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Llt Forms Toc[1]

Llt Forms Toc[1]

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09/20/2014

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Eviction Defense Manual Part II: Model Forms and Pleadings Table of Contents

A. Fee Waivers 1. Application for Waiver of Additional Court Fees 2. Application for Waiver of Court Fees 3. Information Sheet on Waiver of Court Fees 4. Order on Application for Waiver of Additional Court Fees 5. Order on Application for Waiver of Court Fees B. Responses to Complaint 1. Complaint (Form) 2. Substitution of Attorney 3. Unlawful Detainer: Demurrer (Amount of Rent Differs in Complaint and Notice) 4. Unlawful Detainer: Demurrer (Complaint Fails to Allege Compliance with Rent Ordinance or Exemption) 5. Unlawful Detainer: Demurrer (Complaint Fails to State a Claim Sufficient to State a Cause of Action - Complaint is Uncertain) 6. Unlawful Detainer: Demurrer (Complaint Fails to State a Claim Sufficient to State a Cause of Action) 7. Unlawful Detainer: Demurrer (Complaint Filed Prematurely; 30 Day Notice Served by Certified Mail) 8. Unlawful Detainer: Demurrer (Complaint Filed Prematurely; Last Day a Holiday) 9. Unlawful Detainer: Demurrer (Notice Does Not State One of the Grounds for Eviction Provided In the Rent Ordinance) 10. Unlawful Detainer: Demurrer (Nuisance; No Specific Allegations In Notice) 11. Unlawful Detainer: Demurrer (Plaintiff is Business, and No Allegations of Complying With Fictitious Business Statute) 12. Unlawful Detainer: Demurrer and Motion to Strike (Irrelevant Material, No Allegation of Service of the Notice, Complaint Seeks Rent for Period After Notice Expired) 13. Unlawful Detainer: Ex Parte Application for Order to Extend Time to Plead 14. Unlawful Detainer: Motion to Quash (Complaint Slipped Under Door) 15. Unlawful Detainer: Motion to Quash (Court Lacks Jurisdiction) 16. Unlawful Detainer: Motion to Quash (Known Tenant Not Served) 17. Unlawful Detainer: Motion to Strike (Complaint Not Properly Verified) 18. Unlawful Detainer: Motion to Strike (Complaint Seeks Attorneys' Fees; Lease is Oral) a. Demurrer i. Unlawful Detainer: Demurrer - Client Declaration ii. Unlawful Detainer: Demurrer - Notice of Demurrer iii. Unlawful Detainer: Demurrer - P&A iv. Unlawful Detainer: Demurrer - POS v. Unlawful Detainer: Memorandum of Points and Authorities in Reply to Opposition to Demurrer vi. Unlawful Detainer: Sample Opposition to Demurrer and Reply Memorandum in Support of Demurrer

Deposition Scripts 13. Unlawful Detainer: Motion to Quash Service of Summons . Notice of Deposition 17.Illegal Rent Increase (d) Unlawful Detainer: Arguments . Application for Order Shortening Time to Move to Quash Deposition Subpoena 3. Deposition Outline (Nuisance / One Strike) 10.Breach Not Clear (b) Unlawful Detainer: Arguments .Unlawful Detainer (Form) 2. Requests for Admission (OMI) 21. Requests for Admission (One Strike / Marcus Garvey) 23. Notice of Deposition and for Production of Documents 18. Declaration in Support of Motion to Compel and Request for Sanctions 4.Inherently Ambiguous Notice (f) Unlawful Detainer: Arguments . Special Interrogatories (General) . Notice of Motion to Compel Further Responses to Discovery 19.Wrong Address b. Deposition Questions (OMI) 11. Form Interrogatories 14. Motion to Compel Further Responses to Requests for Admission and Interrogatories 16. Discovery 1. Notice to Inspect Premises 20. Letter Seeking Discovery 15.Client Declaration ii.Failure to Serve or Defective Notice (b) Motion to Quash Service of Summons: Arguments . Requests for Admission (One Strike / Housing Authority) 22. Deposition Checklist 7. Unlawful Detainer: Notice of Motion to Quash Service of Summons (1) Arguments (a) Motion to Quash Service of Summons: Arguments . Answer . Deposition Outline (Nonpayment / Marcus Garvey) 8.(1) Arguments (a) Unlawful Detainer: Arguments .Nuisance . Unlawful Detainer: Motion to Quash Service of Summons . Answer 1.Unlawful Detainer (Sample) 3. Demand for Production of Documents (General) 5.Premature Complaint (g) Unlawful Detainer: Arguments . Motion to Quash Service of Summons i.Notice Was Not Attached as an Exhibit to the Complaint C. Application for Order Shortening Time to Move to Compel 2. Demand for Production of Documents (OMI) 6. Deposition Outline (Nonpayment) 9. Demand for Jury Trial D.Complaint Unclear if Written or Oral (c) Unlawful Detainer: Arguments . Deposition Remarks 12.P&A iii.Inaccurate Demand (e) Unlawful Detainer: Arguments . Answer . Unlawful Detainer: Motion to Quash Service of Summons – POS iv.

