unlawful detainers superior court of california …

Landlord – Tenant Assistance Center funded by the Sargent Shriver Civil Counsel Act Rev. 1415 Truxtun Avenue, Basement, Bakersfield, CA 93301 7/20/2021

www.kern.courts.ca.gov [email protected] of 4

EVICTION PACKET UNLAWFUL DETAINERS

SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN

FORMS INCLUDED IN THIS PACKET Judicial Council Form CM-010 Civil Case Cover Sheet

Judicial Council Form UD-101 Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations – Unlawful Detainer

Judicial Council Form SUM-130 Summons Judicial Council Form UD-100 Complaint

Judicial Council Form CP10.5 (if needed) Prejudgment Claim of Right to Possession

Judicial Council Form UD-120 Verification by Landlord Regarding Rental Assistance

Judicial Council Form POS-010 Proof of Service of Summons

http://www.kern.courts.ca.gov/



PLEASE BE ADVISED THAT COURT EMPLOYEES MAY NOT GIVE LEGAL ADVICE. It is recommended that you seek legal advice or do your own legal research if you are not familiar with this legal process. Additional information is available on the Superior Court's website, www.kern.courts.ca.gov, and the Judicial Council's self-help website, http://www.courts.ca.gov/selfhelp-housing.htm

The Landlord-Tenant Assistance Center (LTAC) located at 1415 Truxtun Ave., Basement, Bakersfield, CA. LTAC is a Court pilot project between the Kern County Superior Court and Greater Bakersfield Legal Assistance (GBLA), and is funded by the Sargent Shriver Civil Counsel Act (GC§68650). LTAC is designed to assist you in common landlord or tenant issues. In addition, you may seek information at the Kern County Law Library located on the 3rd floor at 1415 Truxtun Avenue, Bakersfield, CA 93301. WHO CAN EVICT A TENANT?

• The owner of the property; OR• A property manager. A property manager can evict a tenant ONLY if they have a written

agreement with the tenant; OR• A tenant. A tenant can evict a sub-tenant ONLY if the tenant is the principal signer on the

rental agreement. Does not apply if the sub-tenant is a co-signer on the rental agreement.

HOW CAN I START AN UNLAWFUL DETAINER ACTION?

You must first give the Tenant(s) written “Notice” that they need to move out. This is a 3-day, 15-day, 30-day, 60-day, or 90-day notice. Different notices are for different purposes. Notices have mandatory words they need to say. Notices are not court forms so you will not find them on the State’s self-help website or consult with an attorney for the correct notice. If the tenant does not move out at the end of the notice time period, you can file a UD action with the court.

COVID-19 TENANT RELIEF ACT 2020

THE BASICS Prohibits evictions of tenants due to non-payment of rent until June 30, 2021, if tenant complies with specific requirements. If requirements are not met, evictions for non-payment may proceed. Requirements for notices of unpaid rent

• Notices must provide 15 business days for tenant to respond.• There are required specifications for notices of unpaid rent in each

of the relevant time periods:o Protected Time Period – March 2020 to August 31, 2020o Transition Time Period – September 1, 2020 to June 30,

2021An unsigned copy of a Declaration of COVID-19 Related Financial Distress must accompany all notices of unpaid rent. Landlords must send a separate notice notifying tenants of protections under the COVID-19 Tenant Relief Act. Unpaid rent is not forgiven; it is converted into civil debt.

• A landlord can sue a tenant in small claims court to recover rentowed

• During the Protected Time Period and/or the Transition TimePeriod, unpaid rent is converted into civil debt if the tenant returnsthe Declaration

A tenant cannot be evicted under COVID-19 Tenant Relief Act unless: • Tenant was guilty of unlawful detainer before March 1, 2020• Tenant did not comply with requirements set out by this Act for non-

payment of rent due to COVID-19• At fault (lease violations) and no-fault evictions (AB-1482

protections apply)

FEES (Usually $240.00)

A fee is required to file an Unlawful Detainer Complaint. To determine the amount of the fee, refer to the current version of the Fee Schedule available on the Courts website at: http://www.kern.courts.ca.gov/pdf/local_fee_schedule_07012014.pdf. *The filing fee for each Unlawful Detainer up to $10,000 is $240.00.



http://www.courts.ca.gov/selfhelp-housing.htm

http://www.kern.courts.ca.gov/pdf/local_fee_schedule_07012014.pdf



WHAT IF I CANNOT AFFORD THE COURT FEES?

If you think you cannot afford to pay the Court fees, refer to the Information Sheet on Waiver of Superior Court Fees and Costs (Judicial Council Form FW-001-INFO). If you feel that you may qualify for a waiver according to the guidelines, complete the Request to Waive Court Fees (Judicial Council Form FW-001) and Order on Court Fee Waiver (Judicial Council Form FW-003), also known as a “fee waiver.” Submit the fee waiver with your forms to the Court.

HOW CAN I GET THE FORMS OR MORE HELP AND INFORMATION?

FORMS MORE INFO MORE HELP

• Attached to this packet.• Online at the state’s website,

www.courts.ca.gov. Click on forms.They are PDF fillable forms.

• Online at the Court’s website,www.kern.courts.ca.gov. Click onCivil, then Unlawful Detainers.Here you can find the forms andour samples. They are not fillableforms.

More information is available: • CA Judicial Branch:

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

• CA Department ofConsumer Affairs:http://www.dca.ca.gov/publications/legal_guides/index.shtml.

If the process proves to be too difficult or time consuming, you can do any of the following: • Hire an attorney to

represent you and/or fill out your forms.

• Hire an Unlawful DetainerAssistant (UDA) to fill outyour forms. *UDAs cannotgive legal advice norrepresent you in court.

☐ STEP 1 of 6:COMPLETETHE FORMS(see samples for more information)

FORMS ACTIONS • Civil Case Cover Sheet – CM-10 • Complete and sign page 1.• Plaintiff’s Mandatory Cover

Sheet UD-101• Verification by Landlord UD-120

• Complete• Complete

• Summons – SUM-130 • Complete page one and parts of page 2.

• Complaint – UD-100 • Complete all 3 pages, verify and sign in twoplaces on last page.

*A step-by-step video on how to fill out the Complaint is available athttp://pd.global.playstream.com/courtvsh/progressive/flash/UD-100.html

☐ STEP 2 of 6:ATTACH YOUREXHIBITSAND/ORATTACHMENTS

• Exhibit 1, Rental Agreement/Lease – If you have a written agreement, attach it tothe Complaint and label it at the bottom, Exhibit 1.

• Exhibit 2, Notice – If you served a notice (15-Day Notice to Pay or Quit, 30-DayNotice, etc.), attach it to the Complaint and label it Exhibit 2.

• Exhibit 3, Proof of Service of Notice – If you filled out a proof of service for thenotice, attach it to the Complaint and label it Exhibit 3.

• Prejudgment Right to Possession – attach a blank Prejudgment Right toPossession only if you are including Does 1 to 10 in your Summons and Complaint.

☐ STEP 3 of 6:MAKE A COPY

Make 1 copy of all your documents.

NOTICE OF ORDER TO

Once the eviction has been filed, the Civil Division mails you a Notice of Order to Appear and Show Cause Why this Matter Should not be Dismissed. It is a hearing set approximately 3 months in advance. On this date, the Court will NOT discuss the merits of

☐ STEP 4 of 6:FILE THEEVICTION

• Turn in the original and the copy of the Civil Case Cover Sheet, Summons, and theComplaint with its Exhibit and/or attachments.

• If you are not asking for a fee waiver, you will pay the filing fee and get filedstamped copies back usually when you file.

• If you are asking for a fee waiver, your file-stamped copies may be returnedimmediately, OR you may be asked to return up to 24 hours, OR your file stampedforms may be mailed to you. Please check with the clerk who takes your forms.


http://www.courts.ca.gov/


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



http://www.dca.ca.gov/publications/legal_guides/index.shtml




http://pd.global.playstream.com/courtvsh/progressive/flash/UD-100.html



APPEAR AND SHOW CAUSE

your case. It is to determine whether or not your case should remain open for lack of completion. If a judgment, dismissal, or stipulation is entered by then (which would complete the case), the Civil Department will take that hearing off calendar and you will not have to appear.

☐ STEP 5 of 6:SERVE THEEVICTION

Service: You must “serve” the copy of all your forms on each defendant. • “Service” means that someone, NOT YOU, who is at least 18 years old, must

personally serve a copy of your forms to each named defendant. You can ask afriend, relative, etc. to serve these forms for you or you can look in the yellow pagesand hire a “process server” to serve the papers for you for a fee or you can use theKern County Sheriff’s Office for a fee (the Sheriff’s Office fee may be waived if youfiled and was granted a fee waiver in your case).

• After the papers are personally served, the server (person who handed the forms)must complete the Proof of Service by First Class Mail – Civil – POS-030. TheSheriff’s Office completes their own and then mail you a copy.

☐ STEP 6 of 6:FILE YOURPROOF OFSERVICE

FORM ACTIONS

• Proof of Service ofSummons – POS-010

• Complete the caption portion of this form.• Have someone at least 18 years of age that is not a

party to the case complete this form.• The person who signs page 2 is stating under

penalty of perjury that he/she personally delivered theeviction.

WHAT HAPPENS NEXT?

• After you properly serve the paperwork, the tenant(s) has/have 5 business days afterservice to serve you with a copy of the Answer and file it with the court clerk. Day 1starts the day after the tenant is handed the forms.

• If the fifth day falls on a Saturday, Sunday or a holiday, the tenant has until end of thework day Monday to file an Answer. If the fifth day is a court holiday, the tenant hasuntil the next court day to file an Answer.

• If the tenant does NOT file an Answer on time, you need to file forms to enter thetenant(s)’s default and get a judgment in your favor.

• If the tenant DOES file an Answer you need to file a Request / Counter-Request toSet Case for Trial (UD-150) so you have a trial and the judge decides.

• A private attorney or the Self-Help Center can help you with the next step.

HOW CAN I MAKE THE TENANT MOVE OUT?

The only way you can legally force your tenant to move out is to win your UD case. Then you can get a “Judgment” for possession (this means the court makes an order that the tenant has to move out and return the property to you). The Sheriff can enforce this Judgment by making the tenant move out. It is illegal to force your tenant to leave by cutting off their electricity, changing the locks and/or getting rid of the tenant’s personal property.

WHAT ELSE SHOULD I KNOW?

• UD cases have very strict requirements for the landlord. If you do even a small thingwrong, you may lose your case and have to start over completely. This can makeyour case take several months to finish. During that time you are losing rent you maynever be able to collect. Consider hiring an attorney who is experienced with evictionprocedures so that your case is completed as quickly as possible and you can startreceiving rent from a new tenant.

• Watch UD court hearings to learn how to represent yourself in court if your tenant(s)files an Answer. Eviction hearings are usually heard Mondays through Thursday at1:30 p.m. in Department 12 in the courthouse at 1415 Truxtun Avenue, Bakersfield,CA. It is open to the public. Anyone can watch.

• If you have an unusual case, for example, you have people living in the propertywhose names you don’t know or you created your own notice or you want to give thetenant(s) more than one type of notice, please see a private attorney or visit us toresearch on how to handle your case. The Self-Help Center will not be able to help.


