California Form Fi 128 – Fill Out and Use This PDF

Sec. 1. Instructions to All Parties

(a)These are general instructions. For time limitations, requirements for service on other parties, and other details, see Code of Civil Procedure section 2030 and the cases construing it.

(b)These interrogatories do not change existing law relating to interrogatories nor do they affect an answering party's right to assert any privilege or objection.

Sec. 2. Instructions to the Asking Party

(a)These interrogatories are designed for optional use in unlawful detainer proceedings.

(b)There are restrictions that generally limit the number of interrogatories that may be asked and the form and use of the interrogatories. For details, read Code of Civil Procedure section 2030(c).

(c)In determining whether to use these or any interroga- tories, you should be aware that abuse can be punished by sanctions, including fines and attorney fees. See Code of Civil Procedure sections 128.5 and 128.7.

(d)Check the box next to each interrogatory that you want the answering party to answer. Use care in choosing those interrogatories that are applicable to the case.

(e)Additional interrogatories may be attached.

Sec. 3. Instructions to the Answering Party

(a)An answer or other appropriate response must be given to each interrogatory checked by the asking party. Failure to respond to these interrogatories properly can be punished by sanctions, including contempt proceedings, fine, attorneys fees, and the loss of your case. See Code of Civil Procedure sections 128.5, 128.7, and 2030.

(b)As a general rule, within five days after you are served with these interrogatories, you must serve your responses on the asking party and serve copies of your responses on all other parties to the action who have appeared. See Code Of Civil Procedure section 2030 for details.

(c)Each answer must be as complete and straightforward as the information reasonably available to you permits. If an interrogatory cannot be answered completely, answer it to the extent possible.

(d)If you do not have enough personal knowledge to fully answer an interrogatory, say so, but make a reasonable and good faith effort to get the information by asking other persons or organizations, unless the information is equally available to the asking party.

(e)Whenever an interrogatory may be answered by referring to a document, the document may be attached as an exhibit to the response and referred to in the response. If the document has more than one page, refer to the page and section where the answer to the interrogatory can be found.

(f)Whenever an address and telephone number for the same person are requested in more than one interrogatory, you are required to furnish them in answering only the first interrogatory asking for that information.

(g)Your answers to these interrogatories must be verified, dated, and signed. You may wish to use the following form at the end of your answers:

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

(DATE)		(SIGNATURE)

Sec. 4. Definitions

Words in BOLDFACE CAPITALS in these interrogatories are defined as follows:

(a)PERSON includes a natural person, firm, association, organization, partnership, business, trust, corporation, or public entity.

(b)PLAINTIFF includes any PERSON who seeks recovery of the RENTAL UNIT whether acting as an individual or on someone's behalf and includes all such PERSONS if more than one.

Form Approved by the Judicial Council of California Fl-128 [Rev. July 1, 1987] [Page 1 revised July 1, 1996]

FORM INTERROGATORIES

UNLAWFUL DETAINER

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CCP 2030, 2033.5

(c) LANDLORD includes any PERSON who offered the RENTAL UNIT for rent and any PERSON on whose behalf the RENTAL UNIT was offered for rent and their successors in interest. LANDLORD includes all PERSONS who managed the PROPERTY while defendant was in possession.

(d)RENTAL UNIT is the premises PLAINTIFF seeks to

recover.

(e)PROPERTY is the building or parcel (including common areas) of which the RENTAL UNIT is a part. (For example, if

PLAINTIFF is seeking to recover possession of apartment number 12 of a 20-unit building, the building is the PROPERTY and apartment 12 is the RENTAL UNIT. If PLAINTIFF seeks possession of cottage number 3 in a five-cottage court or complex, the court or complex is the PROPERTY and cottage 3 is the RENTAL UNIT.)

(f) DOCUMENT means a writing, as defined in Evidence Code section 250, and includes the original or a copy of handwriting, typewriting, printing, photostating, photographing, and every other means of recording upon any tangible thing and form of communicating or representation, including letters, words, pictures, sounds, or symbols, or combinations of them.

