Form Sdsc Civ 241 PDF Details

The Superior Court of California, County of San Diego, provides individuals facing eviction with an Unlawful Detainer Answer Packet, identified as SDSC Civ 241. This packet serves as a vital resource for defendants in eviction cases, ensuring they are equipped with the necessary forms and knowledge to respond effectively. Included within are instructions for filling out the answer form, alongside other critical documents like the Cover Sheet for Declaration of COVID-19-Related Financial Distress and the Proof of Service by First-Class Mail. This documentation is essential for tenants looking to contest an eviction on various grounds, whether it be a general denial of the claims made by the landlord or specific defenses related to COVID-19 financial distress or violations of rental agreement terms. Additionally, the packet outlines steps for requesting a fee waiver, should the defendant be unable to afford court fees—an important consideration given that financial strain often accompanies situations of potential eviction. By providing a comprehensive overview of the process, deadlines, and required actions, the SDSC Civ 241 form empowers tenants with the tools needed to navigate the complexities of the legal process in eviction cases.

QuestionAnswer
Form NameForm Sdsc Civ 241
Form Length12 pages
Fillable?No
Fillable fields0
Avg. time to fill out3 min
Other namesunlawful packet, ca pkt021 download, unlawful detainer packet, answer packet blank

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SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN DIEGO

UNLAWFUL DETAINER

ANSWER PACKET

FORMS INCLUDED IN THIS PACKET

Unlawful Detainer Answer Packet Instructions

SDSC Form #CIV-241

Answer – Unlawful Detainer

Judicial Council Form #UD-105

Cover Sheet for Declaration of COVID-19- Related Financial

Judicial Council Form #UD-104

Distress

 

Attachment- Declaration of COVID-19- Related Financial

Judicial Council Form #UD-104(A)

Distress

 

Proof of Service by First-Class Mail

Judicial Council Form #POS-030

PKT-021 (Rev. 10/21)

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO

CENTRAL DIVISION, HALL OF JUSTICE, 330 W. BROADWAY, SAN DIEGO, CA 92101

UNLAWFUL DETAINER ANSWER PACKET INFORMATION

An unlawful detainer is a lawsuit in which a landlord tries to evict a tenant because according to the landlord, the tenant no longer has the right to live on the property. This is also called an eviction. This packet contains the forms that may be used to answer an unlawful detainer matter and a brief description of the steps involved in the process.

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 may be found on the Superior Court's website at www.sdcourt.ca.gov, and the Judicial Council's self-help website, www.courts.ca.gov/selfhelp- housing.htm.

READ ALL INSTRUCTIONS CAREFULLY BEFORE FILLING OUT ANY FORMS

KEY TERMS & DEFINITIONS

TERM

DEFINITION

Complaint

The lawsuit filed in the court.

 

 

Plaintiff

The party that initiates the lawsuit and files the complaint.

 

 

Defendant

The party or person sued in the lawsuit that may respond to the complaint.

 

 

Answer

A written pleading filed by the defendant in response to the complaint.

 

 

Service

The delivery of copies of legal documents to the opposing party or other person

 

to whom the documents are directed.

Default

Failure of a party to respond to a lawsuit, or to follow proper procedure to prevent

 

entry of a judgment against them.

Judgment

The official decision of the court stating which party won and the terms of the

 

decision.

Writ

A court order authorizing the Sheriff to enforce and satisfy the judgment by levying

 

on real or personal property.

FEES A fee is required to file an answer or respond to the Unlawful Detainer. To determine the amount of the fee, refer to the Fee Schedule (SDSC Form #ADM-001), may be found on the Superior Court's website at www.sdcourt.ca.gov.

WHAT IF I

CANNOT AFFORD THE COURT FEES?

