Form Sdsc Civ 241 – Fill Out and Use This PDF

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

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.

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.

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.

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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

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.)

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)

(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).

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	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

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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).)

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3. q. Plaintiff violated the COVID-19 Tenant Relief Act (Code Civ. Proc., § 1179.01 et seq.) or a local COVID-19–related ordinance regarding evictions in some other way (briefly state facts describing this in item 3w).

r. The property is covered by the federal CARES Act and the plaintiff did not provide 30 days' notice to vacate. (Property covered by the CARES Act means property where the landlord:

•is participating in a covered housing program as defined by the Violence Against Women Act;

•is participating in the rural housing voucher program under section 542 of the Housing Act of 1949; or

•has a federally backed mortgage loan or a federally backed multifamily mortgage loan.)

s. Plaintiff improperly applied payments made by defendant in a tenancy that was in existence between March 1, 2020, and September 30, 2021 (Code Civ. Proc., § 1179.04.5), as follows (check all that apply):

(1) Plaintiff applied a security deposit to rent, or other financial obligations due, without tenant’s written agreement.

(2) Plaintiff applied a monthly rental payment to rent or other financial obligations that were due between March 1, 2020, and September 30, 2021, other than to the prospective month’s rent, without tenant’s written agreement.

t. Plaintiff refused to accept payment from a third party for rent due. (Civ. Code, § 1947.3; Gov. Code, § 12955.)

u. Defendant has a disability and plaintiff refused to provide a reasonable accommodation that was requested. (Cal. Code Regs,. tit. 2, § 12176(c).)

v. Other defenses and objections are stated in item 3w.

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

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

4. OTHER STATEMENTS

a.

Defendant vacated the premises on (date):

b. The fair rental value of the premises alleged in the complaint is excessive (explain below or, if more room needed, on form MC-025):

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

5.DEFENDANT REQUESTS

a.that plaintiff take nothing requested in the complaint.

b.costs incurred in this proceeding.

c.		reasonable attorney fees.
d.		that plaintiff be ordered to (1) make repairs and correct the conditions that constitute a breach of the warranty to provide
		habitable premises and (2) reduce the monthly rent to a reasonable rental value until the conditions are corrected.

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6. Number of pages attached:

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

7. (Must be completed in all cases.) An unlawful detainer assistant				did not		did	for compensation give advice or
assistance with this form. (If defendant has received any help or advice for pay from an unlawful detainer assistant, state):
a.	Assistant's name:		b.	Telephone number:
c.	Street address, city, and zip code:
d.	County of registration:	e. Registration number:					f. Expiration date:

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

VERIFICATION

(Use a different verification form if the verification is by an attorney or for a corporation or partnership.)

I am the defendant in this proceeding and have read this answer. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME)	(SIGNATURE OF DEFENDANT)

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:

COVER SHEET FOR DECLARATION OF	CASE NUMBER:
COVID-19–RELATED FINANCIAL DISTRESS

Information for Defendant

A defendant tenant may use this form to file a declaration of COVID-19–related financial distress with the court if a plaintiff has filed an unlawful detainer action against the defendant and asserts that a defendant did not deliver a declaration within the required 15-day period after service of a notice demanding payment of rent or other financial obligations. (Code Civ. Proc., § 1179.03(h).)

For information about legal resources that may be available and to learn about other protections that may be available to you under federal or local law, go to lawhelpca.org or https://landlordtenant.dre.ca.gov/ .

•The signed declaration (you may use form UD-104(A)) must be filed within 5 days after the summons and legal papers in the case are served on you, not counting Saturdays, Sundays, and other judicial holidays. This is the same time frame in which you must file an answer or other response to the complaint.

•If the declaration is filed within the time frame described above, the case against you may be dismissed. The court will set a hearing to determine if there was good cause for your not delivering the declaration to the plaintiff in the time required.

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

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

•If the court finds that your failure to provide the declaration was due to mistake, inadvertence, surprise, or excusable neglect, the court will dismiss the case against you.