(g)NOTICE TO QUIT includes the original or copy of any notice mentioned in Code of Civil Procedure section 1161 or Civil Code section 1946, including a 3-day notice to pay rent and quit the RENTAL UNIT, a 3-day notice to perform conditions or covenants or quit, a 3-day notice to quit, and a

30-day notice of termination.

(h)ADDRESS means the street address, including the city, state, and zip code.

Sec. 5. Interrogatories

The following interrogatories have been approved by the Judicial Council under section 2033.5 of the Code of Civil Procedure for use in unlawful detainer proceedings:

CONTENTS

70.0General

71.0Notice

72.0Service

73.0	Malicious Holding Over	(g)
74.0	Rent Control and Eviction Control
75.0 Breach of Warranty to Provide Habitable
	Premises

76.0Waiver, Change, Withdrawal, or Cancellation of Notice to Quit

77.0Retaliation and Arbitrary Discrimination

78.0Nonperformance of the Rental Agreement by Landlord

79.0Offer of Rent by Defendant

80.0Deduction from Rent for Necessary Repairs

81.0Fair Market Rental Value

70.0General

[Either party may ask any applicable question in this section.]

70.1 State the name, ADDRESS, telephone number, and relationship to you of each PERSON who prepared or assisted in the preparation of the responses to these interrogatories. (Do not identify anyone who simply typed or reproduced the responses.)

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70.2Is PLAINTIFF an owner of the RENTAL UNIT? If so, state:

(a)the nature and percentage of ownership interest;

(b)the date PLAINTIFF first acquired this ownership interest.

70.3Does PLAINTIFF share ownership or lack ownership? If so, state the name, the ADDRESS, and the nature and percentage of ownership interest of each owner.

70.4Does PLAINTIFF claim the right to possession other than as an owner of the RENTAL UNIT? If so, state the basis of the claim.

70.5Has PLAINTIFF'S interest in the RENTAL UNIT changed since acquisition? If so, state the nature and dates of each change.

70.6Are there other rental units on the PROPERTY? If so, state how many.

70.7During the 12 months before this proceeding was filed, did PLAINTIFF possess a permit or certificate of occupancy for the RENTAL UNIT? If so, for each state:

(a)the name and ADDRESS of each PERSON named on the permit or certificate;

(b)the dates of issuance and expiration;

(c)the permit or certificate number.

70.8Has a last month's rent, security deposit, cleaning fee, rental agency fee, credit check fee, key deposit, or any other deposit been paid on the RENTAL UNIT? If so, for each item state:

(a)the purpose of the payment;

(b)the date paid;

(c)the amount;

(d)the form of payment;

(e)the name of the PERSON paying;

(f)(the name of the PERSON to whom it was paid;

(g)(any DOCUMENT which evidences payment and the name, ADDRESS, and telephone number of each

PERSON who has the DOCUMENT;

(h)any adjustments or deductions including facts.

70.9State the date defendant first took possession of the

RENTAL UNIT.

70.10State the date and all the terms of any rental agreement between defendant and the PERSON who rented to defendant.

70.11For each agreement alleged in the pleadings:

(a)identify all DOCUMENTS that are part of the agreement and for each state the name, ADDRESS, and telephone number of each PERSON who has the

DOCUMENT;

(b)state each part of the agreement not in writing, the name ADDRESS, and telephone number of each PERSON agreeing to that provision, and the date that part of the agreement was made;

(c)identify all DOCUMENTS that evidence each part of the agreement not in writing and for each state the name, ADDRESS, and telephone number of each

PERSON who has the DOCUMENT;

(d)identify all DOCUMENTS that are part of each modification to the agreement, and for each state

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the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT (see also § 71.5);

(e)state each modification not in writing, the date, and the name, ADDRESS, and telephone number of the PERSON agreeing to the modification, and the date the modification was made (see also § 71.5);

(f)identify all DOCUMENTS that evidence each modifica- tion of the agreement not in writing and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT (see also § 71.5).

70.12 Has any PERSON acting on the PLAINTIFF'S behalf been responsible for any aspect of managing or maintaining the RENTAL UNIT or PROPERTY? If so, for each PERSON state:

(a)the name, ADDRESS, and telephone number;

(b)the dates the PERSON managed or maintained the

RENTAL UNIT or PROPERTY;

(c)the PERSON'S responsibilities.

