope with postage fully prepaid.
By overnight delivery. I enclosed the documents in an envelope or package provided by an overnight delivery carrier
and addressed to the persons at the addresses in item 5. I placed the envelope or package for collection and overnight
delivery at an office or a regularly utilized drop box of the overnight delivery carrier.
By messenger service. I served the documents by placing them in an envelope or package addressed to the persons at
the addresses listed in item 5 and providing them to a professional messenger service for service. (A declaration by the
messenger must accompany this Proof of Service or be contained in the Declaration of Messenger below.)
By fax transmission. Based on an agreement of the parties to accept service by fax transmission, I faxed the documents
to the persons at the fax numbers listed in item 5. No error was reported by the fax machine that I used. A copy of the
record of the fax transmission, which I printed out, is attached.
Date:
(TYPE OR PRINT NAME OF DECLARANT)
By personal service. I personally delivered the envelope or package received from the declarant above to the persons at the
addresses listed in item 5. (1) For a party represented by an attorney, delivery was made (a) to the attorney personally; or (b) by
leaving the documents at the attorney's office, in an envelope or package clearly labeled to identify the attorney being served,
with a receptionist or an individual in charge of the office; or (c) if there was no person in the office with whom the notice or
papers could be left, by leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the
evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person
not younger than 18 years of age between the hours of eight in the morning and six in the evening.
I served the envelope or package, as stated above, on (date):
Date:
(NAME OF DECLARANT)
(1)
(2)
(SIGNATURE OF DECLARANT)
CASE NUMBER:CASE NAME:
✔
✔
INFORMATION SHEET FOR PROOF OF SERVICE—CIVIL
USE OF THIS FORM
This form is designed to be used to show proof of service of documents by (1) personal service, (2) mail, (3) overnight
delivery, (4) messenger service, or (5) fax.
Also, this proof of service form should not be used to show proof of electronic service. For that purpose, use Proof of
Electronic Service (form POS-050).
A person must be over 18 years of age to serve the documents. The person who served the documents must complete
the Proof of Service. A party to the action cannot serve the documents.
The Proof of Service should be typed or printed. If you have Internet access, a fillable version of this proof of service form
is available at www.courts.ca.gov/forms.htm.
Second box, left side: Print the name of the county in which the legal action is filed and the court's address in this box.
The address for the court should be the same as the address on the documents that you served.
Third box, right side: State the judge and department assigned to the case, if known.
First box, top of form, right side: Leave this box blank for the court’s use.
Complete items 1–6:
You are stating that you are over the age of 18.
Print your home or business address.
List each document that you served. If you need more space, check the box in item 4, complete the Attachment to
Proof of Service—Civil (Documents Served) (form POS-040(D)), and attach it to form POS-040.
Provide the names, addresses, and other applicable information about the persons served. If more than one person
was served, check the box on item 5, complete the Attachment to Proof of Service—Civil (Persons Served) (form
POS-040(P)), and attach it to form POS-040.
Check the box before the method of service that was used, and provide any additional information that is required.
The law may require that documents be served in a particular manner (such as by personal delivery) for certain
purposes. Service by fax generally requires the prior agreement of the parties.
You must sign and date the proof of service form. By signing, you are stating under penalty of perjury that the
information that you have provided on form POS-040 is true and correct.
PROOF OF SERVICE—CIVIL
(Proof of Service)
POS-040 [Rev. January 1, 2016
GENERAL INSTRUCTIONS
Second box, right side: Print the case number in this box. The case number should be the same as the case number on
the documents that you served.
2.
1.
4.
5.
(This information sheet is not part of the official proof of service form and does not need to be copied, served, or filed.)
Certain documents must be personally served. For example, an order to show cause and temporary restraining order
generally must be served by personal delivery. You must determine whether a document must be personally delivered or
can be served by mail or another method.
Complete the top section of the proof of service form as follows:
Fourth box, left side: Check the method of service that was used. You should check only one method of service and
should show proof of only one method on the form. If you served a party by several methods, use a separate form to show
each method of service.
Third box, left side: Print the names of the plaintiff/petitioner and defendant/respondent in this box. Use the same names
as are on the documents that you served.
First box, left side: In this box print the name, address, and telephone number of the person for whom you served the
documents.
6.
If service was by fax service, print the fax number from which service was made.
3.
POS-040
Page 3 of 3
This proof of service form should not be used to show proof of service of a summons and complaint. For that purpose,
use Proof of Service of Summons (form POS-010).
Print This Form
For your protection and privacy, please press the Clear This Form
button after you have printed the form.
Clear This Form
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paperwork.
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Review
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have them reviewed. It is important to follow this step because our staff has been
trained to review these forms and help you make any necessary changes or
answer any other questions that you may have.
Copy
Make (2) copies of your corrected originals and then you will be ready to file your
paperwork.
Serve
After copying, your Answer must be served on the plaintiff by regular mail. The
person that performs the service must be at least 18 years of age and not a party
to the case. Remember, YOU cannot mail this paperwork yourself. The person
that mails the copy to the other party will fill out the proof of service form and
sign it.
Finishing up
Now you are ready to file your paperwork. Take the Answer along with the signed
proof of service to the clerk’s office within the court listed in your paperwork. If
you are not able to pay some or all of your court fees you can also file a Request
for a Fee Waiver form at this time.
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Forms To Respond To An Eviction (Superior Court of California)

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Completed 15 July 2020

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