If you cannot afford to pay the court fees, you may request the court waive all or some filing fees or costs by applying fo a fee waiver. Refer to the Information Sheet on Waiver of Superior Court Fees and Costs (JC Form #FW-001-INFO) for additional information. To request a fee waiver, complete the Request to Waive Court Fees (JC Form #FW-001) and Order on Court Fee Waiver (JC Form #FW-003). Submit the fee waiver with your response to the court. These forms are available in the clerk’s office or on the Judicial Council website at www.courts.ca.gov/forms/htm.

COMPLETING FORMS

It is recommended that you type or print responses within the forms in black or blue-black ink.

 

FORM

 

ACTION

•

Answer – Unlawful Detainer

•

Complete front and back of the form.

 

(JC Form #UD-105)

•

Multiple defendants may file an answer together;

 

 

 

however, each person answering must date, sign and

 

 

 

pay a filing fee, or file their own fee waiver.

 

 

• Make two copies of this form.

 

 

 

 

•

Cover Sheet for Declaration of

•

Complete these forms to file a declaration of COVID-19 –

 

COVID-19 – Related Financial

 

related financial distress, if a plaintiff has filed an unlawful

 

Distress (JC Form #UD-104)

 

detainer action against the defendant and asserts that a

•

Attachment – Declaration of

 

defendant did not deliver a declaration within the required

 

COVID-19 – Related Financial

 

15-day period after service of a notice demanding

 

Distress (JC Form #UD-104(A))

 

payment of rent or other financial obligations.

 

 

 

 

SDSC CIV-241 (Rev. 3/21) Informational Form

UNLAWFUL DETAINER ANSWER PACKET INFORMATION

Page 1 of 2

COMPLETING

 

FORM

 

ACTION

 

FORMS, cont.

 

 

 

•

Proof of Service By First-Class

•

Have someone over 18 years of age that is not a party to

 

 

 

 

 

Mail

 

the case, complete this form.

 

 

 

(JC Form #POS-030)

•

The person who signs the form is stating under penalty

 

 

 

 

 

of perjury that they have mailed a copy of the Answer to

 

 

 

 

 

the plaintiff or the plaintiff’s attorney.

 

 

 

 

•

Make two copies of this form.

 

 

•

Request to Waive Court Fees

•

Complete these forms if you cannot afford to pay the

 

 

 

(JC Form #FW-001)

 

court fees and are requesting to have the court fees

 

 

•

Order on Court Fee Waiver

 

waived. Refer to the Information Sheet on Waiver of

 

 

 

(JC Form #FW-003)

 

Court Fees and Costs (JC Form #FW-001-INFO).

 

 

 

 

•

Each defendant who signs the Answer must pay a filing

 

 

 

 

 

fee or submit their own fee waiver.

 

 

 

 

•

Make a copy of each form.

 

 

 

 

DISTRIBUTING

What to do with your completed documents:

 

COPIES

•

Take your original documents to the civil business office to be filed.

 

•Also bring one set of copies with your original documents so the clerk can file-stamp (conform) them for you to keep for your records.

•Have a copy of the Answer and Proof of Service served on the plaintiff or the plaintiff's attorney

(SEE SERVICE SECTION BELOW).

SERVICE

Once you have completed the forms, you are required to notify the other side that you intend to answer

 

or respond. This is called service of process, or serving, which simply means giving a copy of your

 

answer and proof of service to the plaintiff or plaintiff's attorney, if they have one. You cannot do this

 

yourself, but anyone who is over the age of 18 who is not a party to the case can serve the papers for

 

you. You may also have a registered process server serve these papers, but you should be aware

 

that they charge a fee for this service. The person who serves the plaintiff or the plaintiff's attorney

 

needs to complete a Proof of Service (see above), and give it to you so you can file it with the court.

FILING AT THE COURT

How to file documents with the court:

•Take your original documents and copies to the civil business office to be filed.

•Pay the appropriate filing fee for each person that signed the Answer,

OR

•File a fee waiver for each person that signed the Answer. The clerk will file-stamp your copies and return them to you.