SAMPLE

CM-010

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

TELEPHONE NO.: FAX NO.:

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

CASE NAME:

CIVIL CASE COVER SHEET CASE NUMBER:Complex Case DesignationUnlimited Limited

Counter Joinder(Amount (Amount

Filed with first appearance by defendantdemanded demanded isJUDGE:

(Cal. Rules of Court, rule 3.402)exceeds $25,000) $25,000 or less) DEPT.:

Items 1-6 below must be completed (see instructions on page 2).1. Check one box below for the case type that best describes this case:

Auto Tort Contract Provisionally Complex Civil Litigation

Auto (22) Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400-3.403)

Uninsured motorist (46) Rule 3.740 collections (09) Antitrust/Trade regulation (03)

Other PI/PD/WD (Personal Injury/PropertyInsurance coverage (18)

Construction defect (10)

Damage/Wrongful Death) TortOther contract (37)

Mass tort (40)

Asbestos (04)

Real Property

Securities litigation (28)

Product liability (24)

Eminent domain/Inverse

Environmental/Toxic tort (30)

Medical malpractice (45)

condemnation (14)

Insurance coverage claims arising from the

Other PI/PD/WD (23)

Wrongful eviction (33)

above listed provisionally complex case

Non-PI/PD/WD (Other) TortOther real property (26)

types (41)

Business tort/unfair business practice (07)

Unlawful Detainer

Enforcement of Judgment

Civil rights (08)

Commercial (31)

Enforcement of judgment (20)

Defamation (13)

Residential (32)

Miscellaneous Civil Complaint

Fraud (16)

Drugs (38)

RICO (27)

Intellectual property (19)

Judicial Review

Other complaint (not specified above) (42)

Professional negligence (25)

Asset forfeiture (05)

Miscellaneous Civil PetitionOther non-PI/PD/WD tort (35)

Petition re: arbitration award (11)

Partnership and corporate governance (21)

Other petition (not specified above) (43)Employment

Writ of mandate (02)Wrongful termination (36)

Other judicial review (39)Other employment (15)

2. This case is is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark thefactors requiring exceptional judicial management:a. Large number of separately represented parties d. Large number of witnessesb. Extensive motion practice raising difficult or novel e. Coordination with related actions pending in one or more courts

issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal courtc. Substantial amount of documentary evidence f. Substantial postjudgment judicial supervision

3. Remedies sought (check all that apply): a. monetary b. nonmonetary; declaratory or injunctive relief c. punitive4. Number of causes of action (specify):5. This case is is not a class action suit.6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.)

Date:

(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)

NOTICE

� Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filedunder the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may resultin sanctions.

� File this cover sheet in addition to any cover sheet required by local court rule.� If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all

other parties to the action or proceeding.� Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only.

Page 1 of 2

Form Adopted for Mandatory Use CIVIL CASE COVER SHEET Cal. Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3.740;Judicial Council of California Cal. Standards of Judicial Administration, std. 3.10CM-010 [Rev. July 1, 2007] www.courtinfo.ca.gov

Other collections (09)

� � � �

� ��

� ��

��

� ��

� ��

� �

� ��

� ��

� �

YOUR NAME AND THE NAMES OF ANY OTHER PLAINTIFF/S FILINGWITH YOUYOUR ADDRESSYOUR CITY , STATE, AND ZIP CODE

YOUR PHONE NUMBER

Petitioner, In Pro Per

KERNADDRESS OF THE COURT YOU FILED IN

YOUR LAST NAME v. THEIR LAST NAME

X LEAVE BLANK

X

X

X

ONEX

TODAY'S DATE

YOUR NAME YOUR SIGNATURE

SAMPLE

CHECK ALL THAT APPLY

SAMPLE

jimenezt

Callout

CHECK IF YOU ARE REQUESTING MONEY

SAMPLE

��

�� * �� !�%��!��!�%��&��

�� 9�� $ ��*� 3 �� (� �� $� �� % ��! �� (� �� *�� $� ��% �� (� �� % �� ! �� '� �� * �� !�� * �� $ �� .�� .�� .�� . �� +��

�� (� ��! �� !�%��!��!�%��&�� *�� !� (� � �� .�� ! �� * �� !�� $ �� (� � �� *�� !� �� .�� .�� .� �� +�� :� ��*�� /��*�� !� �� *�� *��

��0,��1�,0��)&�,2�/��,0

��

�� 80��#�*�6��0��2�� 5�� !

4� �)��5��)�#�4�� "��#�9��

��!�� (��"�)#��$�

�� 4��,��

�� 5��8��##�� #�� *�+�#+��)��(��!��

�� 0#�� 9��)�� -�

�� )#�)�� +�� #�(�1��(��$��

"�#��$%�&%'&��$(��%5�� *��+��)��#��

��&��%'��&��#!.��5��

��

��##��%)%:� ��:��2��

��/��!�/��;��'�

��/��0��2��4� �)��##��8��##��0#��

,��-�.��

��/��0��#�*�6��.��0�� ##��

�� <�) ��

5��)�#�4��

�/��<�) ��.��

0��9��/�#�� *��+��)��

��

�� !�� ,-�

��<�) ��

��#��#2��!3��/��)��

��

��#��#2��8.��+��)�

��<�) ��

0��=��)��.��$&�

�� +��)��

.��0��#�>��#��#�7��

��

��#2��.��4��2�

0��

.��0*�04�54�� $��

<�) ��2��(�1��

0�� 9��/�#��%)%:��#�2� ��4� ��*�+��

.�� <�) ��

��##�� ,!�

��

*��#��#��*�6��04�545��)�#��+��$$�

/��

��%)%:��#:�+��#�� .��"��#�0��2��%)%:�?��#��

"*�.�� &�

*��#�*��#��5��0��"��#�0��2��

.�� 2#��

� ��#�4��)�)��7��#��

�� ! �

��)#�)��*��#��@��(�#�

4��#��"�#��.�#�

� ��#�4��.��"��#�0��2��

*�6��+��"�#��.�#��

.��0*�04�54��

� � ��

)� �$%�&%'&��"�#��!��

��9��

��(��*�+��&��

.�� #�� 2#��

0��&�� #��$,�

��

��+�#�"�)��%)%:�� :"��#��$ �

.��+�#�� 2#��

��#�� 4�)��$-��

��

� � �� -��

/��

4�� %)%:��#��:�#�/�#�� !�� "��

0��2��2��

�,$�

A�+�� ,�

7��,��

-�.�� +.��0��

*��##��#�0��2��,'�

��7��3� ��!$�

0��#��)#�)�� 3�

0��"��/��,,��+�#�>��

9�)�#��#2��

5�� 5��;2#��B��#��

.��0��#��#2��

5��8�� +�� #��4�2��#

��

5��8�� 9� ��/��

.��80*�04�54�(��$3�

��#��

,��

5��8.��9� ��0�� )�

5��)�#�(�� $��

"�+��0��"�#�� 9��

.�� 2#�� ,3�

.��<��#�"�+��$'��#��

"�+��>��#��.��.��.��+�#�0��

��22��#89�/�� 22��#�

��0.5.�6�#7��*)'�5+�,..18 ��

��

(� �� * � �� !�� . �� *� $� '��

��

�� !�

�� !"��#�� ;�� ; �� 8�� .�� "�#�� !��.� �� :� �� * �� .�� )�� %�* �� *& �$ �� *�� .� ��*�� .�� .�� # � ��+��*�� '�� 8�� !�� *��/��/��.�� )�� *�� .� ��*� � �� 8�� +�� )�� .�� * � +��*�� 8��

�!,�

��

DuarteD

Line

DuarteD

Line

DuarteD

Line

DuarteD

Line

Form Adopted for Mandatory Use Judicial Council of California UD-101 [Rev. July 12, 2021]

PLAINTIFF'S MANDATORY COVER SHEET AND SUPPLEMENTAL ALLEGATIONS—UNLAWFUL DETAINER

Code of Civil Procedure, § 1179.01 et seq.

www.courts.ca.gov

UD-101

FOR COURT USE ONLY

CASE NUMBER:

ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER:

NAME:

FIRM NAME:

STREET ADDRESS:

CITY: STATE: ZIP CODE:


EMAIL ADDRESS:

ATTORNEY FOR (name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OFSTREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PLAINTIFF:

DEFENDANT:


For action filed (check one): before October 5, 2020 on October 5, 2020, or later

All plaintiffs in unlawful detainer proceedings must file and serve this form. Filing this form complies with the requirement in Code of Civil Procedure section 1179.01.5(c). • Serve this form with the summons. • If a summons has already been served without this form, then serve it by mail or any other means of service authorized by law. • If defendant has answered prior to service of this form, there is no requirement for defendant to respond to the supplemental allegations before trial. Before obtaining a judgment in an unlawful detainer action for nonpayment of rent on a residential property, a plaintiff will be required to verify that no rental assistance or other financial compensation has been received for the amount in the notice demanding payment or accruing afterward, and no application is pending for such assistance. For a default judgment, plaintiff must use Verification by Landlord Regarding Rental Assistance (form UD-120) to make this verification.

1. PLAINTIFF (name each):

alleges causes of action in the complaint filed in this action against DEFENDANT (name each):

2. Statutory cover sheet allegations (Code Civ. Proc., § 1179.01.5(c))

a. This action seeks possession of real property that is (check all that apply): Residential Commercial

(If "residential" is checked, complete items 3 and 4 and all remaining items that apply to this action. If only "commercial" is checked, no further items need to be completed except the signature and verification.)

Yesb. This action is based, in whole or in part, on an alleged default payment of rent or other charges. No

Tenants subject to COVID-19 Tenant Relief Act (Code Civ. Proc., § 1179.02(h))3.

a. (1) One or more defendants in this action is a natural person: Yes No(2) Identify any defendant not a natural person:

(If no is checked, then no further items need to be completed except the signature and verification.)

b. (1) All defendants named in this action maintain occupancy as described in Civil Code section 1940(b). Yes No

(2) Identify any defendant who does not:

(If yes is checked, then no further items need to be completed except the signature and verification.)

Page 1 of 4

YOUR CASE NUMBER

YOUR NAME AND THE NAMES OF ANY OTHER PLAINTIFFS FILING WITH YOU

YOUR ADDRESS YOUR CITY, STATE , ZIP CODE

YOUR PHONE NUMBER

PLAINTIFF, IN PRO PER

ADDRESS OF THE COURT WHERE YOU WILL FILE

NAME OF PLAINTIFF/S

NAME OF DEFENDANT/S

PRINT PLAINTIFF/S NAMES HERE

PRINT DEFENDANT'S NAMES HERE

✖

IDENTIFY DEFENDANT THAT IS NOT A PERSON, I.E., BUSINESS

NAME OF DEFENDANT/S

DuarteD

Typewritten Text

READ EACH QUESTION CAREFULLY. COMPLETE THOSE QUESTIONS THAT APPLY TO YOU.

DuarteD

Polygon

DuarteD

Rectangle

DuarteD

Rectangle

DuarteD

Rectangle

DuarteD

Rectangle

DuarteD

Text Box

WHEN WILL YOU FILE YOUR COMPLAINT?