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

•If attaching a non-English-language declaration provided by the landlord, you should also attach an English-language version, either a copy that was given to you by the landlord or one from landlordtenant.dre.ca.gov/tenant/forms.html .

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

1.Defendant (name ):

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

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

Date:

(TYPE OR PRINT NAME)

(SIGNATURE OF DEFENDANT OR ATTORNEY)

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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:
ATTACHMENT—DECLARATION OF COVID-19–RELATED	CASE NUMBER:
FINANCIAL DISTRESS

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

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

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

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

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

4.Childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member directly related to the COVID-19 pandemic that limit my ability to earn income.

5.Increased costs for childcare or attending to an elderly, disabled, or sick family member directly related to the COVID-19 pandemic.

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

Any public assistance, including unemployment insurance, pandemic unemployment assistance, state disability insurance (SDI), or paid family leave, that I have received since the start of the COVID-19 pandemic does not fully make up for my loss of income and/or increased expenses.

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

Date:

(TYPE OR PRINT NAME)

(SIGNATURE)

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	Form Approved for Optional Use	ATTACHMENT—DECLARATION OF	Code of Civil Procedure, § 1179.02(d)
	Judicial Council of California		www.courts.ca.gov
		COVID-19–RELATED FINANCIAL DISTRESS
	UD-104(A) [New October 5, 2020]

POS-030

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

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

2.My residence or business address is:

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

the following documents (specify):

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

(form POS-030(D)).

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

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

b. placing the envelope for collection and mailing following our ordinary business practices. I am readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid.

5.The envelope was addressed and mailed as follows:

a.Name of person served:

b.Address of person served:

The name and address of each person to whom I mailed the documents is listed in the Attachment to Proof of Service by First-Class Mail—Civil (Persons Served) (POS-030(P)).

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

Date:

(TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM)

(SIGNATURE OF PERSON COMPLETING THIS FORM)

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

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

NOTE: This form should not be used for proof of service of a summons and complaint. For that purpose, use Proof of Service of Summons (form POS-010).

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

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

(1)by personal delivery and (2) by mail. Certain documents must be personally served. You must determine whether personal service is required for a document. Use the Proof of Personal Service–Civil (form POS-020) if the documents were personally served.

The person who served the documents by mail must complete a proof of service form for the documents served. You cannot serve documents if you are a party to the action.

INSTRUCTIONS FOR THE PERSON WHO SERVED THE DOCUMENTS

The proof of service should be printed or typed. If you have Internet access, a fillable version of the Proof of Service form is available at www.courtinfo.ca.gov/forms.

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

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

Second box, left side: Print the name of the county in which the legal action is filed and the court’s address in this box. The address for the court should be the same as on the documents that you served.

Third box, left side: Print the names of the Petitioner/Plaintiff and Respondent/Defendant in this box. Use the same names as are on the documents that you served.

First box, top of form, right side: Leave this box blank for the court’s use.

Second box, right side: Print the case number in this box. The case number should be the same as the case number on the documents that you served.

Complete items 1–5 as follows:

1.You are stating that you are over the age of 18 and that you are not a party to this action. You are also stating that you either live in or are employed in the county where the mailing took place.

2.Print your home or business address.

3.Provide the date and place of the mailing and list the name of each document that you mailed. If you need more space to list the documents, check the box in item 3, complete the Attachment to Proof of Service by First-Class Mail—Civil (Documents Served) (form POS-030(D)), and attach it to form POS-030.

4.For item 4:

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

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

5.Provide the name and address of each person to whom you mailed the documents. If you mailed the documents to more than one person, check the box in item 5, complete the Attachment to Proof of Service by First-Class Mail—Civil (Persons Served) (form POS-030(P)), and attach it to form POS-030.

At the bottom, fill in the date on which you signed the form, print your name, and sign the form. By signing, you are stating under penalty of perjury that all the information you have provided on form POS-030 is true and correct.