Fill - Free fillable SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE SELF-HELP (The Superior Court of California

SHC-UD-04 (Rev. 12/07/2020)

Please visit our Self-Help Portal at: https://selfhelp.occourts.org

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SUPERIOR COURT OF CALIFORNIA

COUNTY OF ORANGE

SELF-HELP CENTER

www.occourts.org/self-help

ANSWERING AN UNLAWFUL DETAINER CASE

The Self-Help Center provides a free document review

service. To obtain an appointment to have your documents

reviewed, you must first fully complete the forms.

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Self-Help Center Locations:

AFTER THE COURT’S DECISION

If the Court decides in favor of the tenant, the tenant will

not have to move, and the landlord may be ordered to pay

the tenant’s court costs (for example, filing fees) and the

tenant’s attorney fees. However, the tenant will have to

pay any rent that the Court orders.

If the landlord wins, the tenant will have to move. In

addition, the Court may order the tenant to pay the

landlord’s court costs and attorney fees, and any proven

damages, such as overdue rent or the cost of repairs if

damage was done to the premises.

WRIT OF POSSESSION

If a judgment is entered against you and you do not move

out, the Court will issue a Writ of Possession to the

landlord. The landlord can deliver this legal document to

the Sheriff, who will then forcibly evict you from the rental

unit if you don’t leave promptly.

Before evicting you, the Sheriff will serve you with a copy

of the Writ of Possession. The Writ of Possession

instructs you that you must move out within five days after

the writ is served on you, and that if you do not move out,

the Sheriff will remove you from the rental unit and place

the landlord in possession of it. The cost of serving the

Writ of Possession will be added to the other costs of the

suit that the landlord will collect from you.

FORMS

The following forms are available on the Court’s Web-site

at: www.occourts.org

or at the Court Clerk’s Office.

UD-105 Answer – Unlawful Detainer

POS-030 Proof of Service by First Class Mail

L-80 Fee Waiver Booklet

UD-150 Request/Counter Request to Set Case for

Trial-Unlawful Detainer.

INTERPRETERS

The court will provide free interpreter services in Unlawful

Detainer matters. If you need free interpreter services,

contact the Court Interpreter’s office to request an

interpreter at: http://www.occourts.org/directory/cris/LAP

or call (657) 622-6878 and select option 2 and then option

8 on the phone menus.

QUESTIONS

If you have any legal questions, you must contact an

attorney or do you own research. The Orange County

Law Library is available to the public.

If you have a question regarding the status of your case,

you may look online at www.occourts.org

or contact the

Justice Center where the case is filed. Have your case

number with you.

All documents must be completed properly and

accurately. Any documents needing correction will be

returned. You are responsible for providing copies. A

self-addressed, stamped envelope is required for the

return of your documents.

If you are representing yourself in an Unlawful Detainer

action, you are exempt from the mandatory electronic

filing rules (Code of Civil Procedure, § 1010.6, Orange

County Superior Court Rule 352). If you prefer, you may

electronically file your forms at www.occourts.org

or you

may file in person at the address listed on the Summons

and Complaint.

COURT FEES

Make checks payable to Clerk of the Court.

Pursuant to the Government Code, the Superior Court

must charge for the various documents filed and issued.

A current fee schedule is available at the Clerk’s Office or

at www.occourts.org.

OTHER INFORMATION

ORANGE COUNTY PUBLIC LAW LIBRARY (714) 834-3397

515 N. Flower, Santa Ana

Building 32 (in the Civic Center Plaza)

WWW.OCPLL.ORG

FAIR HOUSING (800) 698-FAIR or (714) 569-0823

The Fair Housing Council is available to answer landlord-tenant

questions, investigate discrimination allegations, and they have a

counselor available.

ORANGE COUNTY BAR LAWYER REFERRAL AND

INFORMATION (949) 440-6747

O.C. APARTMENT ASSOCATION (714) 638-5550

COMMUNITY LEGAL AID SOCAL (714) 571-5200

www.

communitylegalsocal.org (800) 834-5001

Legal Aid is available to answer landlord-tenant

questions through its Hotline, provide community education at

the weekly

Landlord-Tenant Clinic, assist in preparation of

pleadings, and provide representation in certain cases to senior

citizens and very low income tenants.