DuarteD

Line

DuarteD

Line

DuarteD

Highlight

DuarteD

Oval

DuarteD

Text Box

PLEASE READ

DuarteD

Line

DuarteD

Text Box

CHOOSE ONE

DuarteD

Line

DuarteD

Line

DuarteD

Rectangle

DuarteD

Rectangle

DuarteD

Rectangle

DuarteD

Rectangle

DuarteD

Text Box

IS DEFENDANT A PERSON OR BUSINESS?

DuarteD

Line

DuarteD

Text Box

THIS QUESTION REFERS TO A TRANSIENT RESIDENCY SUCH AS HOTEL, MOTEL, ETC.

DuarteD

Line

UD-101 [Rev. July 12, 2021] PLAINTIFF'S MANDATORY COVER SHEET AND SUPPLEMENTAL ALLEGATIONS—UNLAWFUL DETAINER

UD-101PLAINTIFF:

DEFENDANT:

CASE NUMBER:

4. Federal law allegations

a. Defendant has has not provided a statement under penalty of perjury for the Centers for Disease Control and Prevention's order for Temporary Halt in Evictions to Prevent Further Spread of COVID-19 (85 Federal Register 55292) or its extension. (Note to plaintiff: Proceeding in violation of the federal order may result in civil or criminal penalties.)

b. This action does does not seek possession of a dwelling unit in property that has a federally backed multifamily mortgage for which forbearance has been granted under title 15 United States Code section 9057.

(1) Date forbearance began:

(2) Date forbearance ended:

5. Unlawful detainer notice expired before March 1, 2020 The unlawful detainer complaint in this action is based solely on a notice to quit, to pay or quit, or to perform covenants or quit, in which the time period specified in the notice expired before March 1, 2020. (If this is the only basis for the action, no further items need to be completed except the signature and verification on page 4. (Code Civ. Proc., § 1179.03.5(a)(1).))

Rent or other financial obligations due between March 1, 2020, and August 31, 2020 (protected time period) The unlawful detainer complaint in this action is based, at least in part, on a demand for payment of rent or other financial obligations due in the protected time period. (Check all that apply.)

a. Defendant (name each):

was served the "Notice from the State of California" required by Code of Civil Procedure section 1179.04, and if more than one defendant, on the same date and in the same manner. (Provide information regarding service of this notice in item 8 below.)

b. One or more defendants was served with the notice in item 6a on a different date or in a different manner, which service is described in attachment 8c.

c. (name each):Defendant

was served with at least 15 days' notice to pay rent or other financial obligations, quit, or deliver a declaration, and an unsigned declaration of COVID-19–related financial distress, in the form and with the content required in Code of Civil Procedure section 1179.03(b) and (d).

(If the notice identified defendant as a high-income tenant and requested submission of documentation supporting any declaration the defendant submits, complete item 9 below. (Code Civ. Proc., § 1179.02.5(c).))

(If filing form UD-100 with this form and item 6c is checked, specify this 15-day notice in item 9a(7) on form UD-100, attach a copy of the notice to that complaint form, and provide all requested information about service on that form.)

d. Response to notice (check all that apply):(1) Defendant (name each):

delivered a declaration of COVID-19–related financial distress on landlord in the time required. (Code Civ. Proc., § 1179.03(f).)

(2) (name each):Defendant

did not deliver a declaration of COVID-19–related financial distress on landlord in the time required. (Code Civ. Proc., § 1179.03(f).)

7. Rent or other financial obligations due between September 1, 2020, and September 30, 2021 (the transition time period) The unlawful detainer complaint in this action is based, at least in part, on a demand for payment of rent or other financial obligations due during the transition time period.



6.

Page 2 of 4

NAME OF DEFENDANT/S

NAME OF DEFENDANT/S

NAME OF DEFENDANT/S

NAME OF DEFENDANT/S

NAME OF DEFENDANT/S

DuarteD

Text Box

DID DEFENDANT PROVIDE PLANTIFF WITH A DECLARATION OF HARDSHIP?

DuarteD

Line

DuarteD

Text Box

DID YOU RECEIVE A FOREBEARANCE ON A FEDERALLY BACKED LOAN?

DuarteD

Line

DuarteD

Line

DuarteD

Text Box

DOES THE TENANT OWE BACK RENT BETWEEN MARCH 1, 2020 AND AUGUST 31, 2020?

DuarteD

Line

DuarteD

Text Box

DID THE TENANT RETURN OR NOT THE DECLARATION OF HARDSHIP TO THE PLAINTIFF?

DuarteD

Line

DuarteD

Line

DuarteD

Text Box

DOES THE TENANT OWE BACK RENT AFTER SEPTEMBER 1, 2020?

DuarteD

Line


UD-101PLAINTIFF:

DEFENDANT:

CASE NUMBER:

7. b. One or more defendants was served with the notice in item 7a on a different date or in a different manner, which service is described in attachment 8c.


was served with at least 15 days' notice to pay rent or other financial obligations, quit, or deliver a declaration, and an unsigned declaration of COVID-19-related financial distress, in the form and with the content required in Code of Civil Procedure section 1179.03(c) and (d).




delivered a declaration of COVID-19–related financial distress on the landlord in the time required. (Code Civ. Proc., § 1179.03(f).)

(2) Defendant (name each):

did not deliver a declaration of COVID-19–related financial distress on the landlord in the time required. (Code Civ. Proc., § 1179.03(f).))

e. Rent due (complete only if action filed after September 30, 2021):

(1) Rent in the amount of $ was due between September 1, 2020, and September 30, 2021.

(2) Payment of $ for that period was received by September 30, 2021.

8. Service of Code of Civil Procedure Section 1179.04 Notice From the State of California (check all that apply)

a. The notice identified in item 6a and 7a was served on the defendant named in those items as follows:

(1) By personally handing a copy to defendant on (date):(2) By leaving a copy with (name or description): ,

a person of suitable age and discretion, on (date): at defendant's

residence business AND mailing a copy to defendant at defendant's place of residence.

(3) By posting a copy on the premises on (date):AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on(date):

(a) because defendant's residence and usual place of business cannot be ascertained OR

(b) because no person of suitable age or discretion can be found there.

(4) By sending a copy by mail addressed to the defendant on (date):

(Name):b.

was served on behalf of all defendants who signed a joint written rental agreement.

c. Information about service of notice on the defendants alleged in items 6b and 7b is stated in Attachment 8c.

d. Proof of service of the notice or notices in items 6a, 6b, 7a, and 7b is attached to this form and labeled Exhibit 1.

9. High-income tenant. The 15-day notice in item 6c or 7c above identified defendant as a high-income tenant and requested submission of documentation supporting the tenant's claim that tenant had suffered COVID-19–related financial distress. Plaintiff had proof before serving that notice that the tenant has an annual income that is at least 130 percent of the median income for the county the rental property is located in and not less than $100,000. (Code Civ. Proc., § 1179.02.5.)

a. The tenant did not deliver a declaration of COVID-19–related financial distress within the required time. (Code Civ. Proc., § 1179.03(f).)

b. The tenant did not deliver documentation within the required time supporting that the tenant had suffered COVID-19– related financial distress as asserted in the declaration. (Code Civ. Proc., § 1179.02.5(c).)

Page 3 of 4

NAME OF DEFENDANT/S

NAME OF DEFENDANT/S

NAME OF DEFENDANT/S

DuarteD

Text Box

DID THE TENANT RETURN OR NOT THE DECLARATION OF HARDSHIP TO THE PLAINTIFF?

DuarteD

Line

DuarteD

Line

DuarteD

Text Box

CHECK AND COMPLETE IF YOU ARE FILING AFTER SEPTEMBER 30, 2021.

DuarteD

Line

DuarteD

Text Box

PROVIDE INFORMATION AS TO HOW THE NOTICE WAS SERVED ON THE TENANT.

DuarteD

Line

DuarteD

Line

DuarteD

Text Box

ANSWER ONLY IF YOU HAVE KNOWLEDGE THAT YOUR TENANT'S INCOME IS OVER $100,000

DuarteD

Line


Page 4 of 4

UD-101PLAINTIFF:

DEFENDANT:

CASE NUMBER:

10. Just cause eviction. (Only applicable if action is filed before October 1, 2021. Note: If the tenancy is subject to the Tenant Protection Act (including Civil Code section 1946.2), plaintiff must, if using form UD-100, complete item 8 on that form in addition to this item.)

a. The tenancy identified in the unlawful detainer complaint in this action was terminated for at-fault just cause as defined in Civil Code section 1946.2(b)(1), which reason is in the notice of termination. (Code Civ. Proc., § 1179.03.5(a)(3)(A)(i).)

b. The tenancy identified in the unlawful detainer complaint in this action was terminated for no-fault just cause as defined in Civil Code section 1946.2(b)(2), which reason is in the notice of termination. (Code Civ. Proc., § 1179.03.5(a)(3)(A)(ii).) (Complete (1) or (2) below, only if applicable.)

(1) The no-fault just cause is the intent to demolish or substantially remodel, which is notisnecessary to comply with codes, statutes, or regulations relating to the habitability of the rental units. (Code Civ. Proc., § 1179.03.5(a)(3)(A)(ii).)

(2) The tenancy identified in the complaint in this action was terminated because the owner of the property has entered into a contract with a buyer who intends to occupy the property and the property does notdoesmeet all the requirements of Civil Code section 1946.2(e)(8). (Code Civ. Proc., § 1179.03.5(a)(3)(A)(iii).)

c. This action is based solely on the cause of termination checked in item 10a or b above, and is not for nonpayment of rent or other financial obligations. (If this item applies, plaintiff may not recover any rental debt due from the period between March 1, 2020, and September 30, 2021, as part of the damages in this action. (Code Civ. Proc., § 1179.03.5(a)(3)(B).))

Rent or other financial obligations due after September 30, 2021. (Only applicable if action is filed on or after October 1, 2021.) The only demand for rent or other financial obligations on which the unlawful detainer complaint in this action is based is a demand for payment of rent due after September 30, 2021.

11.

12. Statements regarding rental assistance (Required in all actions based on nonpayment of rent or any other financial obligation. Plaintiff must answer all the questions in this item and, if later seeking a default judgment, will also need to file Verification Regarding Rental Assistance--Unlawful Detainer (form UD-120).)

a. Has plaintiff received rental assistance or other financial compensation from any other source corresponding to the amount demanded in the notice underlying the complaint? Yes No

b. Has plaintiff received rental assistance or other financial compensation from any other source for rent accruing after the date of the notice underlying the complaint? Yes No

c. Does plaintiff have any pending application for rental assistance or other financial compensation from any other source corresponding to the amount demanded in the notice underlying the complaint? Yes No

d. Does plaintiff have any pending application for rental assistance or other financial compensation from any other source for rent accruing after the date on the notice underlying the complaint? Yes No

13. Number of pages attached (specify):

Date:

(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)

VERIFICATION

(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.

Date:

(TYPE OR PRINT NAME) (SIGNATURE)

Print this form Save this form Clear this formFor your protection and privacy, please press the Clear This Form button after you have printed the form.