TRIAL

Once the trial date has been set, you will be notified by mail. It is your responsibility to keep the court

NOTIFICATION

informed of your current address.

 

If a party to this case will need an interpreter for a hearing, an Interpreter Request/Cancellation Form

 

(SDSC Form #ADM-348) must be submitted. More information may be found on the court’s website

 

at www.sdcourt.ca.gov.

SDSC CIV-241 (Rev. 3/21) Informational Form

UNLAWFUL DETAINER ANSWER PACKET INFORMATION

Page 2 of 2

UD-105

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

FOR COURT USE ONLY

 

TELEPHONE NO.:

FAX NO. (Optional):

EMAIL ADDRESS:

 

ATTORNEY FOR (Name):

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO

CENTRAL DIVISION, HALL OF JUSTICE, 330 W. BROADWAY, SAN DIEGO, CA 92101

PLAINTIFF:

DEFENDANT:

ANSWER—UNLAWFUL DETAINER

CASE NUMBER:

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

answers the complaint as follows:

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

a.

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

Defendant generally denies each statement of the complaint and of the Mandatory Cover Sheet and Supplemental Allegations—Unlawful Detainer (form UD-101).

b. Specific Denials (Check this box and complete (1) and (2) below if complaint demands more than $1,000.) Defendant admits that all of the statements of the complaint and of the Mandatory Cover Sheet and Supplemental Allegations—Unlawful Detainer (form UD-101) are true EXCEPT:

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

(a)Defendant claims the following statements of the complaint are false (state paragraph numbers from the complaint or explain below or, if more room needed, on form MC-025):

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

(b)Defendant has no information or belief that the following statements of the complaint are true, so defendant denies them (state paragraph numbers from the complaint or explain below or, if more room needed, on form MC-025):

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

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

(a)

Defendant did not receive plaintiff's Mandatory Cover Sheet and Supplemental Allegations (form UD-101). (If not checked, complete (b), (c), and (d), as appropriate.)

(b)

Defendant claims the statements in the Verification required for issuance of summons—residential, item 3 of plaintiff's Mandatory Cover Sheet and Supplemental Allegations (form UD-101), are false.

(c)Defendant claims the following statements on the Mandatory Cover Sheet and Supplemental Allegations—Unlawful Detainer (form UD-101) are false (state paragraph numbers from form UD-101 or explain below or, if more room

needed, on form MC-025):

 

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

Page 1 of 5

Form Approved for Optional Use

 

Civil Code, § 1940 et seq.;

ANSWER—UNLAWFUL DETAINER

Code of Civil Procedure, §§ 425.12,

Judicial Council of California

1161 et seq., 1179.01 et seq.

UD-105 [Rev. October 1, 2021]

 

 

www.courts.ca.gov

 

 

UD-105

PLAINTIFF:

DEFENDANT:

CASE NUMBER:

2.b. (2) (d) Defendant has no information or belief that the following statements on the Mandatory Cover Sheet and Supplemental Allegations—Unlawful Detainer (form UD-101) are true, so defendant denies them (state paragraph numbers from form UD-101 or explain below or, if more room needed, on form MC-025):

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

3.DEFENSES AND OBJECTIONS (NOTE: For each box checked, you must state brief facts to support it in item 3w (on page 4) or, if more room is needed, on form MC-025. You can learn more about defenses and objections at www.courts.ca.gov/selfhelp-eviction.htm.)

a.

 

 

 

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

 

 

 

(Nonpayment of rent only) Defendant made needed repairs and properly deducted the cost from the rent, and plaintiff did

b.

 

 

 

 

 

 

 

not give proper credit.

 

 

 

 

 

 

 

c.

 

 

 

(Nonpayment of rent only) On (date):

before the notice to pay or quit expired, defendant offered

 

 

 

 

the rent due but plaintiff would not accept it.

 

 

 

 

 

 

 

d.

 

 

 

Plaintiff waived, changed, or canceled the notice to quit.

