Free ud116.v4.031803.ofm - California


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UD-116
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):

FOR COURT USE ONLY

TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name):

FAX NO. (Optional):

To keep other people from seeing what you entered on your form, please press the Clear This Form button at the end of the form when finished.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:

PLAINTIFF (Name):
Short Title: Docket No.

DEFENDANT (Name):

DECLARATION FOR DEFAULT JUDGMENT BY COURT (Unlawful Detainer--Codename ofProc., § 585(d)) Appearance for (provide Civil party):
Status of Party:

NOTICE OF APPEARANCE

CASE NUMBER:

1.

My name is (specify): ( ) Appellant/Petitioner ( ) in this action. I am the plaintiff Appellee/Respondent a. ( ) Cross-Appellant/Cross-Petitioner b. I am ( )
Other (Specify):

( ( (

) Cross-Appellee/Cross Respondent ) Intervenor ) Amicus Curiae

(1) (2)

( An property an owner of) the attorney will argue this appeal. (3) an agent of the owner < Name of attorney who will argue appeal, if other than(specify): record: a manager of the property (4) other counsel of
<

(street address, apartment number, city, and county): this 2. The property concerning < action is located at Bar admissions: (month, day, year): Other Federal/State
( ) I am a pro se litigant who is not an attorney.

Date of arguing attorney's admission to this Court (month, day, year):

personally know the facts stated in 3. Personal knowledge. I ( ) I am an incarcerated pro se litigant. this declaration and, if sworn as a witness, could testify competently TIME REQUEST thereto. I am personally familiar with the rental or lease agreement, defendant's payment record, the condition of the property, and Oral argument is not desired. defendant's conduct. ( ) 4. Agreement was written oral request a total of as follows: minutes to be apportioned as follows: a. On or about (date): defendant (name each): (1) (2)
( ) Oral argument is desired. Party requests minutes or multi-co-parties

If more than 20 minutes per side is requested, set forth reasons:

agreed to rent the property for a month-to-month tenancy other tenancy (specify): AVAILABILITY OF COUNSEL/PRO SE LITIGANT other (specify frequency): monthly agreed to pay rent of $ payable other appeal must be with rent due on understand that the person who will argue theday (specify): ready at any time during or after the week of argument the first of the month I
which appears on the scheduling order.

b. c. 5.

Original agreement is attached (specify): to the

Copy of agreement with a declaration and order to admit the copy is attached (specify): to the Application for Immediate Writ of Possession. to this declaration, labeled Exhibit 4c.

( ) I know of no dates which would be inconvenient. Application for Immediate Writ of Possession. be calendared for the following dates, which are inconvenient. I have to this declaration, labeled Exhibit 4b. ( ) I request that the argument of this appeal not included religious holidays.

to the original complaint.

COUNSEL OR PRO SE LITIGANT MUST ADVISE THE COURT IN WRITING OF ANY CHANGE IN AVAILABILITY. FAILURE Agreement changed. TO DO SO MAY More than one change in BE CONSIDERED BY history of all rent DECIDING and effective dates up to the lastBASED ON rent amount (specify THE COURT IN changes MOTIONS FOR ADJOURNMENT rent a. UNAVAILABILITY. change) on Attachment 5a (form MC-025).

b.

RELATED CASES Change in rent amount (specify last rent change). The rent was changed from $ which becameThis case has not been before this Court previously. effective on (date): and was made ( )

to $

,

(1) (2) (3) c. d. e. f.

( (

)

This case has of the parties Court previously. payment of docket number and citation are: by agreement been before thisand subsequentThe short title,such rent. by service on defendant of a notice of change in terms pursuant to Civil Code section 827 (check ) item 5d).related to this appeal or involving the same issue have been or presently are before this Court. The short Matters titles, docket written agreement are: pursuant to anumbers and citations of the parties for change in terms (check item 5e or 5f).

Change in rent due date. Rent was changed, payable in advance, due on (specify day): Signature of counsel Signature of counsel who will A copy of the notice of change inof record or pro se litigant: declaration, labeled Exhibit 5d. argue terms is attached to this the appeal, if different: Original agreement for change in terms is attached (specify): to the original complaint. to the Application for Immediate Writ of Possession. to this declaration, labeled Exhibit 5e. Type or Print Name Copy of agreement for change in terms with a declaration and order to admitName Type or Print the copy is attached (specify): Name of Firm: to the Application for Immediate Writ of Possession. to this declaration, labeled Exhibit 5f.
Address:

.