70.13 For each PERSON who occupies any part of the RENTAL UNIT (except occupants named in the complaint and occupants' children under 17) state:

(a)the name, ADDRESS, telephone number, and birthdate;

(b)the inclusive dates of occupancy;

(c)a description of the portion of the RENTAL UNIT occupied;

(d)the amount paid, the term for which it was paid, and the person to whom it was paid;

(e)the nature of the use of the RENTAL UNIT;

(f)the name, ADDRESS, and telephone number of the per- son who authorized occupancy;

(g)how occupancy was authorized, including failure of the LANDLORD or PLAINTIFF to protest after discovering the occupancy.

70.14 Have you or anyone acting on your behalf obtained any DOCUMENT concerning the tenancy between any occupant of the RENTAL UNIT and any PERSON with an ownership interest or managerial responsibility for the RENTAL UNIT? If so, for each DOCUMENT state:

(a)the name, ADDRESS, and telephone number of each individual from whom the DOCUMENT was obtained;

(b)the name, ADDRESS, and telephone number of each individual who obtained the DOCUMENT;

(c)the date the DOCUMENT was obtained;

(d)the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT (original or copy).

71.0Notice

[If a defense is based on allegations that the 3-day notice or 30-day NOTICE TO QUIT is defective in form or content, then either party may ask any applicable question in this section.]

71.1 Was the NOTICE TO QUIT on which PLAINTIFF bases this proceeding attached to the complaint? If not, state the contents of this notice.

71.2 State all reasons that the NOTICE TO QUIT was served and for each reason:

(a)state all facts supporting PLAINTIFF'S decision to terminate defendant's tenancy;

(b)state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts;

(c)identify all DOCUMENTS that support the facts and state the name, ADDRESS, and telephone number of each PERSON who has each DOCUMENT.

71.3 List all rent payments and rent credits made or claimed by or on behalf of defendant beginning 12 months before the NOTICE TO QUIT was served. For each payment or credit state:

(a)the amount;

(b)the date received;

(c)the form in which any payment was made;

(d)the services performed or other basis for which a credit is claimed;

(e)the period covered;

(f)the name of each PERSON making the payment or earning the credit;

(g)the identity of all DOCUMENTS evidencing the payment or credit and for each state the name, ADDRESS, and telephone number of each PERSON who has the

DOCUMENT.

71.4 Did defendant ever fail to pay the rent on time? If so, for each late payment state:

(a)the date;

(b)the amount of any late charge;

(c)the identity of all DOCUMENTS recording the payment and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT.

71.5 Since the beginning of defendant's tenancy, has PLAINTIFF ever raised the rent? If so, for each rent increase state:

(a)the date the increase became effective;

(b)the amount;

(c)the reasons for the rent increase;

(d)how and when defendant was notified of the increase;

(e)the identity of all DOCUMENTS evidencing the increase and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT.

[See also section 70.11(d)–(f).]

71.6 During the 12 months before the NOTICE TO QUIT was served was there a period during which there was no permit or certificate of occupancy for the RENTAL UNIT? If so, for each period state:

(a)the inclusive dates;

(b)the reasons.

71.7 Has any PERSON ever reported any nuisance or disturbance at or destruction of the RENTAL UNIT or PROPERTY caused by defendant or other occupant of the RENTAL UNIT or their guests? If so, for each report state;

(a)a description of the disturbance or destruction;

(b)the date of the report;

(c)the name of the PERSON who reported;

(d)the name of the PERSON to whom the report was made;

(e)what action was taken as a result of the report;

(f)the identity of all DOCUMENTS evidencing the report and for each state the name, ADDRESS, and telephone number of each PERSON who has each DOCUMENT.

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71.8 Does the complaint allege violation of a term of a rental agreement or lease (other than nonpayment of rent)? If so, for each covenant:

(a)identify the covenant breached;

(b)state the facts supporting the allegation of a breach;

(c)state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts;

(d)identify all DOCUMENTS that support the facts and state the name, ADDRESS, and telephone number of each PERSON who has each DOCUMENT.

