Fillable UD-116 SUPERIOR COURT OF CALIFORNIA, COUNTY OF (California)

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UD-116 SUPERIOR COURT OF CALIFORNIA, COUNTY OF (California)

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DECLARATION FOR DEFAULT JUDGMENT BY COURT
(Unlawful Detainer—Code Civ. Proc., § 585(d))
Code of Civil Procedure,
§ 585(d) www.courtinfo.ca.gov
Form Approved for Optional Use
Judicial Council of California
UD–116 [Rev. July 1, 2003]
Page 1 of 3
UD-116
Agreement was4.
1.
b.
I am
3. Personal knowledge. I personally know the facts stated in this declaration and, if sworn as a witness, could testify competently
thereto. I am personally familiar with the rental or lease agreement, defendant's payment record, the condition of the property, and
defendant's conduct.
with rent due on the
a.
b.
c.
5.
c.
e.
d.
a.
(1)
(2)
(3)
(4)
2.
agreed to rent the property for a
(1)
(2)
a.
(1)
(2)
(3)
b.
f.
(specify):
(specify):
(specify frequency):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
BRANCH NAME:
CITY AND ZIP CODE:
STREET ADDRESS:
MAILING ADDRESS:
PLAINTIFF (Name):
DEFENDANT (Name):
FOR COURT USE ONLY
CASE NUMBER:
DECLARATION FOR DEFAULT JUDGMENT BY COURT
(Unlawful Detainer—Code Civil Proc., § 585(d))
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.:
FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
My name is (specify):
I am the plaintiff in this action.
an owner of the property
a manager of the property
an agent of the owner
other
The property concerning this action is located at (street address, apartment number, city, and county):
written
oral as follows:
On or about (date):
defendant (name each):
month-to-month tenancy
other tenancy
agreed to pay rent of $
payable
monthly
other
(specify):
first of the month
other day
Original agreement is attached (specify):
to the original complaint.
to the Application for Immediate Writ of Possession.
to this declaration, labeled Exhibit 4b.
Copy of agreement with a declaration and order to admit the copy is attached (specify):
to the Application for Immediate Writ of Possession.
to this declaration, labeled Exhibit 4c.
Agreement changed.
More than one change in rent amount (specify history of all rent changes and effective dates up to the last rent change)
on Attachment 5a (form MC-025).
Change in rent amount (specify last rent change). The rent was changed from
(date):
by agreement of the parties and subsequent payment of such rent.
by service on defendant of a notice of change in terms pursuant to Civil Code section 827 (check item 5d).
pursuant to a written agreement of the parties for change in terms (check item 5e or 5f).
Change in rent due date. Rent was changed, payable in advance, due on (specify day):
A copy of the notice of change in terms is attached to this declaration, labeled Exhibit 5d.
Original agreement for change in terms is attached (specify):
Copy of agreement for change in terms with a declaration and order to admit the copy is attached (specify):
to the original complaint.
to the Application for Immediate Writ of Possession. to this declaration, labeled Exhibit 5e.
to the Application for Immediate Writ of Possession. to this declaration, labeled Exhibit 5f.
$ to $
which became effective on and was made
,
DECLARATION FOR DEFAULT JUDGMENT BY COURT
(Unlawful Detainer—Code Civ. Proc., § 585(d))
UD-116 [Rev. July 1, 2003]
Notice to quit.
6.
Page 2 of 3
Proof of service of notice. The original or copy of the proof of service of the notice in item 6a is attached to (specify):
8.
a.
c.
Notice expired.
9.
b.
b.
a.
c.
Possession. The defendant
11.
a.
b.
12.
a.
b.
a.
(1)
(2)
(3)
(4)
(5)
d.
per day, calculated as follows:
10.
b.
c.
d.
13.
14.
Service of notice.
7.
a.
(1)
(2)
(3)
b.
(6)
(specify):
(specify):
UD-116
CASE NUMBER:
PLAINTIFF (Name):
DEFENDANT (Name):
Defendant was served with a
3-day notice to pay rent or quit
3-day notice to perform covenants or quit
Other
3-day notice to quit
30-day notice to quit