This pamphlet is for general information only and is not a

substitute for legal advice.

Special thanks to the Community Legal Aid SoCal for

their assistance in the development of this pamphlet.

Form No. L1196 (Rev. March 2019)

Defending an

Unlawful Detainer

Lawsuit

DAVID H. YAMASAKI

CLERK OF THE COURT

SUPERIOR COURT OF CALIFORNIA

COUNTY OF ORANGE

www.occourts.org

Central Justice Center

700 Civic Center Drive West

Santa Ana, CA 92701

(657) 622-6878

Harbor Justice Center

Newport Beach Facility

4601 Jamboree Road

Newport Beach, CA 92660

(657) 622-5400

North Justice Center

1275 North Berkeley Avenue

Fullerton, CA 92832

(657) 622-5600

West Just

ice Center

8141 13

Street

Westminster, CA 92683

(657) 622-5900

This information is intended as a procedural guide only.

You may wish to seek an attorney’s advice.

TIME TO RESPOND TO AN UNLAWFUL

DETAINER LAWSUIT

An unlawful detainer lawsuit is a “summary” court

procedure. This means that the court action moves

forward very quickly, and that the time given the

tenant to respond to the lawsuit is very short. In

most cases, the tenant has only five days,

including weekends, to file a written response to

the lawsuit after being served with a copy of the

Unlawful Detainer complaint. If the fifth day to

answer falls on a weekend or holiday, you can file

your answer on the following Monday or non-

holiday.

HOW TO RESPOND TO AN UNLAWFUL

DETAINER LAWSUIT

Typically, a tenant responds to a landlord’s

complaint by filing a legal document called an

Answer. If you are representing yourself in an

Unlawful Detainer action you are exempt from the

mandatory electronic filing rules (Code of Civil

Procedure, § 1010.6, Orange County Superior Court

Rule 352). You may file your response at the

address listed on the Summons and Complaint. If

you prefer, you may electronically file your

response. Filing information and service providers

can be found at www.occourts.org.

You must also

mail a copy of your answer to the plaintiff’s attorney

or if no attorney, to the plaintiff. Proof of Mailing

must be filed at the same time as the answer. Once

the answer has been filed either party may request

the case be set for trial by filing a “Request/Counter-

Request to Set Case for Trial – Unlawful Detainer”.

LEGAL DEFENSES

You may have a legal defense to the landlord’s

complaint. If so, you must state the defense in your

answer within the five-day period, or you will lose

any defenses that you may have. Some typical

defenses a tenant might have are:

•

The landlord’s three-day notice requested more

rent than was actually due.

•

The landlord did not maintain the property in

condition fit to live (i.e. the landlord breached the

implied warranty of habitability).

•

The landlord filed the eviction action against the

tenant for complaining about the condition of the

rental unit or for exercising a right the tenant has

under the law.

•

The landlord filed the eviction for an unlawful

discriminatory practice.

RETALIATORY ACTIONS AND EVICTIONS

A landlord may try to evict a tenant because the

tenant has complained about a problem in the rental

unit or exercised a legal right. The landlord cannot

retaliate against you because you called the Health

Department or any other government agency about

the condition of your home; you exercised your

rights to repair problems and deducted the cost from

your rent, you organized with other tenants or

formed an tenants’ association or you did anything

else you had a constitutional right to do such as

complaining to your landlord about the condition of

the rental unit.

BREACH OF THE WARRANTY OF

HABITABILITY

Under the law, the tenant does not have to pay full

rent if: there are serious problems that affect a

tenant’s health and safety; the landlord knew about

the problems; had time to fix them, but refused or

failed to do so; and the tenant(s) did not cause the

problem or refuse to allow repairs.

The law does not require the landlord to keep your

rental unit in perfect condition, but the landlord must

provide these basic services: plumbing that works,

hot and cold running water and enough hot water to

wash and bathe, heat, electricity and lights which

work and are safe, window screens, sufficient

extermination to keep out roaches, fleas, bugs and

mice or rats, clean common areas free from trash

and debris, safe and secure stairways and railings,

roofs, walls and windows that do not leak and are

not broken, and adequate security.