DATE SIGNED

NAME OF PLAINTIFF/S

DATE SIGNED

NAME OF PLAINTIFF/S

DuarteD

Text Box

COMPLETE IF EVICTION IS BASED ON "AT-FAULT JUST CAUSE" OR "NO-FAULT JUST CAUSE."

DuarteD

Line

DuarteD

Line

DuarteD

Highlight

DuarteD

Oval

DuarteD

Text Box

PLEASE READ

DuarteD

Line

DuarteD

Text Box

ALL PLAINTIFFS MUST ANSWER THIS QUESTION

DuarteD

Line

DuarteD

Text Box

DuarteD

Text Box

SIGN HERE

DuarteD

Text Box

SIGN HERE

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

�� !��"�#$�%&%�'��$ &%'��'%�� %�

�� '�(�)��!��*�+�,-./0123�4354

��675-�8��9%"��!�5:*�5-57;

��

��<��

��

��

��

��

��1� ��=��1�

�6��

��

��

��

��

��

��

!� ��

��

��

�

��

��

��

��

"��

3��4 3� ��4

3��66�� 4

��

��

��

��

��

��

��

��

��

��

��

��

��

SUMMONS (CITACION JUDICIAL)

UNLAWFUL DETAINER-EVICTION

(RETENCION ILiCITA DE UN INMUEBLE-DESALOJO)

NOTICE TO DEFENDANT: (AV/SO AL DEMANDADO):NAME OF DEFENDANT/S (IF THERE ARE DOES, YOU MUST INDICATE HERE AS WELL.) YOU ARE BEING SUED BY PLAINTIFF:

(LO ESTA DEMANDANDO EL DEMANDANTE):

NAME OF PLAINTIFF/S

SUM-130

1. The name and address of the court is:(El nombre y direcci6n de la corte es):

ADDRESS OF THE COURT YOU FILED IN

2. The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (Ef nombre, fa direcci6n y efnumero de tefefono def abogado def demandante, o def demandante que no tiene abogado, es):NAME OF PLAINTIFF/S YOUR PHONE NUMBERYOUR ADDRESSYOUR CITY, STATE, AND ZIP CODE

Page 1 of 2

Form Adopted for Mandatory Use SUMMONS-UNLAWFUL DETAINER-EVICTION

Code of Civil Procedure, §§ 412.20, 415.456. 1167 Judicial Council of California SUM-130 [Rev. September 1, 2019] SAMPLE

www.courts.ca.gov

CASE NUMBER (numero del caso):

LEAVE BLANK

FOR COURT USE ONLY

(SOLO PARA USO DE LA CORTE)

SAMPLE

NAMES MUST MATCH EXACTLY AS LISTED ON THE CAPTION OF THE COMPLAINT

NOT CE! You have been sued The court may dec de aga nst jAVISO! Usted ha sido demandado. Si no responde dentro de 5 dias, el tribunal puede emitir un fallo en su contra sin una audiencia. Una vez que le entreguen esta citaci6n y papeles legales, solo tiene 5 DIAS, sin contar sabado y domingo y otros dias feriados del tribunal, para presentar una respuesta por escrito en este tribunal y hacer que se entregue una copia al demandante.

Unacartaounallamadatelef6nicanoloprotege.Surespuestapor escrito tiene que estar en formato legal correcto si desea que procesensucasoenlacorte.Esposiblequehayaunformulario queustedpuedausarparasurespuesta.Puedeencontrarestos formularios de la corte y mas informaci6n en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en la bibliotecade leyes de su condado o en la corte que le quede mas cerca. Si no presenta su respuesta a tiempo, puede perder el caso por falta decomparecenciayselepodraquitarsusueldo,dineroybienessin mas advertencia.

Hay otros requisitos legales. Es recomendable que llame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio de remisi6n a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services, (www.lawhelpcalifornia.org), en el Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) o poniendose en contacto con la corte o el colegio de abogados local.

you w thout your be ng heard un ess you respond w th n 5 days You have 5 DAYS not count ng Saturdays and Sundays and other jud c a ho days after th s summons and ega papers are served on you to f e a wr tten response at th s court and have a copy served on the p a nt ff

A etter or phone ca w not protect you Your wr tten response must be n proper ega form f you want the court to hear your case There may be a court form that you can use for your response You can f nd these court forms and more nformat on at the Ca forn a Courts On ne Se f-He p Center (www courts ca gov/se lhe p), your county law library, or the courthouse nearest you. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court.

There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services website (www lawhelpca org), the California Courts Online Self-Help Center (www courts ca gov/selfhelp), or by contacting your local court or county bar association.

FEE WAIVER: If you cannot pay the filing fee, ask the clerk for a fee waiver form. NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.

EXENCION DE CUOTAS: Si no puede pagar la cuota de presentaci6n, pida al secretario de la corte que le de un formulario de exenci6n de pago de cuotas. AVISO: Por ley, la corte tiene derecho a reclamar las cuotas y los costos exentos con un g avamen sob e cua qu e can dad de $10,000 6 mas ec b da med an e un acue do o una conces 6n de a b aje en un caso de de echo c v l T ene que paga e g avamen de a co e an es de que a co e pueda deses ma e casol

http://www.courts.ca.gov/

5. NOTICE TO THE PERSON SERVED: You are served

a. □x as an individual defendant.

b. □ as the person sued under the fictitious name of (specify):

c. □ as an occupant.

d. □on behalf of (specify):

under:□CCP 416.10 (corporation).

□CCP 416.20 (defunct corporation). □CCP 416.60 (minor).

□CCP 415.46 (occupant).

e.□ by personal delivery on (date):

□CCP 416.40 (association or partnership). □CCP 416.90 (authorized person).□CCP 416.70 (conservatee).

□ other (specify):

[SEAL]

SUM-130

PLAINTIFF Name): NAME OF PLAINTIFF/S CASE NUMBER:

DEFENDANT Name): NAME OF DEFENDANT/S

3. (Must be answered in all cases) An unlawful detainer assistant (Bus. & Prof. Code, §§ 6400-6415) □X 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, complete item 6 on the next page.)

4. Unlawful detainer assistant (complete if plaintiff has received any help or advice for pay from an unlawful detainer assistant):a. Assistant's name:b. Telephone no.:

LEAVE THIS SECTION BELOW BLANK

c. Street address, city, and zip:

d. County of registration:e. Registration no.:f. Registration expires on (date):

Date: Clerk, by , Deputy Fecha) (Secretario) Adjun o)

(For proof of service of this summons, use Proof of Service of Summons (form POS-010).)

(Para prueba de entrega de esta citaci6n use el formulario Proof of Service of Summons, (form POS-010)).

SUM-130 [Rev. September 1, 2019] SUMMONS-UNLAWFUL DETAINER-EVICTION Page 2 of 2

SAMPLE

SAMPLE

UD-100

2.

Plaintiff's interest in the premises is

Civil Code, § 1940 et seq;. Code of Civil Procedure, §§ 425.12, 1166

www.courts.ca.gov

Form Approved for Optional Use Judicial Council of California UD–100 [Rev. September 1, 2020]

Page 1 of 4

COMPLAINT—UNLAWFUL DETAINER

The true names and capacities of defendants sued as Does are unknown to plaintiff.

* NOTE: Do not use this form for evictions after sale (Code Civ. Proc., § 1161a).

1.

a. Plaintiff is (1)

(2)

(3)

(5)

b.

4.

5.

(specify):


BRANCH NAME:

CITY AND ZIP CODE:

STREET ADDRESS:

MAILING ADDRESS:

PLAINTIFF:

DEFENDANT:

DOES 1 TO

CASE NUMBER:COMPLAINT—UNLAWFUL DETAINER*

COMPLAINT AMENDED COMPLAINT (Amendment Number):

ATTORNEY OR PARTY WITHOUT ATTORNEY

STATE: ZIP CODE:CITY:

STREET ADDRESS:

FIRM NAME:

NAME:

FAX NO.:

EMAIL ADDRESS:


STATE BAR NUMBER:

TELEPHONE NO.:

FOR COURT USE ONLY

PLAINTIFF (name each):

alleges causes of action against DEFENDANT (name each):

(4)an individual over the age of 18 years.

a public agency.

other

a partnership.

a corporation.

Plaintiff has complied with the fictitious business name laws and is doing business under the fictitious name of (specify):(specify):

as owner other

3. The venue is the court named above because defendant named above is in possession of the premises located at (streetaddress, apt. no., city, zip code, and county):

c. The premises in 3a were constructed in (approximate year):

b. The premises in 3a are (check one)

(name of city):within the unincorporated area of within the city limits of

(name of county):(1)

(2)

a.

Jurisdiction (check all that apply):

Amount demanded ACTION IS A LIMITED CIVIL CASE

does not exceed $10,000.

exceeds $10,000 but does not exceed $25,000.

ACTION IS AN UNLIMITED CIVIL CASE (amount demanded exceeds $25,000)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).

from limited to unlimited.

from unlimited to limited.

KERNADDRESS OF THE COURT YOU FILED IN

NAME OF PLAINTIFF/S

NAME OF DEFENDANT/S

LEAVE BLANK

YOUR CITY, STATE, AND ZIP CODEYOUR ADDRESS

YOUR NAME AND THE NAMES OF ANY OTHER PLAINTIFF/S FILING WITH YOU

YOUR EMAIL ADDRESSPETITIONER, IN PRO PER

YOUR PHONE NUMBER

NAME OF PLAINTIFF/S

NAME OF DEFENDANT/S

ADDRESS OF THE RENTAL PROPERTY, INCLUDE COUNTY

YEAR BUILT

CITY WHERE LOCATEDKERN

✖

DuarteD

Underline

DuarteD

Text Box

SAMPLE

DuarteD

Text Box

CHECK THIS OPTION ONLY IF THERE ARE OTHER ADULTS LIVING IN THE PROPERTY AND YOU WISH TO SUE THEM AS WELL (Does 1 to 10 is the most commonly used when applicable). IF YOU ADD DOES, IT MUST MATCH THE SUMMONS EXACTLY.

DuarteD

Text Box

CHOOSE ONE

DuarteD

Line

DuarteD

Line

DuarteD

Line

DuarteD

Line

DuarteD

Rectangle

DuarteD

Text Box

CHOOSE ONE

DuarteD

Line

DuarteD

Text Box

ARE YOU THE OWNER OR OTHER, SUCH AS PROPERTY MANAGER?

DuarteD

Line

DuarteD

Text Box

IS THE PROPERTY LOCATED WITHIN THE CITY LIMITS OR UNINCORPORATED COUNTY AREA

DuarteD

Line

DuarteD

Line

DuarteD

Polygon

SAMPLE

COMPLAINT—UNLAWFUL DETAINER Page 2 of 4UD-100 [Rev. September 1, 2020]

(2)(3)

d.

c.

e.

f.

(1)

(2)

(specify):

CASE NUMBER:PLAINTIFF:

DEFENDANT:

The defendants not named in item 6a are

assignees. subtenants.

Other (specify):

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.)

(1)

The agreement was later changed as follows

(For residential property) A copy of the written agreement is not attached because (specify reason):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)).