71.9 Does the complaint allege that the defendant has been using the RENTAL UNIT for an illegal purpose? If so, for each purpose:

(a)identify the illegal purpose;

(b)state the facts supporting the allegations of illegal use;

(c)state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts;

(d)identify all DOCUMENTS that support the facts and state the name, ADDRESS, and telephone number of each PERSON who has each DOCUMENT.

73.0 Malicious Holding Over

[If a defendant denies allegations that defendant's continued possession is malicious, then either party may ask any applicable question in this section. Additional questions in section 75.0 may also be applicable.]

73.1 If any rent called for by the rental agreement is unpaid, state the reasons and the facts upon which the reasons are based.

73.2 Has defendant made any attempts to secure other premises since the service of the NOTICE TO QUIT or since the service of the summons and complaint? If so, for each attempt:

(a)state all facts indicating the attempt to secure other premises;

(b)state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts;

(c)identify all DOCUMENTS that support the facts and state the name, ADDRESS, and telephone number of each PERSON who has each DOCUMENT.

73.3 State the facts upon which PLAINTIFF bases the allegation of malice.

[Additional interrogatories on this subject may be found in sections 75.0, 78.0, 79.0, and 80.0.]

72.0 Service

74.0 Rent Control and Eviction Control

74.1 Is there an ordinance or other local law in this jurisdiction which limits the right to evict tenants? If your answer is no, you need not answer sections 74.2 through 74.6.

[If a defense is based on allegations that the NOTICE TO QUIT was defectively served, then either party may ask any applicable question in this section.]

72.1Does defendant contend (or base a defense or make any allegations) that the NOTICE TO QUIT was defectively served? If the answer is "no," do not answer interrogatories

72.2through 72.3.

72.2 Does PLAINTIFF contend that the NOTICE TO QUIT referred to in the complaint was served? If so, state:

(a)the kind of notice;

(b)the date and time of service;

(c)the manner of service;

(d)the name and ADDRESS of the person who served it:

(e)a description of any DOCUMENT or conversation between defendant and the person who served the notice.

72.3 Did any person receive the NOTICE TO QUIT referred to in the complaint? If so, for each copy of each notice state:

(a)the name of the person who received it;

(b)the kind of notice;

(c)how it was delivered;

(d)the date received;

(e)where it was delivered;

(f)the identity of all DOCUMENTS evidencing the notice and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT.

74.2 For the ordinance or other local law limiting the right to evict tenants, state:

(a)the title or number of the law;

(b)the locality.

74.3 Do you contend that the RENTAL UNIT is exempt from the eviction provisions of the ordinance or other local law identified in section 74.2? If so, state the facts upon which you base your contention.

74.4 Is this proceeding based on allegations of a need to recover the RENTAL UNIT for use of the LANDLORD or the landlord's relative? If so, for each intended occupant state:

(a)the name;

(b)the residence ADDRESSES from three years ago to the present;

(c)the relationship to the LANDLORD;

(d)all the intended occupant's reasons for occupancy;

(e)all rental units on the PROPERTY that were vacated within 60 days before and after the date the NOTICE TO QUIT was served.

74.5Is the proceeding based on an allegation that the LANDLORD wishes to remove the RENTAL UNIT from residential use temporarily or permanently (for example, to rehabilitate, demolish, renovate, or convert)? If so, state:

(a)each reason for removing the RENTAL UNIT from residential use;

(b)what physical changes and renovation will be made to the RENTAL UNIT;

(c)the date the work is to begin and end;

(d)the number, date, and type of each permit for the change or work;

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(f)the identity of each DOCUMENT evidencing the repair (or correction) and the name, ADDRESS, and telephone number of each PERSON who has it.

[See also section 71.0 for additional questions.]

76.0Waiver, Change, Withdrawal, or Cancellation of Notice to Quit

[If a defense is based on waiver, change, withdrawal, or cancellation of the NOTICE TO QUIT, then either party may ask any applicable question in this section.]