DISCRIMINATION

By trying to evict you, the landlord may be unlawfully

discriminating against you or your family. The law

provides that the landlord may not discriminate

against you or try to evict you simply because of

your race or ethnic group, your religion, national

origin or ancestry, your sex, your marital status, your

physical or mental handicap, or your sexual

orientation.

ADDITIONAL LEGAL RESPONSES

Depending on the facts of your case, there are other

legal responses to the landlord’s complaint that you

might file instead of an answer. For example:



If you believe that your landlord did not properly

serve the summons and the complaint, you

might file a Motion to Quash Service of

Summons.



If you believe that the complaint has some

technical defect or does not properly allege the

landlord’s right to evict you, you might file a

Demurrer.

Note: No forms are available for these types of responses. It

is important that you obtain advice from a lawyer before you

attempt to use these types of responses.

APPEARING IN COURT

Before appearing in court, you must carefully

prepare your case. Among other things you should:



Talk with a housing clinic; tenant organization;

attorney; or legal aid organization. This will help

you understand the legal issue in your case and

the evidence you will need.



Decide how you will present the facts that

support your side of the case, e.g., witnesses,

letters, other documents, photographs, video, or

other evidence.



Have at least four copies of all documents that

you intend to use as evidence: an original for the

judge, a copy for the opposing party, a copy for

yourself, and copies for your witnesses.



Ask witnesses to testify at trial if they will help

your case. You can subpoena a witness who

will not testify voluntarily. A subpoena is an

order from the court for a witness to appear.

The subpoena must be served (handed) to the

witness, and can be served by anyone who is

over the age of 18. You can obtain a subpoena

form from the Clerk’s Office. You must pay

witness fees at the time the subpoena is served

on the witness, if the witness requests them.

Defendant has no information or belief that the following statements on the Mandatory Cover Sheet and Supplemental

Allegations—Unlawful Detainer (form UD-101) are true, so defendant denies them (state paragraph numbers from

form UD-101 or explain below or, if more room needed, on form MC-025):

Form Approved for Optional Use

Judicial Council of California

UD-105 [Rev. December 7, 2020]

Civil Code, § 1940 et seq.;

Code of Civil Procedure, §§ 425.12,

1161 et seq., 1179.01 et seq.

ANSWER—UNLAWFUL DETAINER

www.courts.ca.gov

Page 1 of 4

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:

BRANCH NAME:

CITY AND ZIP CODE:

PLAINTIFF:

DEFENDANT:

ANSWER—UNLAWFUL DETAINER

FOR COURT USE ONLY

CASE NUMBER:

UD-105

answers the complaint as follows:

2. DENIALS (Check ONLY ONE of the next two boxes.)

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, if more room needed, on form MC-025):

(1)

(b)

Defendant (all defendants for whom this answer is filed must be named and must sign this answer unless their attorney signs):

Defendant claims the following statements of the complaint are false (state paragraph numbers from the complaint or

explain below or, if more room needed, on form MC-025):

Explanation is on form MC-025, titled as Attachment 2b(1)(a).

Explanation is on form MC-025, titled as Attachment 2b(1)(b).

(b)

Defendant claims the following statements on the Mandatory Cover Sheet and Supplemental Allegations—Unlawful

Detainer (form UD-101) are false (state paragraph numbers from form UD-101 or explain below or, if more room

needed, on form MC-025):

Explanation is on form MC-025, titled as Attachment 2b(2)(b).

Specific Denials (Check this box and complete (1) and (2) below if complaint demands more than $1,000.)

Defendant admits that all of the statements of the complaint and of the Mandatory Cover Sheet and Supplemental

Allegations—Unlawful Detainer (form UD-101) are true EXCEPT:

General Denial (Do not check this box if the complaint demands more than $1,000.)

Defendant generally denies each statement of the complaint and of the Mandatory Cover Sheet and Supplemental

Allegations—Unlawful Detainer (form UD-101).

Denial of Allegations in Complaint (Form UD-100 or Other Complaint for Unlawful Detainer)

(a)

(2)

Denial of Allegations in Mandatory Cover Sheet and Supplemental Allegations—Unlawful Detainer (form UD-101)

(a)

Defendant did not receive plaintiff's Mandatory Cover Sheet and Supplemental Allegations (form UD-101). (If

not checked, complete (b) and (c).)