UD-100

Because defendant failed to vacate, plaintiff is seeking to recover the total amount in 8b as damages in this action.

7. The tenancy described in 6 (complete (a) or (b))

(1)

(2)

a.

b.

c.

The tenancy was terminated for at-fault just cause (Civil Code, § 1946.2(b)(1)).

waived the payment of rent for the final month of the tenancy, before the rent came due, under

provided a direct payment of one month's rent under section 1946.2(d)(3), equaling

a. is not subject to the Tenant Protection Act of 2019 (Civil Code, § 1946.2). The specific subpart supporting why tenancy is exempt is

b. is subject to the Tenant Protection Act of 2019.

The tenancy was terminated for no-fault just cause (Civil Code, § 1946.2(b)(2)) and the plaintiff (check one)

$

$to (name each defendant and amount given to each):

9. a. Defendant (name each):

section 1946.2(d)(2), in the amount of .

(Complete only if item 7b is checked. Check all applicable boxes.)8.

(specify): .

agreed to rent the premises as a

agreed to pay rent on the(3)

(1)

(2)

(3)

(4)

This

6.

(specify):(specify frequency):

(specify):

(specify):

a. On or about (date):defendant (name each):

(1) month-to-month tenancy other tenancy (2) agreed to pay rent of $ payable other monthly

other day first of the month

b. oral written

plaintiff.

plaintiff's agent.

plaintiff's predecessor in interest.

Other

agreement was made with

(5)

(4)(7)

(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(not applicable if item 7b checked)

3-day notice to quitOther

(6) 3-day notice to quit under Civil Code, § 1946.2(c)Prior required notice to perform covenants served (date): .

was served the following notice on the same date and in the same manner:

(specify):

✖

NAME OF EACH DEFENDANT/S

DuarteD

Text Box

DATE AGREEMENT WAS MADE, IF ANY

DuarteD

Typewritten Text

FILL OUT OF THE TERMS OF THE AGREEMENT

DuarteD

Polygon

DuarteD

Line

DuarteD

Line

DuarteD

Line

DuarteD

Text Box

ARE THERE ANY OTHER PEOPLE LIVING IN THE RENTAL UNIT THAT ARE NOT ON THE AGREEMENT?

DuarteD

Line

DuarteD

Line

DuarteD

Text Box

INDICATE IF THERE IS WRITTEN AGREEMENT, CHOOSE e OR f

DuarteD

Line

DuarteD

Line

DuarteD

Typewritten Text

HAS THERE BEEN ANY CHANGES TO THE AGREEMENT, SUCH AS A RENT INCREASE? INDICATE HERE.

DuarteD

Text Box

INDICATE a OR b IF THE PROPERTY IS EXEMPT

DuarteD

Line

DuarteD

Line

DuarteD

Text Box

INDICATE IF TERMINATION OF TENANCY WAS AT-FAULT OR NO-FAULT

DuarteD

Line

DuarteD

Line

DuarteD

Typewritten Text

NAME OF DEFENDANT/S

DuarteD

Typewritten Text

INDICATE THE TYPE OF NOTICE GIVEN TO TENANT

DuarteD

Polygon

DuarteD

Line

SAMPLE


10.

(4)

(5)

b.


a.

(3)

a person of suitable age and discretion,

because defendant cannot be found at defendant's residence or usual place of business.

AND mailing a copy to defendant at defendant's place of residence

c.

d.

(a)

(b)

(1)

(2) ,

person found residing at the premises AND mailing a copy to defendant at the premises

at defendant's

The notice in item 9a was served on the defendant named in item 9a as follows:

By personally handing a copy to defendant on (date):By leaving a copy with (name or description):

on (date):residence business

on (date):

By posting a copy on the premises on (date):AND giving a copy to a

on (date):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.

(Not for 3-day notice; see Civil Code, § 1946, before using) By sending a copy by certified or registered mail addressed to defendant on (date):(Not for residential tenancies; see Civil Code, § 1953, before using) In the manner specified in a written commercial lease between the parties

(Name):

Information about service of notice on the defendants alleged in item 9f is stated in Attachment 10c.

Proof of service of the notice in item 9a is attached and labeled Exhibit 3.


DEFENDANT:

UD-100

Plaintiff has met all applicable requirements of the ordinances.

16.

15.

per day.

11.

12.

13.

14.

$

$

(city or county, title of ordinance, and date of passage):

Plaintiff demands possession from each defendant because of expiration of a fixed-term lease.

At the time the 3-day notice to pay rent or quit was served, the amount of rent due was

The fair rental value of the premises is

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 14.)

A written agreement between the parties provides for attorney fees.

Defendant's tenancy is subject to the local rent control or eviction control ordinance of

17.

Plaintiff accepts the jurisdictional limit, if any, of the court.18.

Other allegations are stated in Attachment 17.

f.

c.

b.

All facts stated in the notice are true.

e.

d.

(2) Defendants failed to comply with the requirements of the notice by that date.

the period stated in the notice checked in 9a expired at the end of the day.(1) On (date):

The notice included an election of forfeiture.

A copy of the notice is attached and labeled Exhibit 2. (Required for residential property. See Code Civ. Proc., § 1166. When Civil Code, § 1946.2(c), applies and two notices are required, provide copies of both.)

One or more defendants were served (1) with the prior required notice under Civil Code, § 1946.2(c), (2) with a different notice, (3) on a different date, or (4) in a different manner, as stated in Attachment 10c. (Check item 10c and attach a statement providing the information required by items 9a–e and 10 for each defendant and notice.)

9.

✖

✖

✖

✖

DATE NOTICE ENDED

DuarteD

Rectangle

DuarteD

Text Box

DESCRIBE HOW NOTICE WAS GIVEN. CHOOSE ONLY ONE

DuarteD

Line

DuarteD

Text Box

IF REQUESTED, MONTHLY RENT DIVIDED BY 30

DuarteD

Line

DuarteD

Text Box

CHECK BOX AND FILL IN THE AMOUNT IF YOU GAVE A NOTICE TO PAY RENT OR QUIT

DuarteD

Line

DuarteD

Typewritten Text

X

SAMPLE


21.

(SIGNATURE OF PLAINTIFF OR ATTORNEY)

UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400–6415)

VERIFICATION




DEFENDANT:

(Complete in all cases.) An unlawful detainer assistant did not did

d. b.

c. a.

f.

for compensation give advice or assistance with this form. (If declarant has received any help or advice for pay from an unlawful detainer assistant, complete a–f.)

e.

(TYPE OR PRINT NAME)

Date:

Assistant's name:

Street address, city, and zip code:

Telephone no.:

County of registration:

Registration no.:

Expires on (date):

(SIGNATURE OF PLAINTIFF)(TYPE OR PRINT NAME)

Date:

costs incurred in this proceeding:

i.

19. PLAINTIFF REQUESTS

possession of the premises.

20.

h.

a.

b.

c.

d.

e.

g.

for each day that defendants remain in possession through entry of judgment.

$

(specify):

(specify):

past-due rent of

reasonable attorney fees.

forfeiture of the agreement.

damages at the rate stated in item 13 from

date:

statutory damages up to $600 for the conduct alleged in item 14.

other

Number of pages attached

f. $

damages in the amount of waived rent or relocation assistance as stated in item 8:

✖

NAME OF PLAINTIFF/S

DATE SIGNED

NAME OF PRINCIPLE PLAINTIFF

DATE SIGNED

✖ ✖

.

DuarteD

Typewritten Text

DATE AFTER RENT 3-DAY NOTICE COVERS

DuarteD

Typewritten Text

AMOUNT IN #10

DuarteD

Typewritten Text

X

DuarteD

Typewritten Text

X

DuarteD

Typewritten Text

COUNT NUMBER OF PAGES ATTACHED AND ENTER HERE

DuarteD

Text Box

IF YOU ARE REQUESTING REIMBURSEMENT FOR RENT WAIVER OR RELOCATION ASSISTANCE

DuarteD

Line

DuarteD

Typewritten Text

YOUR SIGNATURE

DuarteD

Typewritten Text

YOUR SIGNATURE

DuarteD

Text Box

DuarteD

Text Box

CM-010

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




STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

CASE NAME:

CIVIL CASE COVER SHEET CASE NUMBER:Complex Case DesignationUnlimited Limited

Counter Joinder(Amount (Amount

Filed with first appearance by defendantdemanded demanded isJUDGE:

(Cal. Rules of Court, rule 3.402)exceeds $25,000) $25,000 or less) DEPT.:

Items 1-6 below must be completed (see instructions on page 2).1. Check one box below for the case type that best describes this case:

Auto Tort Contract Provisionally Complex Civil Litigation

Auto (22) Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400-3.403)

Uninsured motorist (46) Rule 3.740 collections (09) Antitrust/Trade regulation (03)

Other PI/PD/WD (Personal Injury/PropertyInsurance coverage (18)

Construction defect (10)

Damage/Wrongful Death) TortOther contract (37)

Mass tort (40)

Asbestos (04)

Real Property

Securities litigation (28)

Product liability (24)

Eminent domain/Inverse

Environmental/Toxic tort (30)

Medical malpractice (45)

condemnation (14)

Insurance coverage claims arising from the

Other PI/PD/WD (23)

Wrongful eviction (33)

above listed provisionally complex case

Non-PI/PD/WD (Other) TortOther real property (26)

types (41)

Business tort/unfair business practice (07)

Unlawful Detainer


Civil rights (08)

Commercial (31)

Enforcement of judgment (20)

Defamation (13)

Residential (32)


Fraud (16)

Drugs (38)

RICO (27)

Intellectual property (19)

Judicial Review

Other complaint (not specified above) (42)

Professional negligence (25)

Asset forfeiture (05)

Miscellaneous Civil PetitionOther non-PI/PD/WD tort (35)

Petition re: arbitration award (11)

Partnership and corporate governance (21)

Other petition (not specified above) (43)Employment

Writ of mandate (02)Wrongful termination (36)

Other judicial review (39)Other employment (15)

2. This case is is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark thefactors requiring exceptional judicial management:a. Large number of separately represented parties d. Large number of witnessesb. Extensive motion practice raising difficult or novel e. Coordination with related actions pending in one or more courts

issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal courtc. Substantial amount of documentary evidence f. Substantial postjudgment judicial supervision

3. Remedies sought (check all that apply): a. monetary b. nonmonetary; declaratory or injunctive relief c. punitive4. Number of causes of action (specify):5. This case is is not a class action suit.6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.)

Date:

(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)

NOTICE

� Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filedunder the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may resultin sanctions.

� File this cover sheet in addition to any cover sheet required by local court rule.� If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all

other parties to the action or proceeding.� Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only.

Page 1 of 2

Form Adopted for Mandatory Use CIVIL CASE COVER SHEET Cal. Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3.740;Judicial Council of California Cal. Standards of Judicial Administration, std. 3.10CM-010 [Rev. July 1, 2007] www.courtinfo.ca.gov

Other collections (09)

� � � �

� ��

� ��

��

� ��

� ��

� �

� ��

� ��

� �

`

KERN1415 Truxtun AvenueSAMEBakersfield, CA 93301Metropolitan Division

X BCL-

X

X

X

OneX

INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET

To Plaintiffs and Others Filing First Papers. must complete and file, along with your first paper, the Civil Case Cover Sheet

statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1, check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A coversheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court.