Merger of Two Units) 5. Jury Instructions (BAJI. Special Jury Instructions (Warranty of Habitability) 19. Special Jury Instructions (Rent Ordinance Application General Principles) 18. with text typed out) 6. Motion for Summary Judgment (OMI. Trial Briefs 1. Special Jury Instructions (Habitability) 12. OMI) 25. Special Jury Instructions (Section 8 / Disability Cases) 11. Special Jury Instructions (Habitability. Motion for Summary Judgment (No Notice Served) 7. Special Jury Instructions (Nonpayment and Habitability) 14. Disability) 13. Trial Brief (Habitual Late Payment) 3. Special Jury Instructions (OMI) 17. Voir Dire Questions (Nuisance) 22.24. Special Jury Instructions (Nonpayment. Pleading . Jury Instructions (BAJI) 4. Usual Stipulations for Depositions E. numbers only) 5. Motion for Summary Judgment (Notice Does Not State Precise Sum Due) F. Motion in Limine to Allow Documents In 7. Jury Trial 1. Trial Brief (LL Conduct Since Complaint Filed Shows Bad Faith) 4. Summary Judgment Motions 1. Special Interrogatories (Nuisance. Voir Dire Questions 21. Special Interrogatories (OMI) 27. Motion for Summary Judgment (Defective Form of OMI Notice) 6. Material Noncompliance with Lease Reasonable Accommodation) 16. Special Interrogatories (OMI) 26. Trial Brief (Defendant's Settlement Offers and Plaintiff's Responses Admissible to Show Bad Faith) 2. Retaliation. Notice to Attend Trial and Produce Evidence at Trial 9. Motion for Summary Judgment (OMI Failure to Pay $500 with Notice) 3. Special Verdict Form 20. Settlement Agreement (Move Out with Cash) . Stipulation for Order to Set Pleading and Discovery Dates 28. Motion for Summary Judgment (OMI Moratorium) 4. Voir Dire Questions (OMI) G.Settlement 2. Motion for Summary Judgment (Defective Form of Nuisance Notice) 2. Failure to Deliver Unit in Habitable Condition) 15. Defendant's Proposed Voir Dire 2. Sample Jury Box 10. Trial Brief (Lack of Good Faith) H. Settlement 1. Breach of Warranty of Habitability. Jury Instructions (BAJI. Motion in Limine to Exclude Evidence 8. Disclosure and Declaration Re: Expert Witness 3. Special Jury Instructions (Nuisance.