76.1 Did the PLAINTIFF or LANDLORD or anyone acting on his or her behalf do anything which is alleged to have been a waiver, change, withdrawal, or cancellation of the NOTICE

TO QUIT? If so:

(a)state the facts supporting this allegation;

(b)state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of these facts;

(c)identify each DOCUMENT that supports the fact sand state the name, ADDRESS, and telephone number of each PERSON who has it.

76.2 Did the PLAINTIFF or LANDLORD accept rent which covered a period after the date for vacating the RENTAL UNIT as specified in the NOTICE TO QUIT? If so:

(a)state the facts;

(b)state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts;

(b)when it was made;

(c)whether it was written or oral;

(d)by whom and to whom;

(e)the name and ADDRESS of each person who knows about it;

(f)whether all promised repairs, alterations, or improvements were completed or services provided;

(g)the reasons for any failure to perform;

(h)the identity of each DOCUMENT evidencing the agreement or promise and the name, ADDRESS, and telephone number of each PERSON who has it.

78.2 Has PLAINTIFF or LANDLORD or any resident of the PROPERTY ever committed disturbances or interfered with the quiet enjoyment of the RENTAL UNIT (including, for example, noise, acts which threaten the loss of title to the property or loss of financing, etc.)? If so, for each disturbance or interference, state:

(a)a description of each act;

(b)the date of each act;

(c)the name, ADDRESS, and telephone number of each PERSON who acted;

(d)the name, ADDRESS, and telephone number of each PERSON who witnessed each act and any DOC- UMENTS evidencing the person's knowledge;

(e)what action was taken by the PLAINTIFF or LAND- LORD to end or lessen the disturbance or interference.

79.0Offer of Rent by Defendant

(e)the dates and methods of each notice to the

LANDLORD or PLAINTIFF of the condition;

(f)the response or action taken by the LANDLORD or PLAINTIFF to each notification;

(g)the cost to remedy the condition and how the cost was determined;

(h)the identity of any bids obtained for the repairs and any DOCUMENTS evidencing the bids.

80.3 Did LANDLORD or PLAINTIFF fail to respond within a reasonable time after receiving a communication of a need for repair? If so, for each communication state:

(a)the date it was made;

(b)how it was made;

(c)the response and date;

(d)why the delay was unreasonable.

80.4 Was there an insufficient period specified or actually allowed between the time of notification and the time repairs were begun by defendant to allow LANDLORD or PLAINTIFF to make the repairs? If so, state all facts on which the claim of insufficiency is based.

80.5 Does PLAINTIFF contend that any of the items for which rent deductions were taken were not allowable under law? If so, for each item state all reasons and facts on which you base your contention.

80.6 Has defendant vacated or does defendant anticipate vacating the RENTAL UNIT because repairs were requested and not made within a reasonable time? If so, state all facts on which defendant justifies having vacated the RENTAL UNIT or anticipates vacating the rental unit.

81.0 Fair Market Rental Value

[If defendant denies PLAINTIFF allegation on the fair market rental value of the RENTAL UNIT, then either party may ask any applicable question in this section. If defendant claims that the fair market rental value is less because of a breach of warranty to provide habitable premises, then either party may also ask any applicable question in section 75.0]

81.1 Do you have an opinion on the fair market rental value of the RENTAL UNIT? If so, state:

(a)the substance of your opinion;

(b)the factors upon which the fair market rental value is based;

(c)the method used to calculate the fair market rental value.

81.2 Has any other PERSON ever expressed to you an opinion on the fair market rental value of the RENTAL UNIT? If so, for each PERSON:

(a)state the name, ADDRESS, and telephone number;

(b)state the substance of the PERSON's opinion;

(c)describe the conversation or identify all DOCUMENTS in which the PERSON expressed an opinion and state the name, ADDRESS, and telephone number of each

PERSON who has each DOCUMENT.

81.3 Do you know of any current violations of state or local building codes, housing codes, or health codes, conditions of dilapidation or other conditions in need of repair in the RENTAL UNIT or common areas that have affected the RENTAL UNIT at any time defendant has been in possession? If so, state:

(a)the conditions in need of repair;

(b)the kind of repairs needed;

(c)the name, ADDRESS, and telephone number of each PERSON who caused these conditions.

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