To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiff's designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that

CASE TYPES AND EXAMPLES

Auto Tort ContractProvisionally Complex Civil Litigation (Cal.

Auto (22)-Personal Injury/Property Breach of Contract/Warranty (06)Rules of Court Rules 3.400-3.403)

Damage/Wrongful Death Breach of Rental/Lease

Uninsured Motorist (46) (if the Contract (not unlawful detainer Antitrust/Trade Regulation (03)

case involves an uninsured or wrongful eviction) Construction Defect (10)

motorist claim subject to Contract/Warranty Breach-Seller Claims Involving Mass Tort (40)

arbitration, check this item Plaintiff (not fraud or negligence) Securities Litigation (28)

instead of Auto) Negligent Breach of Contract/ Environmental/Toxic Tort (30)

Other PI/PD/WD (Personal Injury/Warranty Insurance Coverage Claims

Property Damage/Wrongful Death)Other Breach of Contract/Warranty (arising from provisionally complex

Tort

Collections (e.g., money owed, open case type listed above)

Asbestos (04)book accounts) (09)

Asbestos Property DamageCollection Case-Seller Plaintiff


Asbestos Personal Injury/Other Promissory Note/Collections

Enforcement of Judgment (20)

Wrongful DeathCase

Abstract of Judgment (Out of

Product Liability (not asbestos orInsurance Coverage (not provisionally

County)

toxic/environmental) (24)complex) (18)

Confession of Judgment (non-

Medical Malpractice (45)Auto Subrogation

domestic relations)

Medical Malpractice-Other Coverage

Sister State Judgment

Physicians & SurgeonsOther Contract (37)

Administrative Agency Award

Other Professional Health CareContractual Fraud

(not unpaid taxes)

MalpracticeOther Contract Dispute

Petition/Certification of Entry of

Other PI/PD/WD (23)Real Property

Judgment on Unpaid Taxes

Premises Liability (e.g., slipEminent Domain/Inverse

Other Enforcement of Judgment

and fall)Condemnation (14)

Case

Intentional Bodily Injury/PD/WDWrongful Eviction (33)


(e.g., assault, vandalism)Other Real Property (e.g., quiet title) (26)

RICO (27)

Intentional Infliction ofWrit of Possession of Real Property

Other Complaint (not specified

Emotional DistressMortgage Foreclosure

above) (42)

Negligent Infliction ofQuiet Title

Declaratory Relief Only

Emotional DistressOther Real Property (not eminent

Injunctive Relief Only (non-

Other PI/PD/WDdomain, landlord/tenant, or

harassment)

Non-PI/PD/WD (Other) Tortforeclosure)

Mechanics Lien

Business Tort/Unfair BusinessUnlawful Detainer

Other Commercial Complaint

Practice (07)Commercial (31)

Case (non-tort/non-complex)

Civil Rights (e.g., discrimination,Residential (32)

Other Civil Complaint

false arrest) (not civilDrugs (38) (if the case involves illegal

(non-tort/non-complex)

harassment) (08)drugs, check this item; otherwise,

Miscellaneous Civil Petition

Defamation (e.g., slander, libel)report as Commercial or Residential)

Partnership and Corporate

(13)

Governance (21)

Fraud (16)

Judicial ReviewOther Petition (not specified

Intellectual Property (19)

Asset Forfeiture (05)above) (43)

Professional Negligence (25)

Petition Re: Arbitration Award (11)Civil Harassment

Legal Malpractice

Writ of Mandate (02)Workplace Violence

Other Professional Malpractice

Writ-Administrative MandamusElder/Dependent Adult

(not medical or legal)

Writ-Mandamus on Limited CourtAbuse

Other Non-PI/PD/WD Tort (35)

Case MatterElection Contest

Employment

Writ-Other Limited Court CasePetition for Name Change

Wrongful Termination (36)

ReviewPetition for Relief from Late

Other Employment (15)

Other Judicial Review (39)Claim

Review of Health Officer OrderOther Civil Petition

Notice of Appeal-LaborCommissioner Appeals

CM-010 [Rev. July 1, 2007] CIVIL CASE COVER SHEET Page 2 of 2

CM-010

If you are filing a first paper (for example, a complaint) in a civil case, you contained on page 1. This information will be used to compile

cause of action.

the case is complex.

To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of moneyowed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction inwhich property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ ofattachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the generaltime-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740.

(41)

��

��

��

��

��

��

��

�� !"#��" �� "�� $�� #� %�� %�� %%�

!�� %��%�� %�� %�� %��%�� %�� %�� "��%&'��(�� )#�� #�� %��%��#�� % ��#� �� #��#� �� *��%�� %��

�� +�� %��*�� #�� %�� %�� %%�� #�� %��%�� %�� %�� %�� %�� ,�� "��(�� )#�� %�� "��%&'��(�� )#��

-� �� %��.��

�!"��/01�2��

3� �� #� ��#� ��%�� %%4�� #�� %%�� #��.�� !� ��

��

��

�� !��!"

#��

$��%�&��'(��$��)��*+

�� %�� %��%��#� �*��*�%� �%�� %�� .�� %�� %�� %5-6#666�� 4�� %��

��

"#$%&'(�)�� &�� *�+�� )�� ,�!� �� *�-.#&��/��+�� !� ��

)�� &�� !� � �� !� �� !� ��!� �� 0� � � �� /�� 1 �� #�� 1�� 1�� !� �� !� � ��/�� &�� /�!�� /��

2�� !�� !� �� &�� &�� !� �� !�� 0� � � �� 1��3 ��& �� 1 �� #�� 1�� 1��

�� &�� !� �� 4 �� 0�� 4 �� !�� 567�777��/�� 8 � �� 9� � �!� �� !� ��

��

��

��$,�-��.,(/��

��

7� ��

� !�� 4�� .

�� .

�� "�� #��#� ��8��.

�� %�� .

�� 2�� .

%� 2�� 9��

$��%�&��'(��$��)��*+ ��

:� ��!� ��:�� !�� "#� ��$�%�!��!��&�''�()**�()+,-

%�� %��%��

� �� ;�� 4��

��. ��*#��

�� & ��

#� ��

��

�<�� ;�%�%�"��%�"��0'&=767��

�0�� ;�%�%�"��%�"��#��0'&=767��

�� . �% �� '$,�0+

� �� %��

�� %�� %��

��

�� %�%��

��. ��;�7-<�-6�(�� )� ��;�7-<�<6�(��)�

��;�7-<�36�(��%�� )� ��;�7-<�=6�(�� )�

��;�7-<�76�( �� )� ��;�7-<�>6�( ��8��)�

��;�7-��7<�(�� )� ��

��

� �

��

� ��

�

�

�

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

�� !��"�#$�%&%�'��$ &%'��'%�� %�

�� '�(�)��!��*�+�,-./0123�4354

��675-�8��9%"��!�5:*�5-57;

��

��<��

��

��

��

��

��1� ��=��1�

�6��

��

��

��

��

��

��

!� ��

��

��

�

��

��

��

��

"��

3��4 3� ��4

3��66�� 4

��

��

��

Form Adopted for Mandatory Use Judicial Council of California UD-101 [Rev. July 12, 2021]


Code of Civil Procedure, § 1179.01 et seq.

www.courts.ca.gov

UD-101

FOR COURT USE ONLY

CASE NUMBER:

ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER:

NAME:

FIRM NAME:

STREET ADDRESS:

CITY: STATE: ZIP CODE:


EMAIL ADDRESS:


SUPERIOR COURT OF CALIFORNIA, COUNTY OFSTREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PLAINTIFF:

DEFENDANT:


For action filed (check one): before October 5, 2020 on October 5, 2020, or later

All plaintiffs in unlawful detainer proceedings must file and serve this form. Filing this form complies with the requirement in Code of Civil Procedure section 1179.01.5(c). • Serve this form with the summons. • If a summons has already been served without this form, then serve it by mail or any other means of service authorized by law. • If defendant has answered prior to service of this form, there is no requirement for defendant to respond to the supplemental allegations before trial. Before obtaining a judgment in an unlawful detainer action for nonpayment of rent on a residential property, a plaintiff will be required to verify that no rental assistance or other financial compensation has been received for the amount in the notice demanding payment or accruing afterward, and no application is pending for such assistance. For a default judgment, plaintiff must use Verification by Landlord Regarding Rental Assistance (form UD-120) to make this verification.

1. PLAINTIFF (name each):

alleges causes of action in the complaint filed in this action against DEFENDANT (name each):

2. Statutory cover sheet allegations (Code Civ. Proc., § 1179.01.5(c))

a. This action seeks possession of real property that is (check all that apply): Residential Commercial

(If "residential" is checked, complete items 3 and 4 and all remaining items that apply to this action. If only "commercial" is checked, no further items need to be completed except the signature and verification.)

Yesb. This action is based, in whole or in part, on an alleged default payment of rent or other charges. No

Tenants subject to COVID-19 Tenant Relief Act (Code Civ. Proc., § 1179.02(h))3.

a. (1) One or more defendants in this action is a natural person: Yes No(2) Identify any defendant not a natural person:

(If no is checked, then no further items need to be completed except the signature and verification.)

b. (1) All defendants named in this action maintain occupancy as described in Civil Code section 1940(b). Yes No

(2) Identify any defendant who does not:

(If yes is checked, then no further items need to be completed except the signature and verification.)

Page 1 of 4


UD-101PLAINTIFF:

DEFENDANT:

CASE NUMBER:

4. Federal law allegations

a. Defendant has has not provided a statement under penalty of perjury for the Centers for Disease Control and Prevention's order for Temporary Halt in Evictions to Prevent Further Spread of COVID-19 (85 Federal Register 55292) or its extension. (Note to plaintiff: Proceeding in violation of the federal order may result in civil or criminal penalties.)

b. This action does does not seek possession of a dwelling unit in property that has a federally backed multifamily mortgage for which forbearance has been granted under title 15 United States Code section 9057.

(1) Date forbearance began:

(2) Date forbearance ended:

5. Unlawful detainer notice expired before March 1, 2020 The unlawful detainer complaint in this action is based solely on a notice to quit, to pay or quit, or to perform covenants or quit, in which the time period specified in the notice expired before March 1, 2020. (If this is the only basis for the action, no further items need to be completed except the signature and verification on page 4. (Code Civ. Proc., § 1179.03.5(a)(1).))

Rent or other financial obligations due between March 1, 2020, and August 31, 2020 (protected time period) The unlawful detainer complaint in this action is based, at least in part, on a demand for payment of rent or other financial obligations due in the protected time period. (Check all that apply.)



b. One or more defendants was served with the notice in item 6a on a different date or in a different manner, which service is described in attachment 8c.


was served with at least 15 days' notice to pay rent or other financial obligations, quit, or deliver a declaration, and an unsigned declaration of COVID-19–related financial distress, in the form and with the content required in Code of Civil Procedure section 1179.03(b) and (d).




delivered a declaration of COVID-19–related financial distress on landlord in the time required. (Code Civ. Proc., § 1179.03(f).)

