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Lesson 1:
Preliminary Issues

 

 


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§1.06 Complaint

There is an optional Judicial Council form [see form UD-100] for UD complaints. [CCP §425.12.] Whether the complaint is on the Judicial Council form or originally drafted, it must include these elements:

  • The facts on which the plaintiff seeks to recover the property, along with a reasonably certain description of the property. [CCP §1166(a)(2), (3); Delta Imports v Municipal Court (1983) 146 CA3d 1033, 1036.]
  • The amount of damages claimed and, if the action is based on the tenant’s default in payment of rent, the total rent due. [CCP §1166(a)(4), (b).]
  • The method used to serve the tenant with the notice of termination on which the complaint is based. [CCP §1166(a)(5).]
  • A verification by the plaintiff (or the plaintiff’s attorney if the plaintiff lives out of county). [CCP §§446, 1166(a)(1).]
  • If the action concerns residential property, attached copies of the notice of termination and of the lease or rental agreement (and any addenda or attachments to the agreement that form the basis of the complaint) unless the action is based on the tenant’s default in payment of rent. [CCP §1166(c)(1).] If plaintiff fails to attach the required documents, you must grant 5 days’ leave to amend the complaint by attaching the documents. [CCP §1166(c)(2).]
  • In the complaint’s caption, a statement whether the case is a limited civil action. [CCP §422.30(b); CRC 2.111(10).]
 

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