000UD Complaint Sample
000UD Complaint Sample
SAMPLE
Use t he samples t o help
you complet e t he packet
of blank f or ms.
CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
YOUR NAME
YOUR ADDRESS
YOUR PHONE#
TELEPHONE NO.: FAX NO.:
I N PRO PER
ATTORNEY FOR (Name):
Medical malpractice (45) Eminent domain/Inverse Insurance coverage claims arising from the
above listed provisionally complex case
Other PI/PD/WD (23) condemnation (14)
types (41)
Non-PI/PD/WD (Other) Tort Wrongful eviction (33)
Business tort/unfair business practice (07) Other real property (26) Enforcement of Judgment
Date:Today' s Dat e
Print Your Name(TYPE OR PRINT NAME) Sign Your(SIGNATURE
Name OF PARTY OR ATTORNEY FOR PARTY)
NOTICE
Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result
in sanctions.
File this cover sheet in addition to any cover sheet required by local court rule.
If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all
other parties to the action or proceeding.
Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only.
Page 1 of 2
YOUR NAME
LEAVE BLANK
SUPERI OR COURT OF CALI FORNI A
CHECK WI TH STAFF
VERN
YOUR NAME
TENANT' S NAME(S) LEAVE BLANK
UD-100
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
YOUR NAME
YOUR ADDRESS
DOES 1 TO
CASE NUMBER:
X COMPLAINT
COMPLAINT - UNLAWFUL DETAINER*
Leave Blank
AMENDED COMPLAINT (Amendment Number) :
Jurisdiction (check all that apply) :
X ACTION IS A LIMITED CIVIL CASE
ARE YOU ASKI NG FOR
Amount demanded does not exceed $10,000
exceeds $10,000 but does not exceed $25,000 MORE OR LESS THAN $ 10, 000?
3. Defendant named above is in possession of the premises located at (street address, apt. no., city, zip code, and county) :
ADDRESS OF RENTAL PROPERTY
Check t he boxes
t o describe
t he rent al
(1) agreed to rent the premises as a month-to-month tenancy other tenancy (specify) :
(2) agreed to pay rent of $ payable monthly other (specify frequency) :
agreement
b. This (# 6a. and 6b. )
written
(3) agreed to pay rent on the
oral
first of the month
agreement was made with
other day (specify) :
*NOTE: Do not use this form for evictions after sale (Code Civ. Proc., § 1161a). Page 1 of 3
Form Approved for Optional Use COMPLAINT - UNLAWFUL DETAINER Civil Code, § 1940 et seq.
I f t here was a writ t en rent al agreement at t ach a copy of it t o t his complaint
Judicial Council of California
UD-100 [Rev. July 1, 2005]
Code of Civil Procedure §§ 425.12, 1166
www.courtinfo.ca.gov
PLAINTIFF (Name) : Your Name CASE NUMBER:
Leave Blank
DEFENDANT (Name) :Tenant ' s Name(s)
T enant (s) name(s) you gave not ice t o. Descr ibe how you gave not ice t o t he t enant (s). Check t he box t hat applies below
was served the following notice on the same date and in the same manner:
(1) 3-day notice to pay rent or quit (4) 3-day notice to perform covenants or quit
(2) 30-day notice to quit (5) 3-day notice to quit
(3) 60-day notice to quit (6) Other (specify) :
b. (1) On (date) : DATE NOTI CE ENDED the period stated in the notice expired at the end of the day.
(2) Defendants failed to comply with the requirements of the notice by that date.
c. All facts stated in the notice are true.
d. The notice M arincluded
k "e" if it applies
an election t o you.
of forfeiture.
x
e. A copy of the notice is attached and labeled Exhibit 2. (Required for residential property. See Code Civ. Proc.,
§ 1166.) At t ach a copy of t he not ice
f. 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 7a-e and 8 for each defendant.)