(2) (name each):Defendant

did not deliver a declaration of COVID-19–related financial distress on landlord in the time required. (Code Civ. Proc., § 1179.03(f).)

7. Rent or other financial obligations due between September 1, 2020, and September 30, 2021 (the transition time period) The unlawful detainer complaint in this action is based, at least in part, on a demand for payment of rent or other financial obligations due during the transition time period.



6.

Page 2 of 4


UD-101PLAINTIFF:

DEFENDANT:

CASE NUMBER:

7. b. One or more defendants was served with the notice in item 7a on a different date or in a different manner, which service is described in attachment 8c.


was served with at least 15 days' notice to pay rent or other financial obligations, quit, or deliver a declaration, and an unsigned declaration of COVID-19-related financial distress, in the form and with the content required in Code of Civil Procedure section 1179.03(c) and (d).




delivered a declaration of COVID-19–related financial distress on the landlord in the time required. (Code Civ. Proc., § 1179.03(f).)

(2) Defendant (name each):

did not deliver a declaration of COVID-19–related financial distress on the landlord in the time required. (Code Civ. Proc., § 1179.03(f).))

e. Rent due (complete only if action filed after September 30, 2021):

(1) Rent in the amount of $ was due between September 1, 2020, and September 30, 2021.

(2) Payment of $ for that period was received by September 30, 2021.

8. Service of Code of Civil Procedure Section 1179.04 Notice From the State of California (check all that apply)

a. The notice identified in item 6a and 7a was served on the defendant named in those items as follows:

(1) By personally handing a copy to defendant on (date):(2) By leaving a copy with (name or description): ,

a person of suitable age and discretion, on (date): at defendant's

residence business AND mailing a copy to defendant at defendant's place of residence.

(3) By posting a copy on the premises on (date):AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on(date):

(a) because defendant's residence and usual place of business cannot be ascertained OR

(b) because no person of suitable age or discretion can be found there.

(4) By sending a copy by mail addressed to the defendant on (date):

(Name):b.


c. Information about service of notice on the defendants alleged in items 6b and 7b is stated in Attachment 8c.

d. Proof of service of the notice or notices in items 6a, 6b, 7a, and 7b is attached to this form and labeled Exhibit 1.

9. High-income tenant. The 15-day notice in item 6c or 7c above identified defendant as a high-income tenant and requested submission of documentation supporting the tenant's claim that tenant had suffered COVID-19–related financial distress. Plaintiff had proof before serving that notice that the tenant has an annual income that is at least 130 percent of the median income for the county the rental property is located in and not less than $100,000. (Code Civ. Proc., § 1179.02.5.)

a. The tenant did not deliver a declaration of COVID-19–related financial distress within the required time. (Code Civ. Proc., § 1179.03(f).)

b. The tenant did not deliver documentation within the required time supporting that the tenant had suffered COVID-19– related financial distress as asserted in the declaration. (Code Civ. Proc., § 1179.02.5(c).)

Page 3 of 4


Page 4 of 4

UD-101PLAINTIFF:

DEFENDANT:

CASE NUMBER:

10. Just cause eviction. (Only applicable if action is filed before October 1, 2021. Note: If the tenancy is subject to the Tenant Protection Act (including Civil Code section 1946.2), plaintiff must, if using form UD-100, complete item 8 on that form in addition to this item.)

a. The tenancy identified in the unlawful detainer complaint in this action was terminated for at-fault just cause as defined in Civil Code section 1946.2(b)(1), which reason is in the notice of termination. (Code Civ. Proc., § 1179.03.5(a)(3)(A)(i).)

b. The tenancy identified in the unlawful detainer complaint in this action was terminated for no-fault just cause as defined in Civil Code section 1946.2(b)(2), which reason is in the notice of termination. (Code Civ. Proc., § 1179.03.5(a)(3)(A)(ii).) (Complete (1) or (2) below, only if applicable.)

(1) The no-fault just cause is the intent to demolish or substantially remodel, which is notisnecessary to comply with codes, statutes, or regulations relating to the habitability of the rental units. (Code Civ. Proc., § 1179.03.5(a)(3)(A)(ii).)

(2) The tenancy identified in the complaint in this action was terminated because the owner of the property has entered into a contract with a buyer who intends to occupy the property and the property does notdoesmeet all the requirements of Civil Code section 1946.2(e)(8). (Code Civ. Proc., § 1179.03.5(a)(3)(A)(iii).)

c. This action is based solely on the cause of termination checked in item 10a or b above, and is not for nonpayment of rent or other financial obligations. (If this item applies, plaintiff may not recover any rental debt due from the period between March 1, 2020, and September 30, 2021, as part of the damages in this action. (Code Civ. Proc., § 1179.03.5(a)(3)(B).))

Rent or other financial obligations due after September 30, 2021. (Only applicable if action is filed on or after October 1, 2021.) The only demand for rent or other financial obligations on which the unlawful detainer complaint in this action is based is a demand for payment of rent due after September 30, 2021.

11.

12. Statements regarding rental assistance (Required in all actions based on nonpayment of rent or any other financial obligation. Plaintiff must answer all the questions in this item and, if later seeking a default judgment, will also need to file Verification Regarding Rental Assistance--Unlawful Detainer (form UD-120).)

a. Has plaintiff received rental assistance or other financial compensation from any other source corresponding to the amount demanded in the notice underlying the complaint? Yes No

b. Has plaintiff received rental assistance or other financial compensation from any other source for rent accruing after the date of the notice underlying the complaint? Yes No

c. Does plaintiff have any pending application for rental assistance or other financial compensation from any other source corresponding to the amount demanded in the notice underlying the complaint? Yes No

d. Does plaintiff have any pending application for rental assistance or other financial compensation from any other source for rent accruing after the date on the notice underlying the complaint? Yes No

13. Number of pages attached (specify):

Date:

(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)

VERIFICATION



Date:

(TYPE OR PRINT NAME) (SIGNATURE)

Print this form Save this form Clear this formFor your protection and privacy, please press the Clear This Form button after you have printed the form.

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

�� !"��

�� !��"#$%&&&�

��'��(��)��*�� +, ��-��+, ��

#$��%�&#�%��'��$��(��$�%��%'�'��')'%�*+��'��'��'��,� #$��%'�'��%'�'��

#$��%�&#�%��'��$��(��$�%�%'�'��')'%�*+��'��'��'��,� #$��%'�'��%'�'��

��

��

� � ��

�� !��!�� "� �!��

�#� ��

� �� !�$�� % �� !� � �� $��%�� !� � ��$��

#� �� !�� ! �� !��

� � ��"��#��#"��"�$�� "��

�� &�� $ �� %��

"� ��$��!�! � ��'��%��

.�� $�� !� ��(��( ��!�)�*��+��

�� !"#��$� �� #��%�&�'()*��$�+,-.� / "#��.!/ #��"# ��! " �� #��/��.��&&�)01,'0%�''22��3'**�4��,��5��'%�0*0*6 ��

��7��

��

��

��

��

��,� ��8��,�

��

��

�

� ��$ �� #�� %��

�� % �� ! �� $ ��

�� % �� !��

!� ��$ �� #�%��!��!�� &��

�

� �

��

��

� ��

�

�

�

� �

��

!� ��$�� $�+��

��

��

�#� ��

�� $��%��!��%��

�� ,�!��%� ��$��)� �!�� !�$��$�� !�$�� )� ��!��

�� -� ��' (�� "�� )�� % #�* �+� �+��#��#"�,�--))#�

�� ,�!��%� ��$�� !�� !��

�� .�� /�� #

�� +� �+��#��#"�,�--)-0��#

.� � ��

%��% �� !��$�� $��$��/

�� #0�� !��1� � �"� #0�� !��$�!��1� �

��!� �� 1!�� % �� #20�� !��1� �

�+� #0�� !��1� ��( � ��(��)�*��.�+��!�

�� 1� �� !��$�!�� #0�� !��1� �

�3� ��

��9'**�4��,��5��'%�0*0*6 ��

��

��

+� � ��

� ��

�� $ �� $��0��0$��!� ��!��

�� 4 �� $�� (� ��

�#� �� $��

� �� %� �� $��%��$��% ��

�� #� �� &��!��

�� &��

3� ��!��!� �� +�� !��

� �� 5�!��!� ��,!��2�.��( � ��(��)�*��.�+��! � !�� %��!�

��-�$��

� �� 5�!��!� ��,!��2�.�

�

�� +�� 1!�� % #�+� �%��!� �!�& �#�

�

��!��%��$ ��0��5��!��( � ��(��)�*��.�+�� %��

��!��%��$ ��0��5��!��( � ��(��)�*��.�+��

�� % ��$�� $��!�)� ��!$��)��

��!� ��.�+��)� ��$��4

�� !��$��$��&��!� ��.�+��#�)��1�� 4

�� /

!� 6�!�� !��)�� ' ��!��$�� $�� !� ��

�#� +20�� !��1� �

�

��

�

� ��

� ��

� ��

��

�

�

��

�

�

�

�

�

�

�

�

� ��

�

��

�� ! �� &��& 2� �� #

�� 32 �� (��.�� "�� .��4

�#� �� 4 ��

�� /�� "�� +� ��+��

� ��--15!�#�*�� 4)66�� -5#�

�"� ��.�� ! �. �� #

�+� � � ��/�� !7 �� "�� "��

��

�� $�� ! ��1� ��$�� !��

�3� 8�� -1#

�� !!��5�� !� �� $ �)� ��)��!��

��9'**�4��,��5��'%�0*0*6 ��

��

� ��

�� !�$��% ��1� ��$�� !��

�� !��!��!'�� .��-� ��

!� ,��!�� !��

�� !�� !��!� ��

�� ,�!�� !�� !�� -� ��' (�� #�* �+� �+��#��#"�,�--))#

9� �+��+� "�,�-:5)#0��"�� .�� (�� "�� !��#�

�� $��%��% �� 1� �� !��( � ��(��)�*��.�+��!�)��% ��

�� !�)��#�� )�� $��)�� ,��!�$��2!��+� �%�� -6��

�� (�� !�� :�; �� -6�� #�

�2� � �� !�� $�.�%��$�� $�.��%�/

�� 6�� !��

�� 6�� !��% ��

�� !�� )�� &�

�� !� �� ,7��$ � ��!��&��!�� !�

��

�#� �� !��$ ��

,7�� !�� $ ��,7��$ � ��!��$ ��

��

�� !��&�� !��!�� !�� !�� 8

� � �!�� !�� !��

)

�!��!�� &�� !��!��

�� 32 �� <�� +��+� "�,�-:5)"�! �� 6�� !�� !�� $ �

��

�"� �� <�� +��+� "�,�-:=3"�! �� 9��$��! � �� %� ��

!�$$��! �� %��

� ��

%�� %�� 5� ��%� ��$��

!� ��!�� :�� -6�#

�� :�� ! � ��&��!��3#

.�

��

��

��

��

�

��

� �

��

��

�

�

�

��

�

�

�

�

�

�

�

��

��

�.� ��((�'/��

� �� $ ��

� !�� !�� !�� /

��

!� ��0��4

��

�� $�� $��#��$

�� $��

��

��

2� 7�$ ��!��

� �� 0��1�2��31��%�44�56&&-567$�

�� +�� #��,��%��

��!�$�� !�� !��% �� $�� .��

�� "�� ;�#�

� ,�� &��$�/ !� ��/

� ��)�! ��)��: ��!��/ �� (�� /

�� 8�� /

�� -� ��

��/

:��; :� ��;

��

>� �� !�� #�

9�$�� !�� !�$�� 9��!��5��%��

��!��$ �� 5��$��

(� �� !��!��

��/

��$��4+22��!��!�� $��

:��; :� ��;

��9'**�4��,��5��'%�0*0*6 ��

�

�$�� $��% ��!� �� !�

�� $��/�4

��

��

��

�

� ��

��

�

� � �

��

I DECLARE THE FOLLOWING UNDER PENALTY OF PERJURY:

4. , the landlord or the landlord's authorized agent filed a complaint to recover possession of the premises. (This date is in the accompanying Summons and Complaint.)

