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

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

24. Special Interrogatories (Nuisance, OMI) 25. Special Interrogatories (OMI) 26. Special Interrogatories (OMI) 27. Stipulation for Order to Set Pleading and Discovery Dates 28. Usual Stipulations for Depositions E. Summary Judgment Motions 1. Motion for Summary Judgment (Defective Form of Nuisance Notice) 2. Motion for Summary Judgment (OMI Failure to Pay $500 with Notice) 3. Motion for Summary Judgment (OMI Moratorium) 4. Motion for Summary Judgment (OMI, Merger of Two Units) 5. Motion for Summary Judgment (Defective Form of OMI Notice) 6. Motion for Summary Judgment (No Notice Served) 7. Motion for Summary Judgment (Notice Does Not State Precise Sum Due) F. Jury Trial 1. Defendant's Proposed Voir Dire 2. Disclosure and Declaration Re: Expert Witness 3. Jury Instructions (BAJI) 4. Jury Instructions (BAJI, numbers only) 5. Jury Instructions (BAJI, with text typed out) 6. Motion in Limine to Allow Documents In 7. Motion in Limine to Exclude Evidence 8. Notice to Attend Trial and Produce Evidence at Trial 9. Sample Jury Box 10. Special Jury Instructions (Section 8 / Disability Cases) 11. Special Jury Instructions (Habitability) 12. Special Jury Instructions (Habitability, Retaliation, Disability) 13. Special Jury Instructions (Nonpayment and Habitability) 14. Special Jury Instructions (Nonpayment, Breach of Warranty of Habitability, Failure to Deliver Unit in Habitable Condition) 15. Special Jury Instructions (Nuisance, Material Noncompliance with Lease Reasonable Accommodation) 16. Special Jury Instructions (OMI) 17. Special Jury Instructions (Rent Ordinance Application General Principles) 18. Special Jury Instructions (Warranty of Habitability) 19. Special Verdict Form 20. Voir Dire Questions 21. Voir Dire Questions (Nuisance) 22. Voir Dire Questions (OMI) G. Trial Briefs 1. Trial Brief (Defendant's Settlement Offers and Plaintiff's Responses Admissible to Show Bad Faith) 2. Trial Brief (Habitual Late Payment) 3. Trial Brief (LL Conduct Since Complaint Filed Shows Bad Faith) 4. Trial Brief (Lack of Good Faith) H. Settlement 1. Pleading - Settlement 2. Settlement Agreement (Move Out with Cash)

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

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