OmniForm Form - DOC 12 by pengtt


									     ATTORNEY OR PARTY WITHOUT ATTORNEY {Name and Address):              other (specify frequency): NO.:
                                                                                           TELEPHONE                         FOR COURT USE ONLY

                                                                 Cal Bar No                                             THIS IS A
    ATTORNEY FOR (Name):
                                                                                                                       SAMPLE ONLY
            NAME OF COURT

           STREET ADDRESS:
                                                                                                                       IT IS OUTDATED


                BRANCH NAME:


                 DOES 1 TO

                                                                                                              CASE NUMBER:
                                      COMPLAINT—Unlawful Detainer*
     1. a. Plaintiff is          (1)       an individual over the age of 18 years           (4)            a partnership
                                 (2)                                                        (5}
                                           a public agency                                                 a corporation
           b.                       other (specify):
                Plaintiff has complied with the fictitious business name laws and is doing business under the fictitious name of
     2. Defendants named above are in possession of the premises located at (street address, apt No., city, and county):

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

              (1) agreed to rent the premises for a             month-to-month tenancy             other tenancy (specify):
              (2) agreed to pay rent of $                         payable         monthly
                   The rent is due on the          first of the month          other day (specify):
           b. This       written          oral agreement was made with
              (1)       plaintiff                                         (3)
              (2)                                                         (4)
                        plaintiff's agent                                            plaintiff's predecessor in interest
           c.       The defendants not named in item 5a are
                    (1)                                                       other (specify):
                               subtenants      (2)         assignees      (3)        other (specify):
           d.       The agreement was later changed as follows (specify)

           e           A copy of the written agreement is attached and labeled Exhibit 1.
     6.             a. Defendants (names):
                       were served the following notice on the same date and in the same manner:
                       (1)         3-day notice to pay rent or quit                (4)
                       (2)         3-day notice to perform covenants or quit (5)              3-day notice to quit
                       (3) other (specify):
                                                                                        30-day notice to quit
                    b. (1) On (date):                                   , 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 included an election of forfeiture.
                              A copy of the notice is attached and labeled Exhibit 2.
                    f.        One or more defendants was served (1) with a different notice, or (2) on a different date, or (3) in a different manner,
                              as stated in attachment Of. (Check item 7c and attach a statement providing the information required by items 6a-e
                              and 7 for each defendant)
    *NOTE: Do not use this form for evictions after sale (Code Civ. Proc., § 1161a).
                                                           (Continued on reverse)

        Form Approved by the                                  COMPLAINT—Unlawful Detainer                                             Civil Code, Section 1940 et seq.
     Judicial Council of California                                                                                             Code of Civil Procedure, Section 425.12
     982.1(90) [Rev. July 1, 1996]
       PLAINTIFF (Name):                                                                                          CASE NUMBER:


  7. a.          The notice in item 6a was served on the defendants named in item 6a as follows:
                 (1)       by personally handing a copy to defendant on (date):                                THIS IS A
                 (2)       by leaving a copy with (name or description):                                      SAMPLE ONLY           , a person
                           of suitable age and discretion, on (date):                      at defendant's
                           AND mailing a copy to defendant at defendant's place of residence on (date):
                                                                                                              AND WILL NOT
                                                                                                                   residence           business

                           because defendant cannot be found at defendant's residence or usual place ofPRINT (SO DON'T
                 (3)       by posting a copy on the premises on (date):                         (             BE
                                                                                                        and giving a copy to a person found
                            residing at the premises) AND mailing a copy to defendant at the premises on (date):
                                        because defendant's residence and usual place of business cannot be ascertained OR
                 (4)             for 3-day notice; see Civil Code section 1946 before using) by sending
                           (not because no person of suitable age or discretion can be found there. a copy by certified or registered
                           mail addressed to defendant on (date):
                 (5)       (not for residential tenancies; see Civil Code section 1953 before using) in the manner specified in a written
                           commercial lease between the parties.
       b.        (Name):                           was served on behalf of all defendants who signed a joint written rental agreement.
                Information about service of notice on the defendants named in item Of is stated in attachment 7c.
  8.         Plaintiff demands possession from each defendant because of expiration of a fixed-term lease.
  9.         At the time the 3-day notice to pay rent or quit was served, the amount of rent due was $
10           The fair rental value of the premises is                         per day.
11.           Defendants' continued possession is malicious, and plaintiff is entitled to statutory damages under Code of Civil
12           section 1174(b). (State specific the parties provides for attorney fees.
             A written agreement between facts supporting a claim up to $600 in attachment 11.)
              Defendants' 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.
14. Other allegations are stated in attachment 14.
15. Plaintiff remits to the jurisdictional limit, if any, of the court.
     a. possession of the premises.                                   f.        damages at the rate stated in item 10 from
     b. costs incurred in this proceeding.                                      (date):                                    for each day
     d.                                                              9.
     .         past due rent of $                                     h.        defendants remain in possession through entry of judgment.
        reasonable attorney fees.
                                                                         statutory damages up to $600 for the conduct alleged in
        forfeiture of the agreement.
                                                                         item 11.
17.         Number of pages attached (specify):                          other (specify):
                        UNLAWFUL DETAINER ASSISTANT (Business and Professions Code sections 6400-6415)
18. (must be answered in all cases) An unlawful detainer assistant                   did not         did for compensation give advice or as-
     assistance with this form. (If plaintiff has received any help or advice for pay from an unlawful detainer assistant, stated:
     a. Assistant's name:                                                                 b. Telephone No.:
     c. Street address, city, and ZIP:

       d. County of registration:                                        e. Registration No.:                             f. Expires on (date):

                            (TYPE O R PRINT NAME)                                                         (SIGNATURE O F PLAINTIFF O R ATTORNEY)

              (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.

