Fill and Sign the I8ifn3 Supreme Court of Ohio 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 RETROACTIVE RENT ABATEMENT Plaintiff complains and for causes of action alleges as follows: FIRST CAUSE OF ACTION (For Retroactive Rent Abatement Against ________) I. Defendant ____, _____ is ____, and at all times herein mentioned was ____, a resident____ of the City of _____, County of ____, State of California. II. Defendant ____, _____, is ____, and at all times herein mentioned, was____ a Corporation organized and existing under the laws of the State of California with principle offices located at _____, in the City of _____, County of _____. III. -2- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 Plaintiff____ is____ ignorant of the true names and capacities of Defendants sued herein as DOES I through X, inclusive, and therefore sues____ these Defendants by such fictitious names. Plaintiff____ will amend this complaint to allege their true names and capacities when ascertained. IV. Plaintiff____ is____ informed and believes____ and thereon alleges____ that, at all times herein mentioned, each of the Defendants sued herein was the agent and employee of each of the remaining Defendants and was at all times acting within the purpose and scope of such agency and employment. V. On or about ________, 20_____ Defendant _____, hereinafter called "Landlord" leased to Plaintiff_____ by _____ lease agreement, apartment number _____ located at _____, California on a ________ [---term of lease---] for rent of $________ per month. such lease was for residential use. In so leasing the premises to Plaintiff _____, Landlord impliedly warranted that the premises were habitable and fit for residential use. [---A copy of the written lease is attached hereto as Exhibit ________ and made a part hereof.-----] VI. Plaintiff_____ took possession of the premises on or about _____, 20_____ and faithfully and promptly paid their rent and performed all other obligations imposed on them by the aforementioned lease agreement [----except ________[---specify any nonpayment of rent---which was excused by Landlord's breach of the warranty of habitability hereinafter alleged----]. VII. At the time the lease agreement was entered into, and throughout the time Plaintiffs occupied the apartment, Landlord knowingly caused and permitted the following hazardous and unhealthy conditions, among others, to exist within and about such apartment: ____________ VIII. -3- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 Landlord, at all times herein mentioned, knew that the aforementioned conditions existed in violation of numerous provisions of state and local housing codes including but not limited to the provisions of _________ [---specify code sections violated---]. IX. Despite such knowledge and despite Plaintiffs'________ repeated requests that such conditions be remedied and repaired, Landlord failed and refused to do so, all in violation of Sections 2041 and 2041.1 of the Civil Code. X. Because of the aforementioned conditions, the premises leased by Plaintiff_____ were unsafe, unhealthy, and substantially uninhabitable. In causing and permitting and in failing and refusing to repair the aforementioned conditions, Landlord breached the warranty of habitability. By virtue of such breach of warranty and as a result of the uninhabitable condition of the premises, the fair rental value of the premises at all times herein mentioned was $________ per month. XI. [----On and after _____, 20_____, Plaintiff_____ refused to pay any further rent until the aforementioned conditions were remedied and repaired.-----] Because of the continued existence of such conditions, Plaintiffs_____ were_____ unable to remain in the premises and were forced to vacate and did vacate the premises on or about ________, 20_____, restoring possession thereof to Landlord. XII. During such occupancy Plaintiff_____ paid a total rent in the sum of $________ whereas the total fair rental value of the premises during such period was no more than $________, and therefore, Plaintiffs________ have_____ been damaged in the sum of $_________.WHEREFORE, Plaintiff____ pray____ judgment against Defendant____ and each of them, as follows: -4- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 For damages in the sum of $_________.For costs of suit herein incurred.For such other and further relief as the court may deem just. DATE: ____________________ ____________________ (Signature) 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)