Free UD-100 COMPLAINT--UNLAWFUL DETAINER - California

COURT COUNTY . . . . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

Index No.
FOR COURT USE ONLY

UD-100

: : : : :

Calendar No.

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

JUDICIAL SUBPOENA

-against-

FAX NO. (Optional):

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

PLAINTIFF: DEFENDANT:

BRANCH NAME: Defendant(s) : ......................................................

DOES 1 TO THE PEOPLE OF THE STATE OF NEW YORK

TO
COMPLAINT

COMPLAINT -- UNLAWFUL DETAINER*
AMENDED COMPLAINT (Amendment Number):

CASE NUMBER:

Jurisdiction (check all that apply): ACTION IS A LIMITED CIVIL CASE
Amount demanded GREETINGS: does not exceed $10,000 exceeds $10,000 but does not exceed $25,000

1. PLAINTIFF (name each):

WE COMMAND CIVIL that all business and excuses being laid aside, you and each of you attend before ACTION IS AN UNLIMITEDYOU, CASE (amount demanded exceeds $25,000) , theACTION IS RECLASSIFIED by this amended complaint or cross-complaint (check all that apply): Honorable at the Court located at civil (possession not in issue) County of from unlawful detainer to general unlimited from limited to unlimited in room from unlawful detainer to general limited civil (possession not in issue) o'clock in the from noon, and at any recessed , on the day of , 20 , at unlimited to limited or adjourned date, to testify and give evidence as a witness in this action on the part of the

alleges causes of action against DEFENDANT (name each):

Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a an individual a partnership. Plaintiff your 2. a. result of is (1)failure to comply. over the age of 18 years. (4)
(2) (3) a public agency. other (specify): (5) a corporation. b. Plaintiff has complied with the fictitious business name laws and is doing business under the fictitious name of (specify):

Court in

Witness, Honorable County,

, one of the Justices of the

day of

, 20

3. Defendant named above is in possession of the premises located at (street address, apt. no., city, zip code, and county):
(Attorney must sign above and type name below)

4. Plaintiff's interest in the premises is as owner other (specify): 5. The true names and capacities of defendants sued as Does are unknown to plaintiff. Attorney(s) 6. a. On or about (date): defendant (name each):

for

month-to-month tenancy other tenancy (specify): (1) agreed to rent the premises as a (2) agreed to pay rent of $ payable monthly Office otherP.O. Address and (specify frequency): first of the month other day (specify): (3) agreed to pay rent on the b. This written oral agreement was made with (3) plaintiff's predecessor in interest. plaintiff. (1) Telephone No.: (4) plaintiff's agent. other (specify): (2) * NOTE: Do not use this form for evictions after sale (Code Civ. Proc., § 1161a).
Form Approved for Optional Use Judicial Council of California UD­100 [Rev. July 1, 2005]

Facsimile No.: E-Mail Address: COMPLAINT--UNLAWFUL Mobile Tel. No.: DETAINER

Page 1 of 3 Civil Code, § 1940 et seq. Code of Civil Procedure §§ 425.12, 1166 www.courtinfo.ca.gov

American LegalNet, Inc. www.USCourtForms.com

PLAINTIFF (Name): DEFENDANT(Name):

CASE NUMBER:

6. c.

The defendants not named in item 6a are (1) (2) (3) subtenants. assignees. other (specify):

d.

The agreement was later changed as follows (specify):

e. f.

A copy of the written agreement, including any addenda or attachments that form the basis of this complaint, is attached and labeled Exhibit 1. (Required for residential property, unless item 6f is checked. See Code Civ. Proc., § 1166.) (For residential property) A copy of the written agreement is not attached because (specify reason): (1) (2) the written agreement is not in the possession of the landlord or the landlord's employees or agents. this action is solely for nonpayment of rent (Code Civ. Proc., § 1161(2)).