(c)

Explanation is on form MC-025, titled as Attachment 2b(2)(c).

Orange

700 Civic Center Drive West

Santa Ana, CA 92701

Central Justice Center

UD-105 [Rev. December 7, 2020]

ANSWER—UNLAWFUL DETAINER

Page 2 of 4

UD-105

CASE NUMBER:

(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.

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.

(Also, briefly state in item 3s the facts showing violation of the ordinance.)

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):

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).)

Plaintiff accepted rent from defendant to cover a period of time after the date the notice to quit expired.

Plaintiff violated the Tenant Protection Act in another manner that defeats the complaint.

(4)

(5)

Plaintiff's demand for possession is subject to the Tenant Protection Act of 2019, Civil Code section 1946.2 or 1947.12,

and is not in compliance with the act. (Check all that apply and briefly state in item 3s the facts that support each.)

Plaintiff failed to state a just cause for termination of tenancy in the written notice to terminate.

Plaintiff failed to provide an opportunity to cure any alleged violations of terms and conditions of the lease (other than

payment of rent) as required under Civ. Code, § 1946.2(c).

(1)

(2)

Plaintiff failed to comply with the relocation assistance requirements of Civ. Code, § 1946.2(d).

(3)

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.

Plaintiff's demand for possession of a residential property is in retaliation for nonpayment of rent or other financial

obligations due between March 1, 2020, and January 31, 2021, even though alleged to be based on other reasons. (Civ.

Code, § 1942.5(d).)

m. Plaintiff's demand for possession of a residential property is based on nonpayment of rent or other financial obligations

due between March 1, 2020, and January 31, 2021, and (check all that apply):

Plaintiff has raised the rent more than the amount allowed under Civ. Code, § 1947.12, and the only unpaid rent is the

unauthorized amount.

(2)

(3)

Plaintiff did not serve the required 15-day notice. (Code Civ. Proc., § 1179.03(b) or (c).)

Plaintiff did not provide an unsigned declaration of COVID-19 related financial distress with the 15-day notice. (Code

Civ. Proc., § 1179.03(d).)

–

DEFENSES AND OBJECTIONS (NOTE: For each box checked, you must state brief facts to support it in item 3s (on page 3) or, if

more room is needed, on form MC-025. You can learn more about defenses and objections at

(Nonpayment of rent only) Plaintiff has breached the warranty to provide habitable premises.

(1)

Plaintiff did not serve the general notice of rights under the COVID-19 Tenants Relief Act as required by Code of Civil

Procedure section 1179.04.

(4)

Plaintiff did not provide an unsigned declaration of COVID-19–related financial distress in the language in which the

landlord was required to provide a translation of the rental agreement. (Code Civ. Proc., § 1179.03(d).)

(5) Plaintiff identified defendant as a “high-income tenant” in the 15-day notice, but plaintiff did not possess proof at the

time the notice was served establishing that defendant met the definition of high-income tenant. (Code Civ. Proc.,

§ 1179.02.5(b).)

www.courts.ca.gov/selfhelp-eviction.htm

UD-105 [Rev. December 7, 2020]

ANSWER—UNLAWFUL DETAINER

Page 3 of 4

UD-105

CASE NUMBER:

Other defenses and objections are stated in item 3s.

(For cases filed before January 1, 2021) Plaintiff violated the federal CARES Act, because the property is covered by that

act and (check all that apply):

(1)

The federally-backed mortgage on the property was in forbearance when plaintiff brought the action. (15 U.S.C. §

9057.)

(2)

The plaintiff did not give the required 30 days' notice. (15 U.S.C. § 9058(c).)

(6)

Defendant delivered to plaintiff one or more declarations of COVID-19–related financial distress. (Code Civ.

Proc., § 1179.03(f).) (Describe when and how delivered):

(Provide facts for each item checked above, either below, or, if more room needed, on form MC-025):

OTHER STATEMENTS

Defendant vacated the premises on

(date):

Description of facts or defenses are on form MC-025, titled as Attachment 3s.