I occupied the premises on the date the complaint was filed (the date in item 4). I have continued to occupy the premises ever since.

I claim a right to possession of the premises because I occupied the premises on the date the complaint was filed (the date in item 4).I was not named in the Summons and Complaint.I understand that if I make this claim of possession, I will be added as a defendant to the unlawful detainer (eviction) action.

(Continued on reverse)CP10.5 [Rev. June 15, 2015] Code of Civil Procedure, §§ 415.46,

715.010, 715.020, 1174.25PREJUDGMENT CLAIM OF RIGHT

TO POSSESSION

(Filing fee) I understand that I must go to the court and pay a filing fee of or file with the court an "Application for Waiver of Court Fees and Costs." I understand that if I don't pay the filing fee or file the form for waiver of court fees, I will not be entitled to make a claim of right to possession.

10.

I was at least 18 years of age on the date the complaint was filed (the date in item 4).

My name is (specify):I reside at (street address, unit no., city and ZIP code):

The address of "the premises" subject to this claim is (address):

On (insert date):

$

1.2.

3.

5.

6.7.

8.9.

NOTICE: EVERYONE WHO LIVES IN THIS RENTAL UNIT MAY BE EVICTED BY COURT ORDER. READ THIS FORMIF YOU LIVE HERE AND IF YOUR NAME IS NOT ON THE ATTACHED SUMMONS AND COMPLAINT.

1. If you live here and you do not complete and submit this form, you may be evicted without further hearing by the court along withthe persons named in the Summons and Complaint.

2. You must file this form within 10 days of the date of service listed in the box on the right hand side of this form.l Exception: If you are a tenant being evicted after your landlord lost the property to foreclosure, the 10-day deadline does not

apply to you and you may file this form at any time before judgment is entered. 3. If you file this form, your claim will be determined in the eviction action against the persons named in the complaint.4. If you do not file this form, you may be evicted without further hearing.5. If you are a tenant being evicted due to foreclosure, you have additional rights and should seek legal advice immediately.

CP10.5

NAME OF COURT:

BRANCH NAME:

CITY AND ZIP CODE:

STREET ADDRESS:

MAILING ADDRESS:

Plaintiff:Defendant:

FOR COURT USE ONLY

CASE NUMBER:PREJUDGMENT CLAIM OF RIGHT TO POSSESSION

CLAIMANT OR CLAIMANT'S ATTORNEY (Name and Address):


TELEPHONE NO.:

DATE OF SERVICE:(Date that form is served or delivered, posted, and mailed by the officer or process server)

(To be completed by the process server)Complete this form only if ALL of these statements are true: 1. You are NOT named in the accompanying Summons and Complaint.2. You occupied the subject premises on or before the date the unlawful

detainer (eviction) complaint was filed. (The date is in the accompanyingSummons and Complaint.)

3. You still occupy the subject premises.

BCL-

NOTICE: If you fail to file this claim, you may be evicted without further hearing.

12. I understand that I will have five days (excluding court holidays) to file a response to the Summons and Complaint after I file thisPrejudgment Claim of Right to Possession form.

13. Rental agreement. I have (check all that apply to you):

a.

b.

c.

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

WARNING: Perjury is a felony punishable by imprisonment in the state prison.

(SIGNATURE OF CLAIMANT)

NOTICE: If you file this claim to possession, the unlawful detainer action against you will be determined at trial. At trial, you may be found liable for rent, costs, and, in some cases, treble damages.

— NOTICE TO OCCUPANTS —

YOU MUST ACT AT ONCE if all the following are true:1. You are NOT named in the accompanying Summons and Complaint.2. You occupied the premises on or before the date the unlawful detainer (eviction) complaint was filed.3. You still occupy the premises.

You can complete and SUBMIT THIS CLAIM FORM WITHIN 10 DAYS from the date of service (on the form) at the court where the unlawful detainer (eviction) complaint was filed. If you are a tenant and your landlord lost the property you occupy through foreclosure, this 10-day deadline does not apply to you. You may file this form at any time before judgment is entered. You should seek legal advice immediately.

If you do not complete and submit this form (and pay a filing fee or file a fee waiver form if you cannot pay the fee), YOU WILL BE EVICTED.After this form is properly filed, you will be added as a defendant in the unlawful detainer (eviction) action and your right to occupy the premises will be decided by the court. If you do not file this claim, you may be evicted without a hearing.

PREJUDGMENT CLAIM OF RIGHT TO POSSESSION Page twoCP10.5 [Rev. June 15, 2015]

d.

an oral or written rental agreement with the landlord.an oral or written rental agreement with a person other than the landlord.

an oral or written rental agreement with the former owner who lost the property to foreclosure.

other (explain):

Date:

(TYPE OR PRINT NAME)

CASE NUMBER:Plaintiff:Defendant:

CP10.5

If my landlord lost this property to foreclosure, I understand that I can file this form at any time before judgment is entered, and that I have additional rights and should seek legal advice.

11.

BCL-

POS-010

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

TELEPHONE NO.: FAX NO. (Optional):

E-MAIL ADDRESS (Optional):



STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PLAINTIFF/PETITIONER: CASE NUMBER:

DEFENDANT/RESPONDENT:

Ref. No. or File No.:

PROOF OF SERVICE OF SUMMONS

(Separate proof of service is required for each party served.)

1. At the time of service I was at least 18 years of age and not a party to this action.

2. I served copies of:

a. summons

b. complaint

c. Alternative Dispute Resolution (ADR) package

d. Civil Case Cover Sheet (served in complex cases only)

e. cross-complaint

f. other (specify documents) :

3. a. Party served (specify name of party as shown on documents served) :

b. Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person

under item 5b on whom substituted service was made) (specify name and relationship to the party named in item 3a):

4. Address where the party was served:

5. I served the party (check proper box)

a. by personal service. I personally delivered the documents listed in item 2 to the party or person authorized to

receive service of process for the party (1) on (date) : (2) at (time) :

b. by substituted service. On (date) : at (time) : I left the documents listed in item 2 with or

in the presence of (name and title or relationship to person indicated in item 3) :

(1) (business) a person at least 18 years of age apparently in charge at the office or usual place of business

of the person to be served. I informed him or her of the general nature of the papers.

(2) (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual

place of abode of the party. I informed him or her of the general nature of the papers.

(3) (physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing

address of the person to be served, other than a United States Postal Service post office box. I informed

him or her of the general nature of the papers.

(4) I thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served

at the place where the copies were left (Code Civ. Proc., § 415.20). I mailed the documents on

(date) : from (city): or a declaration of mailing is attached.

(5) I attach a declaration of diligence stating actions taken first to attempt personal service.Page 1 of 2

Form Adopted for Mandatory Use PROOF OF SERVICE OF SUMMONS Code of Civil Procedure, § 417.10Judicial Council of California

POS-010 [Rev. January 1, 2007]

��

�

�

�

�

�

�

�

��

KERN1415 Truxtun AvenueSAMEBakersfield, CA 93301Metropolitan Division

BCL-

X

X

DuarteD

Text Box

X

DuarteD

Typewritten Text

UD-101 Plaintiff's Mandatory Cover Sheet and Supplemental Allegations Unlawful Detainer

PLAINTIFF/PETITIONER: CASE NUMBER:

DEFENDANT/RESPONDENT:

5. c. by mail and acknowledgment of receipt of service. I mailed the documents listed in item 2 to the party, to the

address shown in item 4, by first-class mail, postage prepaid,

(1) on (date) : (2) from (city) :

(3) with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed

to me. (Attach completed Notice and Acknowledgment of Receipt.) (Code Civ. Proc., § 415.30.)

(4) to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40.)

d. by other means (specify means of service and authorizing code section) :

Additional page describing service is attached.

6. The "Notice to the Person Served" (on the summons) was completed as follows:

a. as an individual defendant.

b. as the person sued under the fictitious name of (specify) :

c. as occupant.

d. On behalf of (specify) :

under the following Code of Civil Procedure section:

416.10 (corporation) 415.95 (business organization, form unknown)

416.20 (defunct corporation) 416.60 (minor)

416.30 (joint stock company/association) 416.70 (ward or conservatee)

416.40 (association or partnership) 416.90 (authorized person)

416.50 (public entity) 415.46 (occupant)

other:

7. Person who served papers

a. Name:

b. Address:

c. Telephone number:

d. The fee for service was: $

e. I am:

(1) not a registered California process server.

(2) exempt from registration under Business and Professions Code section 22350(b).

(3) registered California process server:

(i) owner employee independent contractor.

(ii) Registration No.:

(iii) County:

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

or

9. I am a California sheriff or marshal and I certify that the foregoing is true and correct.

Date:

(NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) (SIGNATURE)

POS-010 [Rev. January 1, 2007] PROOF OF SERVICE OF SUMMONS Page 2 of 2

�

�

��

�

��

� ��

�

��

� � �

�

�

BCL-

Do you need help with rent or utilities? You may be eligible for the CA COVID-19 Rent Relief program.

Financial assistance is available from the State of California for income eligible renters and their landlords who have been impacted by COVID-19 and have past due rent or utilities, or who need help with upcoming rent or utilities.

Both renters and landlords are encouraged to apply. Assistance is available for unpaid rent dating back to April 1, 2020, as well as for future rent. Assistance is also available for unpaid utility payments dating back to April 1, 2020, or for future utility payments, which will both be compensated at 100% of cost, limited to a total of 12 months, and paid directly to the utility provider.

Assistance from the CA COVID-19 Rent Relief program does not count as earned income and will not affect eligibility for any other state benefit assistance programs. All applicant information is kept private and will not be shared. Income eligible applicants may qualify regardless of immigration status and will not be required to show proof of citizenship.

How do I apply? To check eligibility and apply, visit HousingIsKey.com or call 833-430-2122. For in-language assistance, to get help with eligibility requirements or filling out an application, schedule an appointment with a local organization near you by calling 833-687-0967.

The CA COVID-19 Rent Relief program is an official State of California sponsored program.

HousingIsKey.com | 833-430-2122

https://housingiskey.com

https://housingiskey.com

unlawful detainers superior court of california …

Documents