Fill and Sign the Complaint for Unlawful Detainer Form

-1- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 (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 )CASE NO.: _______Plaintiffs ) ) v) ) DEFENDANT(S) NAMES ) Defendants) ) ---------------------------------------------------------------- COMPLAINT FOR UNLAWFUL DETAINER Plaintiff complains and for causes of action alleges as follows: I. 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.] II. 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]. III. -2- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 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.] IV. 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. V. 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 ________________. VI. __________ [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.] -3- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 VII. 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.] VIII. __________ [If applicable, add: Defendants not named in paragraph __ are __________ (specify, such as: subtenants or assignees, or as the case may be)]. IX. 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. X. __________ [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]. XI. Plaintiff has performed all conditions of the __________ [lease or rental agreement]. XII. On __________ [date], the following notice was served on __________ [defendant or defendants] __________ [name or names]: __________ [specify type of notice, such as: 3-day -4- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 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)]. XIII. 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. XIV. 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. XV. 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). XVI. 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. XVII. -5- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 __________ [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.] XVIII. __________ [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:Immediate possession of the premises;__________ [If action based on nonpayment of rent: Past due rent in the sum of $__];_________ [If applicable: Forfeiture of the agreement];Damages at the rate of $__ per day;__________ [If applicable: Statutory damages of $600 pursuant to Code of Civil Procedure section 1174(b)];__________ [If applicable: Reasonable attorney fees];Costs incurred in this proceeding; andAny further relief the court considers just and proper. DATE: ____________________ ____________________ (Signature) -6- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 VERIFICATIONI, ___, 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 , California. DATE: ____________________ ____________________ (Signature)