(For cases filed before January 1, 2021) Defendant provided plaintiff with a declaration under penalty of perjury for the

Centers for Disease Control and Prevention's temporary halt in evictions to prevent further spread of COVID-19 (85

Federal Register 55292 at 55297), and plaintiff's reason for termination of the tenancy is one that the temporary halt in

evictions applies to. (Describe when and how provided):

(b)

(For cases filed after January 31, 2021) Defendant, on or before January 31, 2021, paid or offered plaintiff

payment of at least 25% of the total rental payments that were due between September 1, 2020, and January 31,

2021, and that were demanded in the termination notices for which defendant delivered the declarations

described in (a). (Code Civ. Proc., § 1179.03(g)(2).)

(7) Defendant is currently filing or has already filed a declaration of COVID-19-related financial distress with the court.

(Code Civ. Proc., § 1179.03(h).)

(a)

(For cases filed before February 1, 2021) Plaintiff's demand for possession of a residential tenancy is based on a reason

other than nonpayment of rent or other financial obligations, and plaintiff lacks just cause for termination of the tenancy,

as defined in Civil Code section 1946.2(b) or Code of Civil Procedure section 1179.03.5(a)(3)(A).

o. Plaintiff violated the COVID-19 Tenant Relief Act of 2020 (Code Civ. Proc., § 1179.01 et seq.) or a local COVID-19

–related ordinance regarding evictions in some other way (briefly state facts describing this in item 3s).

ANSWER—UNLAWFUL DETAINER

Page 4 of 4

UD-105 [Rev. December 7, 2020]

UD-105

CASE NUMBER:

Explanation is on form MC-025, titled as Attachment 4b.

Other (specify below or, if more room needed, on form MC-025):

Other statements are on form MC-025, titled as Attachment 4c.

Number of pages attached:

DEFENDANT REQUESTS

a. that plaintiff take nothing requested in the complaint.

costs incurred in this proceeding.

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 form MC-025, titled as Attachment 5e.

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:

e. f.

did not did

Telephone number:

(Each defendant for whom this answer is filed must be named in item 1 and must sign this answer unless defendant's attorney signs.)

(TYPE OR PRINT NAME)

(SIGNATURE OF DEFENDANT OR ATTORNEY)

(TYPE OR PRINT NAME)

(SIGNATURE OF DEFENDANT OR ATTORNEY)

b.4.

(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.

(SIGNATURE OF DEFENDANT)

VERIFICATION

Date:

(TYPE OR PRINT NAME)

The fair rental value of the premises alleged in the complaint is excessive (explain below or, if more room needed, on

form MC-025):

Detainer

Attachment 3.s.a to UD-105 Answer-Unlawful Detainer

3. Affirmative Defenses

a. Landlord has substantially breached the warranty to provide habitable premises (For each box checked,

you must state brief facts to support the issues):

Waterproofing & Weather Protection Issues (specify):

Gas & Plumbing Issues (specify):

Water Supply Issues (specify):

Heating Issues (specify):

Electricity Issues (specify):

Clean & Sanitary Premises (specify):

Trash Facilities Issues (specify):

Floors, Stairways, & Railings Issues (specify):

Lead Hazard Issues (specify):

Security Device Issues (specify):

Other (specify):

Approved for Optional Use

L-0982 (Rev. Dec. 7, 2020)

Attachment 3.s.a to UD-

105 Answer-Unlawful

Civil Code § 1941.1, § 1941.3

www.occourts.org

Print This Form

For your protection and privacy, please press the Clear This Form button after

you are done printing the form.

Clear This Form

PLAINTIFF/PETITIONER:

DEFENDANT/RESPONDENT:

CASE NUMBER:

Attachment 3.s.b to UD-105 Answer-Unlawful Detainer

3. Affirmative Defenses (Continued)

b. Def

endant made needed repairs and properly deducted the cost from the rent, and

Plaintiff did not give proper credit.

Ther

e were dilapidations rendering the premises untenantable. Defendant took the

following actions:

Defendant gave the landlord notice on (specify date) about the problems by

doing the following (specify):

Defendant told the landlord that the following needed to be fixed (specify):

The landlord's response to the above actions was (specify):

On (specify date) Defendant took the following actions (specify):

Approved for Optional Use

L-0983 (Rev. Dec. 7, 2020)

Attachment 3.s.b. to

UD-105Answer-Unlawful

Detainer

Civil Code § 1942

www.occourts.org

Print This Form

For your protection and privacy, please press the Clear This Form button after

you are done printing the form.

