Kinsey Law Offices 
Complaint For Unlawful Detainer (Eviction)
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    (Name, Address Of Party or attorney)
    ____________
    ____________
    ____________
    State Bar No: ______
    (____) _____ - ________
    Attorney for _______ (Or "In Pro Per")

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF ________

 

[PLAINTIFF(S) NAMES]
Plaintiffs,

 

v.
 
[DEFENDANT(S) NAMES]
Defendants
 
 
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CASE NO: _______
 
COMPLAINT FOR UNLAWFUL DETAINER

Plaintiff complains and for causes of action alleges as follows:

1. Plaintiff, __________ [name], is an individual and is
now and at all times mentioned in this complaint was, a
resident of __________ County, California. __________ [If
plaintiff is other than natural person, set forth capacity,
such as: Plaintiff is now, at all times mentioned in this
complaint was, a partnership doing business under the
fictitious name __________, with its principal place of
business in __________ County, California.]

2. Plaintiff is now and at all times mentioned in this
complaint was, the __________ [specify, such as: owner] of
__________ [specify type of premises or property] located at
__________ [set forth full address and location] and further
described as __________ [set forth legal description].

3. Defendants, __________ [names], are now, and at all
times mentioned in this complaint were, individuals residing
in __________ County, California. __________ [If tenant is
other than natural person, set forth capacity and principal
place of business, such as: Defendant is now, and at all
times mentioned in this complaint was, a corporation organized
and existing under the laws of the State of California, with
its principal place of business in __________ County,
California.]

4. Plaintiff does not know the true names of defendants
DOES 1 through 25, and therefore sues them by those fictitious
names. Plaintiff is informed and believes, and on the basis
of that information and belief alleges, that each of those
defendants was in some manner legally responsible for the
events and happenings alleged in this complaint and for
plaintiff's damages. The names, capacities and relationships
of DOES 1 through 25 will be alleged by amendment to this
complaint when they are known.

5. Plaintiff is informed and believes, and on that basis
alleges, that at all times mentioned in this complaint,
defendants were the agents and employees of their
codefendants, and in doing the things alleged in this
complaint were acting within the course and scope of that
agency and employment. Plaintiff is further informed and
believes, and on that basis alleges, that each of the
defendants claims some type of possessory interest in the
premises described in paragraph __.

6. __________ [Set forth nature of the lease or rental
agreement, such as: On or about __________ (date), plaintiff
and defendants entered into a written lease for the premises
described in paragraph __, under the terms of which plaintiff
leased the premises to defendant for the term of __________
(specify, such as: 1 year) at the agreed monthly rent of $__
payable in advance on the first day of each month commencing
on __________ (date) and terminating on __________ (date).
__________ (If applicable, add: The __________ (lease or
rental agreement) was later changed as follows: __________
(specify)). A copy of the __________ (lease or rental
agreement) is attached to this complaint as Exhibit __ and is
incorporated by reference.]

7. The __________ [lease or rental agreement] specified
in paragraph __ was made with __________ [specify, such as:
plaintiff or plaintiff's agent or plaintiff's predecessor in
interest or as the case may be.]

8. __________ [If applicable, add: Defendants not named
in paragraph __ are __________ (specify, such as: subtenants
or assignees, or as the case may be)].

9. Defendants entered into possession of the premises on
__________ [date], and paid the monthly rent pursuant to the
lease terms from __________ [date] to __________ [date].
Defendants continue to occupy the premises.

10. __________ [Set forth basis of unlawful detainer and
grounds for recovery, such as: Defendants have not paid rent
installments as required by the terms and conditions of the
__________ (lease or rental agreement) since __________ (date)
and continuing to the present]. The sum of $__, which
represents the unpaid rent, is now due and payable to
plaintiff. __________ [Set forth details of any other ground
supporting termination of tenancy and basis for action].

11. Plaintiff has performed all conditions of the
__________ [lease or rental agreement].

12. On __________ [date], the following notice was
served on __________ [defendant or defendants] __________
[name or names]: __________ [specify type of notice, such as:
3-day notice to pay rent or quit or 3-day notice to perform
covenant or quit or as the case may be]. The notice was
served by __________ [specify type of service, such as: by
personally handing a copy to defendant __________ (name) on
__________ (date)].

13. The notice specified in paragraph __ included an
election of forfeiture. All facts stated in the notice are
true. A copy of this notice is attached to this complaint as
Exhibit __ and is incorporated by reference.

14. The period in the notice specified in paragraph __
expired on __________ [date], but defendants have neither
__________ [paid the rent due and owing or performed the
covenant as required under the terms of the agreement or as
the case may be] and have not vacated the premises. Plaintiff
is entitled to immediate possession.

15. Defendants continue in possession of the premises
without plaintiff's permission and despite the notice served
on defendants as specified in paragraph __. __________ [If
seeking statutory damages, specify facts justifying claim of
malice, such as: Defendants have willfully, deliberately,
intentionally, and obstinately withheld possession of the
premises knowing the lease has terminated, and against
plaintiff's will. Further, defendants have __________ (set
forth any specific acts such as changing locks, use of force,
violence, or as the case may be)]. Plaintiff is entitled to
statutory damages pursuant to Code of Civil Procedure section
1174(b).

16. Plaintiff is informed and believes and, on the basis
of that information and belief alleges, that the fair rental
value of the premises is $__ per day. Damages to plaintiff
caused by defendants' unlawful detention of the premises have
accrued at this rate since __________ [date] and will continue
to accrue until defendants' have vacated the premises.

17. __________ [If applicable: Defendants' tenancy is
subject to the local rent control or eviction control
ordinance of __________ (specify city or county, title of
ordinance, and date of passage). Plaintiff has met all
applicable requirements of the ordinance.]

18. __________ [If applicable: The written __________
(lease or rental agreement) provides that if any party to the
agreement is compelled to bring an action at law to enforce
the agreement or recover possession of the premises, the
prevailing party will recover reasonable attorney fees].

WHEREFORE, plaintiff requests judgment against defendant,
and each of them, of:

1. Immediate possession of the premises;

2. __________ [If action based on nonpayment of rent:
Past due rent in the sum of $__];

3. __________ [If applicable: Forfeiture of the
agreement];

4. Damages at the rate of $__ per day;

5. __________ [If applicable: Statutory damages of $600
pursuant to Code of Civil Procedure section 1174(b)];

6. __________ [If applicable: Reasonable attorney
fees];

7. Costs incurred in this proceeding; and

8. Any further relief the court considers just and
proper.

 DATED: _______________  __________________________________________
   (Signature)

 

VERIFICATION

I, ___, am a ___in the above-entitled action. I have read the foregoing ___and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe it to be true.

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at Long Beach, California.

 

 

DATED: _________________ ___________________________________

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