7.

a. Defendant (name each):

was served the following notice on the same date and in the same manner: (1) (2) (3) b. c. d. e. f. 3-day notice to pay rent or quit 30-day notice to quit 60-day notice to quit (4) (5) (6) 3-day notice to perform covenants or quit 3-day notice to quit Other (specify):

the period stated in the notice expired at the end of the day. (1) On (date): (2) Defendants failed to comply with the requirements of the notice by that date. All facts stated in the notice are true. The notice included an election of forfeiture. A copy of the notice is attached and labeled Exhibit 2. (Required for residential property. See Code Civ. Proc., § 1166.) One or more defendants were served (1) with a different notice, (2) on a different date, or (3) in a different manner, as stated in Attachment 8c. (Check item 8c and attach a statement providing the information required by items 7a­e and 8 for each defendant.) The notice in item 7a was served on the defendant named in item 7a as follows: (1) (2) by personally handing a copy to defendant on (date): , by leaving a copy with (name or description): at defendant's a person of suitable age and discretion, on (date): residence business AND mailing a copy to defendant at defendant's place of residence on because defendant cannot be found at defendant's residence or usual (date): place of business. AND giving a copy to a by posting a copy on the premises on (date): person found residing at the premises AND mailing a copy to defendant at the premises on (date): (a) (b) (4) (5) because defendant's residence and usual place of business cannot be ascertained OR because no person of suitable age or discretion can be found there.

8. a.

(3)

(Not for 3-day notice; see Civil Code, § 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date): (Not for residential tenancies; see Civil Code, § 1953 before using) in the manner specified in a written commercial lease between the parties.

b. c. d.

(Name): was served on behalf of all defendants who signed a joint written rental agreement. Information about service of notice on the defendants alleged in item 7f is stated in Attachment 8c. Proof of service of the notice in item 7a is attached and labeled Exhibit 3.
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UD-100 [Rev. July 1, 2005]

COMPLAINT--UNLAWFUL DETAINER

PLAINTIFF (Name): DEFENDANT(Name):

CASE NUMBER:

9. 10. 11. 12. 13. 14.

Plaintiff demands possession from each defendant because of expiration of a fixed-term lease. At the time the 3-day notice to pay rent or quit was served, the amount of rent due was $ per day. The fair rental value of the premises is $ Defendant's continued possession is malicious, and plaintiff is entitled to statutory damages under Code of Civil Procedure section 1174(b). (State specific facts supporting a claim up to $600 in Attachment 12.) A written agreement between the parties provides for attorney fees. Defendant's tenancy is subject to the local rent control or eviction control ordinance of (city or county, title of ordinance, and date of passage):

Plaintiff has met all applicable requirements of the ordinances. 15. Other allegations are stated in Attachment 15.

16. Plaintiff accepts the jurisdictional limit, if any, of the court. 17. PLAINTIFF REQUESTS a. possession of the premises. b. costs incurred in this proceeding: c. past-due rent of $ d. reasonable attorney fees. e. forfeiture of the agreement. f. damages at the rate stated in item 11 from for each day that (date): defendants remain in possession through entry of judgment. statutory damages up to $600 for the conduct alleged in item 12. other (specify):

g. h.

18.

Number of pages attached (specify):

UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400­6415)
did not did for compensation give advice or assistance 19. (Complete in all cases.) An unlawful detainer assistant with this form. (If plaintiff has received any help or advice for pay from an unlawful detainer assistant, state:) a. Assistant's name: b. Street address, city, and zip code: c. d. e. f. Date: Telephone No.: County of registration: Registration No.: Expires on (date):

(TYPE OR PRINT NAME)

(SIGNATURE OF PLAINTIFF OR ATTORNEY)

VERIFICATION
(Use a different verification form if the verification is by an attorney or for a corporation or partnership.) I am the plaintiff in this proceeding and have read this complaint. 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 PLAINTIFF )

UD-100 [Rev. July 1, 2005]

COMPLAINT--UNLAWFUL DETAINER

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