1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

5

6

7

8 Superior Court of the State of California

9 For the County of _________________

10

11 Any Plaintiff, ) Case No.
)
12 Plaintiff, ) ANSWER OF DEFENDANT _______ TO
) UNLAWFUL DETAINER COMPLAINT OF
13 vs. ) PLAINTIFF ___________
)
14 Any Defendant, and DOES 1-5 )
)
15 Defendants. )
)
16 )
)
17

18
To subscribe to my FREE weekly legal newsletter visit
19

20 http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail
21
address.
22

23 To view sample document packages sold by LegalDocsPro
24
visit: http://www.legaldocspro.net
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26 To view and purchase my California eviction document collection
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28 containing over 30 sample documents and selling at a huge discount

- 1 -
ANSWER OF DEFENDANT _____________ TO COMPLAINT
1 visit http://legaldocspro.net/california-eviction-litigation-document-
2 package/
3
Be sure to remove this notice and all other notices before using this
4

5 document.
6
COMES NOW, the Defendant, ____________, who answers the unlawful detainer complaint
7

8
of Plaintiff, ________________________, as follows:

9 1. Defendant denies the allegations in paragraph 1 and 6.

10 2. Defendant admits the allegations in paragraph 2.
11
3. Defendant has no information or belief that the allegations in paragraphs 3, 4, 5, 7, 8,
12
9, 10, 11, 12, 13, 14 and 15 are true so Defendant denies them.
13
4. Except as expressly admitted herein, Defendant denies all of the allegations of the
14

15 complaint.

16
If you know that everything in a particular paragraph is
17

18 false deny it. If you have no knowledge whether a particular
19

20 paragraph is true, then deny it on information and belief as
21

22
shown in paragraph 3 above. Remember that anything that
23
you do not specifically deny will be considered admitted and
24

25
that you must admit or deny every paragraph.
26

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- 2 -
ANSWER OF DEFENDANT _____________ TO COMPLAINT
1
Remember that you only have five (5) calendar days to
2

3 answer the complaint. Don’t be late or you will be out of luck.
4

5 Be sure to modify the affirmative defenses to suit your
6
individual situation. Do NOT just use the wording below
7

8
unless it definitely applies to your particular situation.
9

10 Remember that you MUST file and serve your answer by
11

12 the deadline or a default will be entered against you.
13
FURTHER, AS SEPARATE AFFIRMATIVE DEFENSES to each and every cause of action
14
of the complaint, this answering defendant is informed and believes, and on such information and
15

16 belief alleges as follows:

17 FIRST AFFIRMATIVE DEFENSE
18
5. As a First and Separate Affirmative Defense to the complaint this answering defendant
19
alleges that the complaint fails to state a cause of action for unlawful detainer on the grounds that the
20
defective three-day notice served on Defendant and attached to the complaint will not support an
21

22 unlawful detainer action as it fails to state a cause of action for unlawful detainer as it

23 USE THE FIRST EXAMPLE BELOW IF THE THREE-DAY IS A NOTICE TO PAY RENT
24
OR QUIT THAT IS DEFECTIVE IN SOME WAY
25
does not contain the information required by Code of Civil Procedure § 1161(2), and that the three-
26
day notice overstates the amount of rent due as it requests a late charge of $___, thus it is fatally
27

28 defective and will not support an unlawful detainer action.

- 3 -
ANSWER OF DEFENDANT _____________ TO COMPLAINT
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- 4 -
ANSWER OF DEFENDANT _____________ TO COMPLAINT

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