60-day notice to quit
The 3-day notice to pay rent or quit demanded rent due in the amount of (specify):
beginning on (date) and ending on (date)
The total rent demanded in the 3-day notice under item 6b is different from the agreed rent in item 4a(2) (specify history
of dates covered by the 3-day notice and any partial payments received to arrive at the balance) on Attachment 6c (form
MC-025).
this declaration, labeled Exhibit 6d. (The original or a copy of the notice MUST be attached to this declaration if not
attached to the original complaint.)
The original or copy of the notice specified in item 6a is attached to (specify):
the original complaint.
The notice was served on defendant (name each):
personally
on (date):
on (date):
by substituted service, including a copy mailed to the defendant
(date mailed):
by posting and mailing on
A prejudgment claim of right to possession was served on the occupants pursuant to Code of Civil Procedure section
415.46.
the original complaint.
this declaration, labeled Exhibit 8b.(The original or copy of the proof of service MUST be attached to this declaration if
not attached to the original complaint.)
On (date):
The fair rental value of the property is $
(rent per month) x (0.03288) (12 months divided by 365 days)
rent per month divided by 30
other valuation
on (date):
vacated the premises
(date of this declaration):
continues to occupy the property on
Holdover damages. Declarant has calculated the holdover damages as follows:
Damages demanded in the complaint began on (date):
Damages accrued through (date specified in item 11):
Number of days that damages accrued (count days using the dates in items 12a and 12b):
Total holdover damages ((daily rental value in item 10) x (number of days in item 12c)): $
Reasonable attorney fees are authorized in the lease or rental agreement pursuant to paragraph
and reasonable attorney fees for plaintiff's attorney (name):
are $
$
Court costs in this case, including the filing fee, are
(specify):
$
the notice in item 6 expired at the end of the day and defendant failed to comply
with the requirements of the notice by that date. No money has been received and accepted after the notice expired.
for the rental period
DECLARATION FOR DEFAULT JUDGMENT BY COURT
(Unlawful Detainer—Code Civ. Proc., § 585(d))
UD-116 [Rev. July 1, 2003]
Page 3 of 3
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Summary of Exhibits
16.
17.
19.
18.
20.
21.
22.
23.
15.
a.
b.
c.
(specify number and describe):
UD-116
CASE NUMBER:
PLAINTIFF (Name):
DEFENDANT (Name):
(1)
(3)
(2)
(4)
(6)
TOTAL JUDGMENT
(5)
$
$
$
$
$
Holdover damages (item 12d)
Past-due rent (item 6b)
Costs (item 14)
Attorney fees (item 13)*
Other
(specify):
Declarant requests a judgment on behalf of plaintiff for:
A money judgment as follows:
Possession of the premises in item 2 (check only if a clerk's judgment for possession was not entered).
Cancellation of the rental agreement. Forfeiture of the lease.
* Attorney fees are to be paid by
Date:
Exhibit 4b: Original rental agreement.
Exhibit 4c: Copy of rental agreement with declaration and order to admit the copy.
Exhibit 5d: Copy of notice of change in terms.
Exhibit 5e: Original agreement for change of terms.
Exhibit 5f: Copy of agreement for change in terms with declaration and order to admit copy.
Exhibit 6d: Original or copy of the notice to quit under item 6a (MUST be attached to this declaration if it is not attached to
original complaint).
Exhibit 8b: Original or copy of proof of service of notice in item 6a (MUST be attached to this declaration if it is not attached
to original complaint).
Other exhibits
(SIGNATURE OF DECLARANT)
(TYPE OR PRINT NAME)
only.
(name)
$
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UD-116 SUPERIOR COURT OF CALIFORNIA, COUNTY OF (California)

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Completed 6 November 2020

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