Clear This Form

PLAINTIFF/PETITIONER:

DEFENDANT/RESPONDENT:

CASE NUMBER:

Form Approved for Optional Use

Judicial Council of California

UD-104 [New October 5, 2020]

COVER SHEET FOR DECLARATION OF

COVID-19–RELATED FINANCIAL DISTRESS

Code of Civil Procedure, § 1179.03(h)

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:

BRANCH NAME:

CITY AND ZIP CODE:

PLAINTIFF:

DEFENDANT:

COVER SHEET FOR DECLARATION OF

COVID-19–RELATED FINANCIAL DISTRESS

FOR COURT USE ONLY

CASE NUMBER:

UD-104

Information for Defendant

A defendant tenant may use this form to file a declaration of COVID-19–related financial distress with the court if a plaintiff has filed

an unlawful detainer action against the defendant and asserts that a defendant did not deliver a declaration within the required 15-day

period after service of a notice demanding payment of rent or other financial obligations. (Code Civ. Proc., § 1179.03(h).)

For information about legal resources that may be available and to learn about other protections that may be available to you under

federal or local law, go to or .

• Written filings with the court must be provided in English. (Code Civ. Proc., §185 (a).)

• If attaching a non-English-language declaration provided by the landlord, you should also attach an English-language

version, either a copy that was given to you by the landlord or one from .

• You can attach a translation of the declaration instead, if signed by the translator.

Page 1 of 1

Defendant (name ):

has attached a declaration of COVID-19–related financial distress to this form, signed by defendant.

(SIGNATURE OF DEFENDANT OR ATTORNEY)

(TYPE OR PRINT NAME)

Date:

Number of pages attached, including signed declaration (specify):

• If the declaration is filed within the time frame described above, the case against you may be dismissed. The court will set a

hearing to determine if there was good cause for your not delivering the declaration to the plaintiff in the time required.

• The court will provide a notice of the time and place of the hearing to all plaintiffs and defendants.

• At the hearing, you may explain why you did not deliver this to the landlord in the time required.

• If the court finds that your failure to provide the declaration was due to mistake, inadvertence, surprise, or excusable

neglect, the court will dismiss the case against you.

• The signed declaration (you may use form UD-104(A)) must be filed within 5 days after the summons and legal papers in the

case are served on you, not counting Saturdays, Sundays, and other judicial holidays. This is the same time frame in which

you must file an answer or other response to the complaint.

www.courts.ca.gov

lawhelpca.org https://landlordtenant.dre.ca.gov/

landlordtenant.dre.ca.gov/tenant/forms.html

Orange

700 Civic Center Drive West

Santa Ana, CA 92701

Central Justice Center

Form Approved for Optional Use

Judicial Council of California

UD-104(A) [New October 5, 2020]

ATTACHMENT—DECLARATION OF

COVID-19–RELATED FINANCIAL DISTRESS

Code of Civil Procedure, § 1179.02(d)

UD-104(A)

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:

ATTACHMENT—DECLARATION OF COVID-19–RELATED

FINANCIAL DISTRESS

FOR COURT USE ONLY

CASE NUMBER:

I am currently unable to pay my rent or other financial obligations under the lease in full because of one or more of the

following:

1. Loss of income caused by the COVID-19 pandemic.

2. Increased out-of-pocket expenses directly related to performing essential work during the COVID-19 pandemic.

3. Increased expenses directly related to health impacts of the COVID-19 pandemic.

4. Childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member directly related to

the COVID-19 pandemic that limit my ability to earn income.

5. Increased costs for childcare or attending to an elderly, disabled, or sick family member directly related to the

COVID-19 pandemic.