 

 

 

 

Plaintiff served defendant with the notice to quit or filed the complaint to retaliate against defendant.

e.

 

 

 

 

 

 

By serving defendant with the notice to quit or filing the complaint, plaintiff is arbitrarily discriminating against the

f.

 

 

 

 

 

 

 

defendant in violation of the Constitution or the laws of the United States or California.

 

 

 

Plaintiff's demand for possession violates the local rent control or eviction control ordinance of (city or county, title of

g.

 

 

 

 

 

 

 

ordinance, and date of passage):

 

 

 

 

 

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

 

 

 

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

h.

 

 

 

 

 

 

 

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

(1)

 

 

 

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

 

 

 

(2)

 

 

 

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

 

 

 

 

 

 

 

 

payment of rent) as required under Civil Code section 1946.2(c).

(3)

 

 

 

Plaintiff failed to comply with the relocation assistance requirements of Civil Code section 1946.2(d).

 

 

 

(4)

 

 

 

Plaintiff has raised the rent more than the amount allowed under Civil Code section 1947.12, and the only unpaid rent

 

 

 

 

 

 

 

 

is the unauthorized amount.

 

(5)

 

 

 

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

 

 

 

 

 

 

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

i.

 

 

 

 

 

 

Plaintiff seeks to evict defendant based on an act against defendant or a member of defendant's household that

j.

 

 

 

 

 

 

 

constitutes domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult. (This

 

 

 

 

defense requires one of the following: (1) a temporary restraining order, protective order, or police report that is not

 

 

 

 

more than 180 days old; OR (2) a signed statement from a qualified third party (e.g., a doctor, domestic violence or

 

 

 

 

sexual assault counselor, human trafficking caseworker, or psychologist) concerning the injuries or abuse resulting from

 

 

 

 

these acts).)

 

 

 

 

Plaintiff seeks to evict defendant based on defendant or another person calling the police or emergency assistance (e.g.,

k.

 

 

 

 

 

 

 

ambulance) by or on behalf of a victim of abuse, a victim of crime, or an individual in an emergency when defendant or

 

 

 

 

the other person believed that assistance was necessary.

 

 

 

 

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

l.

 

 

 

 

 

 

 

obligations due between March 1, 2020, and September 30, 2021, even though alleged to be based on other reasons.

 

 

 

 

(Civ. Code, § 1942.5(d); Gov. Code, § 12955.)

 

 

 

 

 

 

m.

 

 

 

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

 

 

 

 

due between March 1, 2020, and September 30, 2021, and (check all that apply):

(1)

 

 

 

Plaintiff did not serve the general notice or notices of rights under the COVID-19 Tenant Relief Act as required by

 

 

 

 

 

 

 

 

Code of Civil Procedure section 1179.04.

 

(2)

 

 

 

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

 

 

 

 

 

 

 

 

 

 

UD-105 [Rev. October 1, 2021]

ANSWER—UNLAWFUL DETAINER

Page 2 of 5

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answer packet completion process shown (stage 1)

2. Once your current task is complete, take the next step – fill out all of these fields - General Denial Do not check this, Specific Denials Check this box, Denial of Allegations in, a Defendant claims the following, explain below or if more room, Explanation is on form MC titled, b Defendant has no information or, them state paragraph numbers from, Explanation is on form MC titled, Denial of Allegations in, Defendant did not receive, Defendant claims the statements in, c Defendant claims the following, Detainer form UD are false state, and Explanation is on form MC titled with their corresponding information. Make sure to double check that everything has been entered correctly before continuing!

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Step no. 4 for filling out answer packet

5. Lastly, the following last section is precisely what you have to finish prior to using the PDF. The fields here include the next: Plaintiffs demand for possession, Plaintiffs demand for possession, Plaintiff did not serve the, Plaintiff did not serve the, UD Rev October, ANSWERUNLAWFUL DETAINER, and Page of.

Filling in segment 5 of answer packet

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