Notice of Entry of Judgment J. Post-Judgment Motions: Ex Parte Application for Stay of Execution 3. Stipulation for Judgment (Move Out. Stipulation for Judgment (Move Out. Entry of Judgment 2. Post-Judgment Motions: Order to Vacate Default Judgment and Recall Writ of Execution 9. Post-Judgment Motions: Application for Order Shortening Time 2. Post-Judgment Motions: Substitution of Attorneys 15. Rent Waiver Only) 9. Post-Judgment Motions: Motion to Quash Service of Summons and Vacate Default and Recall Writ of Possession 5. Pay Rent) 7. Motion to Set Aside Default Judgment: Proof of Service ix. Stipulation for Judgment (Move Out with Cash and Additional Payments for Early Move Out) 6. Post-Judgment Motions: Notice of Motion for Stay Pending Appeal and/or Temporary Stay 7. Motion to Vacate Default Judgment i. Stipulation for Judgment and Settlement (Pay and Stay. Rent Paid on Time) 11. Motion to Set Aside Default Judgment: Order Shortening Time vii. Post-Judgment Motions: Reply in Petition for Relief from Forfeiture 13. Rent Waiver Only) 13. Memorandum of Points and Authorities 6. Post-Judgment Motions: Stipulation and Order Vacating Default 14. Motion to Set Aside Default Judgment: Application For Order Shortening Time ii. Rent Paid on Time) 12. Post-Judgment Motions: Motion to Vacate Default Judgment. Post-Judgment Motions: Petition for Writ of Supersedeas 10. Motion to Set Aside Default Judgment: Notice of Motion vi. Motion to Set Aside Default Judgment: Order for Stay of Execution viii.3. Motion to Set Aside Default Judgment: Proposed Order . Stipulation for Judgment (Move Out. Post-Judgment Motions: Exhibits to Motion to Set Aside Default 4. Motion to Set Aside Default Judgment: Client Declaration iv. Judgment 1. Tenant and Landlord Both Agree to Specific Conduct) I. Post-Judgment Motions: Petition from Relief from Forfeiture 11. Post-Judgment Motions 1. Post-Judgment Motions: Order Shortening Time for Notice of Motion 8. Judgment by Court on Summary Judgment 3. Rent Waiver Only) 4. Anger Management) 10. Motion to Set Aside Default Judgment: Memorandum of Points and Authorities v. Motion to Set Aside Default Judgment: Application for Stay of Execution iii. Stipulation for Entry of Judgment (Move Out. Stipulation for Judgment and Judgment (Move Out. Rent Waiver Only) 8. Stipulation for Judgment (Pay and Stay. Stipulation for Judgment (Pay and Stay. Stipulation for Judgment (Pay and Stay. Post-Judgment Motions: Tenant's Declaration (Declaration of Defendant) a. Post-Judgment Motions: Post-Judgment Motions: Answer to Unlawful Detainer 12. Stipulation for Judgment (Move Out with Cash) 5.

Petition for Relief from Forfeiture: Client Declaration iv. Petition for Relief from Forfeiture: Proof of Service ix. VLSP Forms 1. Pro Per Forms: Order for Stay of Execution 8. Petition for Relief from Forfeiture: Application for Stay of Execution iii. Letter Seeking Discovery 2. Petition for Relief from Forfeiture: Order Shortening Time vi. Pro Per Forms: Proposed Order M. Petition for Relief from Forfeiture i. Pro Per Forms: Memorandum of Points and Authorities 5. Pleading – Settlement N. Case Closure Form/Sheet 2. Petition for Relief from Forfeiture: Application for Order Shortening Time ii. One Strike Cases 1. Pro Per Forms: Proof of Service 9. Petition for Relief from Forfeiture: Notice of Petition for Relief v. Petition for Relief from Forfeiture: Order for Stay vii. Pro Per Forms: Client Declaration 4. Pro Per Forms 1. Rent Deposit into VLSP Trust Account 3. Retainer Agreement. Petition for Relief from Forfeiture: Proposed Order K. Pro Per Forms: Application for Order Shortening Time 2. Retainer Agreement 4. Petition for Relief from Forfeiture: Points & Authorities viii. Pro Per Forms: Order Shortening Time 7. Spanish L. Pro Per Forms: Notice of Petition for Relief 6. Judicial Council Forms . Pro Per Forms: Application for Stay of Execution 3.b.

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