6. Other circumstances related to the COVID-19 pandemic that have reduced my income or increased my expenses.

Any public assistance, including unemployment insurance, pandemic unemployment assistance, state disability insurance

(SDI), or paid family leave, that I have received since the start of the COVID-19 pandemic does not fully make up for my

loss of income and/or increased expenses.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

(SIGNATURE)

Date:

(TYPE OR PRINT NAME)

Page 1 of 1

Review the information on form UD-104 to learn more about when to file this form.

www.courts.ca.gov

Orange

700 Civic Center Drive West

Santa Ana, CA 92701

Central Justice Center

POS-030

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

CASE NUMBER:

PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL

I am over 18 years of age and not a party to this action. I am a resident of or employed in the county where the mailing

took place.

My residence or business address is:

On (date): I mailed from (city and state):

the following documents (specify):

I served the documents by enclosing them in an envelope and (check one):

a. depositing the sealed envelope with the United States Postal Service with the postage fully prepaid.

The envelope was addressed and mailed as follows:

Name of person served:

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) (SIGNATURE OF PERSON COMPLETING THIS FORM)

Form Approved for Optional Use

Judicial Council of California

POS-030 [New January 1, 2005]

PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL

Code of Civil Procedure, §§ 1013, 1013a

placing 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.

Address of person served:b.

www.courtinfo.ca.gov

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

TELEPHONE NO.:

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

FAX NO. (Optional):

(Do not use this Proof of Service to show service of a Summons and Complaint.)

The name and address of each person to whom I mailed the documents is listed in the Attachment to Proof of Service

by First-Class Mail—Civil (Persons Served) (POS-030(P)).

The documents are listed in the Attachment to Proof of Service by First-Class Mail—Civil (Documents Served)

(form POS-030(D)).

E-MAIL ADDRESS (Optional):

(Proof of Service)

ORANGE

700 Civic Center Drive West

anta Ana, CA 92701

Central Justice Center

INFORMATION SHEET FOR PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL

Use these instructions to complete the Proof of Service by First-Class Mail—Civil (form POS-030).

A person over 18 years of age must serve the documents. There are two main ways to serve documents:

(1) by personal delivery and (2) by mail. Certain documents must be personally served. You must determine whether

personal service is required for a document. Use the Proof of Personal Service–Civil (form POS-020) if the documents

were personally served.

INSTRUCTIONS FOR THE PERSON WHO SERVED THE DOCUMENTS

Complete the top section of the proof of service form as follows:

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 on the documents that you served.

Third box, left side

: Print the names of the Petitioner/Plaintiff and Respondent/Defendant in this box. Use the same names

as are on the documents that you served.

First box, top of form, right side

: Leave this box blank for the court’s use.

Complete items 1–5 as follows:

You are stating that you are over the age of 18 and that you are not a party to this action. You are also stating that

you either live in or are employed in the county where the mailing took place.

Print your home or business address.

Provide the date and place of the mailing and list the name of each document that you mailed. If you need more

space to list the documents, check the box in item 3, complete the Attachment to Proof of Service by First-Class

Mail—Civil (Documents Served) (form POS-030(D)), and attach it to form POS-030.

Check box a if you personally put the documents in the regular U.S. mail.

Check box b if you put the documents in the mail at your place of business.

At the bottom, fill in the date on which you signed the form, print your name, and sign the form. By signing,

you are stating under penalty of perjury that all the information you have provided on form POS-030 is true

and correct.

POS-030 [New January 1, 2005]

First box, left side: In this box print the name, address, and telephone number of the person for whom you served the

documents.

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.

(This information sheet is not part of the Proof of Service and does not need to be copied, served, or filed.)

The person who served the documents by mail must complete a proof of service form for the documents served. You

cannot serve documents if you are a party to the action.

Provide the name and address of each person to whom you mailed the documents. If you mailed the documents to

more than one person, check the box in item 5, complete the Attachment to Proof of Service by First-Class

Mail—Civil (Persons Served) (form POS-030(P)), and attach it to form POS-030.

NOTE: This form should not be used for proof of service of a summons and complaint. For that purpose, use Proof of

Service of Summons (form POS-010).

PROOF OF SERVICE BY FIRST CLASS MAIL—CIVIL

The proof of service should be printed or typed. If you have Internet access, a fillable version of the Proof of Service

form is available at www.courtinfo.ca.gov/forms.

For item 4:

(Proof of Service)

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SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE SELF-HELP (The Superior Court of California - County of Orange)

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