Page 1 of 3 Form Approved for Optional Use Judicial Council of California UD­116 [Rev. July 1, 2003]

Telephone: DECLARATION

July 2000

Date: Telephone: FOR DEFAULT JUDGMENT BY COURT (Unlawful Detainer--Code Civ. Proc., § 585(d))

Code of Civil Procedure, § 585(d) Date:

www.courtinfo.ca.gov
American LegalNet, Inc. www.USCourtForms.com

PLAINTIFF (Name): DEFENDANT (Name):

CASE NUMBER:

6. Notice to quit. a. Defendant was served with a (1) 3-day notice to pay rent or quit (2) 3-day notice to perform covenants or quit (3) Other (specify): b. c.

d.

3-day notice to quit 30-day notice to quit 60-day notice to quit for the rental period The 3-day notice to pay rent or quit demanded rent due in the amount of (specify): $ beginning on (date) and ending on (date) . The total rent demanded in the 3-day notice under item 6b is different from the agreed rent in item 4a(2) (specify history of dates covered by the 3-day notice and any partial payments received to arrive at the balance) on Attachment 6c (form MC-025). The original or copy of the notice specified in item 6a is attached to (specify): the original complaint. this declaration, labeled Exhibit 6d. (The original or a copy of the notice MUST be attached to this declaration if not attached to the original complaint.)

(4) (5) (6)

7. Service of notice. a. The notice was served on defendant (name each): (1) (2) (3) b. personally on (date): by substituted service, including a copy mailed to the defendant, on (date): by posting and mailing on (date mailed): A prejudgment claim of right to possession was served on the occupants pursuant to Code of Civil Procedure section 415.46.

8. Proof of service of notice. The original or copy of the proof of service of the notice in item 6a is attached to (specify): a. the original complaint. b. this declaration, labeled Exhibit 8b. (The original or copy of the proof of service MUST be attached to this declaration if not attached to the original complaint.) 9. Notice expired. On (date): the notice in item 6 expired at the end of the day and defendant failed to comply with the requirements of the notice by that date. No money has been received and accepted after the notice expired. 10. The fair rental value of the property is $ a. (rent per month) x (0.03288) (12 months divided by 365 days) b. rent per month divided by 30 c. other valuation (specify): 11. Possession. The defendant vacated the premises on (date): a. b. continues to occupy the property on (date of this declaration): 12. Holdover damages. Declarant has calculated the holdover damages as follows: a. b. c. d. 13. 14. Damages demanded in the complaint began on (date): Damages accrued through (date specified in item 11): Number of days that damages accrued (count days using the dates in items 12a and 12b): Total holdover damages ((daily rental value in item 10) x (number of days in item 12c)): $ per day, calculated as follows:

Reasonable attorney fees are authorized in the lease or rental agreement pursuant to paragraph (specify): and reasonable attorney fees for plaintiff's attorney (name): are $ Court costs in this case, including the filing fee, are $

.

UD-116 [Rev. July 1, 2003]

DECLARATION FOR DEFAULT JUDGMENT BY COURT (Unlawful Detainer--Code Civ. Proc., § 585(d))

Page 2 of 3

PLAINTIFF (Name): DEFENDANT (Name):

CASE NUMBER:

15.

Declarant requests a judgment on behalf of plaintiff for: a. A money judgment as follows: (1) (2) (3) (4) (5) Past-due rent (item 6b) Holdover damages (item 12d) Attorney fees (item 13)* Costs (item 14) Other (specify): $ $ $ $ $ * Attorney fees are to be paid by (name) only.

(6) b. c.

TOTAL JUDGMENT

$

Possession of the premises in item 2 (check only if a clerk's judgment for possession was not entered). Cancellation of the rental agreement. Forfeiture of the lease.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:

}
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)

Summary of Exhibits
16. 17. 18. 19. 20. 21. Exhibit 4b: Original rental agreement. Exhibit 4c: Copy of rental agreement with declaration and order to admit the copy. Exhibit 5d: Copy of notice of change in terms. Exhibit 5e: Original agreement for change of terms. Exhibit 5f: Copy of agreement for change in terms with declaration and order to admit copy. Exhibit 6d: Original or copy of the notice to quit under item 6a (MUST be attached to this declaration if it is not attached to original complaint). Exhibit 8b: Original or copy of proof of service of notice in item 6a (MUST be attached to this declaration if it is not attached to original complaint). Other exhibits (specify number and describe):

22.

23.

UD-116 [Rev. July 1, 2003]

DECLARATION FOR DEFAULT JUDGMENT BY COURT (Unlawfulprotection and privacy, please press the For your Detainer--Code Civ. Proc., § 585(d))
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