8. a. X The notice in item 7a was served on the defendant named in item 7a as follows:
(1) by personally handing a copy to defendant on (date) : DESCRI BE HOW THE NOTI CE
(2) by leaving a copy with (name or description) : WAS GIVEN TO THE TENANT. ,
a person of suitable age and discretion, on (date) : at defendant's
residence business AND mailing a copy to defendant at defendant's place of residence on
(date) : because defendant cannot be found at defendant's residence or usual
place of business.
(3) by posting a copy on the premises on (date) : AND giving a copy to a
person found residing at the premises AND mailing a copy to defendant at the premises on
(date) :
(a) because defendant's residence and usual place of business cannot be ascertained OR
(b) because no person of suitable age or discretion can be found there.
(4) (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) :
(5) (Not for residential tenancies; see Civil Code, § 1953 before using) in the manner specified in a written
commercial lease between the parties.
b. (Name)CHECK
: HERE AND FI LL OUT I F THI S APPLI ES TO YOU
was served on behalf of all defendants who signed a joint written rental agreement.
c. Information about service of notice on the defendants alleged in item 7f is stated in Attachment 8c.
X
d. Proof of service of the notice in item 7a is attached and labeled Exhibit 3.
SHC/FLF SAMPLE
PLAINTIFF (Name) : Your Name CASE NUMBER:
Leave Blank
DEFENDANT (Name) : Tenant ' s Name(s)
9. Plaintiff demands possession from each defendant because of expiration of a fixed-term lease.
10. At the time the 3-day notice to pay rent or quit was served, the amount of rent due was $
x
13. A written agreement between the parties provides for attorney fees.
14. 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) :
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.
SHC/FLF SAMPLE
POS-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) : FOR COURT USE ONLY
YOUR NAME
YOUR ADDRESS
4. Address where the party was served: SERVER FI LLS I N ADDRESS WHERE TENANT WAS
HANDED THE FORMS
5. I served the party (check proper box)
a. X by personal service. I personally delivered the documents listed in item 2 to the party or person authorized to
receive service of process for the party (1) on (date) : DATE SERVER SERVED (2) at (time) : TI ME SERVER SERVED
b. by substituted service. On (date) : at (time) : I left the documents listed in item 2 with or
in the presence of (name and title or relationship to person indicated in item 3) :
(1) (business) a person at least 18 years of age apparently in charge at the office or usual place of business
of the person to be served. I informed him or her of the general nature of the papers.
(2) (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual
place of abode of the party. I informed him or her of the general nature of the papers.
(3) (physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing
address of the person to be served, other than a United States Postal Service post office box. I informed
him or her of the general nature of the papers.
(4) I thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served
at the place where the copies were left (Code Civ. Proc., § 415.20). I mailed the documents on
(date) : from (city): or a declaration of mailing is attached.
(5) I attach a declaration of diligence stating actions taken first to attempt personal service.
Page 1 of 2
Form Adopted for Mandatory Use
Judicial Council of California
PROOF OF SERVICE OF SUMMONS Code of Civil Procedure, § 417.10
POS-010 [Rev. January 1, 2007]
SHC/FLF SAMPLE
PLAINTIFF/PETITIONER: Your Name CASE NUMBER:
Leave Blank
DEFENDANT/RESPONDENT: Tenant ' s Name(s)
5. c. by mail and acknowledgment of receipt of service. I mailed the documents listed in item 2 to the party, to the
address shown in item 4, by first-class mail, postage prepaid,
(1) on (date) : (2) from (city) :
(3) with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed
to me. (Attach completed Notice and Acknowledgment of Receipt.) (Code Civ. Proc., § 415.30.)
(4) to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40.)
d. by other means (specify means of service and authorizing code section) :
8. X I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
or
9. I am a California sheriff or marshal and I certify that the foregoing is true and correct.
PRI NT NAME OF PERSON WHO SERVED ' SI GNATURE OF PERSON WHO SERVED
(NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) (SIGNATURE)