                            (TYPE O R PRINT NAME)                                                                 (SIGNATURE O F PLAINTIFF)

982.1(90) [Rev. July 1, 1996]                                COMPLAINT—Unlawful Detainer                                                                      Page two
                                                                         SUMMONS                             UNLAWFUL DETAINER - EVICTION
                                                                                                               (PROCESO DE DESAHUCIO - EVICCION)
                                                                 (CITACION) JUDICIAL
                                                                                                                             FOR COURT USE ONLY
     NOTICE TO DEFENDANT: (Avíso a acusado)                                                                              (SOLO PARA USO DE LA CORTE)

                  and DOES 1 through ______ inclusive
    YOU ARE BEING SUED BY PLAINTIFF:                                                                                                 THIS IS A
    (A Ud. Ie está demandando)
                                                                                                                                     SAMPLE ONLY
                                                                                                                                     AND WILL NOT
                                                                                                                                     PRINT (SO DON'T
            You have 5 DAYS after this summons is served on                          Después de que te entreguen esta citación judicial usted tiene un
            you to file a typewritten response at this court.                                                                        DISAPPOINTED.)
                                                                                     plazo de 5 DIAZ para presentar una respuesta escrita a máquina
            (To                                                                      en esta corte. (Para calcular los cinco dias, cuente el sabado y
            calculate the five days, court Saturday and Sunday,                      eldomingo, pero no cuente ningún otro dia feriado observado por
            but do not count other court holidays.)                                  la corte).
            A letter or phone call will not protect you. Your
            typewritten response must be in proper legal                               Una carta o una llamada telefónica no le olrecerá protección; su
            form if you want the court to hear your case.                            respuesta escritaa máquina tiene que cumplir con las
                                                                                     formalidades legales apropiadas si usted quiere que la corte
            If you do not file your response on time, you                            escache su caso.
            may lose the case, you may be evicted, and                               Si usted no presenta su respuesta a tiempo, puede perder e/caso,
            your wages, money and property may be take                               le pueden obligar a desalojoar su casa, y le pueden quitar su
            without further warning from the court.                                  salario, su dineroyotras cosas de su propiedad sin aviso adicional
                                                                                     por parte de la corte.
            There are other legal requirements. You may                              Existen otros requisitos legales. Puede que usted quiera llamar a
            want to call an attorney right away. If you do not
            know an attorney, you may call an attorney                               un abogado inmediatamente. Si no conoce a unabogado, puede
            referral service or a legal aid office (listed in                        llamar a un servicio de referencia de abogados o a una of cina de
            the phone book).                                                         ayuda legal(vea el directorio telefónico).

      The name and address of the court is: (EI nombre y dirección de la corte es)
                                     SUPERIOR AND MUNICIPAL COURTS

                                                                                                                  CASE NUMBER (N0MERO DEL CASO)
    The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney is:
    (El nombre, la direccióny el número de teléfono del abogado del demandante, o del demandante que no tiene abogado, es)

       (Must be answered in all cases) An unlawful detainer assistant (B&P 64000-6415                  did not              did for compensation give
      advice or assistance with this form. (If plaintiff has received any help or advice for pay from an unlawful detainer assistant, state):
      a. Assistant's name:                                                                 b. Telephone No.:
      c. Street Address, City and ZIP:
      d. County of registration:                                  e. Registration No.:                        f. Expires on (date):

        DATE:                                                                                 Clerk, by                                                 Deputy
        (Fecha)                                                                              (Actuario)                                             (Delegado)
                                                NOTICE T O THE PERSON SERVED: You are served
   (Seal)                                            as an individual defendant.
                                          2.         as the person sued under the fictitious name of (specify):

                                          3.             on behalf of (specify) :

                                                under:                 CCP 416.10 (corporation)                                 CCP 416.60 (minor)
                                                                       CCP 416.20 (defunct corporation)                         CCP 416.70 (conservatee)
                                                                       CCP 416.40 (association or partnership)                  CCP 416.90 (individual)
                                           4.              by personal delivery on (date):
                                                                        (See reverse for Proof of Service)
   Form Adopted by Rule 982
  Judicial Council of California                             SUMMONS - UNLAWFUL DETAINER                                                 Code Civ Proc., §§412.20,1167
982(a)(1 1) [Rev January 1,1997]
                                   Cl-1 01 UD                                                                                             http://www.wimer.not/evict
                                                                                                                          CASE NUMBER:

                                                                        PROOF OF SERVICE
1. At the time of service I was at least 18 years of age and not a party to this action, and I served copies of the (specify documents):

                                                                                                                            THIS IS A
2. a. Party served (specify name of party as shown on the documents served):
                                                                                                                            SAMPLE ONLY
                                                                                                                            AND WILL NOT
b. Person served:                 party in item 2a                                                                          PRINT (SO DON'T
                                                                  other (specify name and We or relationship to the party named in item 2a):

     c. Address:

3. I served the party named in item 2
    a.         by personally delivering the copies (1 ) on (date):                                       (2) at (time):
    b.         by leaving the copies with or in the presence of (name and tile or relationship to person indicated in item 2b):
               (1)          (business) a person at least 18 years of age apparently in charge at the office or usual place of business of the person
                                 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 person served. I informed him or her of the general nature of the papers.
                   (3) on (date):                                      (4) at (time):
                   (5)        A declaration of diligence is attached. (Substituted service on natural person, minor, conservatee or candidate.)

      c.          by mailing the copies to the person served, addressed as shown in item 2c, by first-class mail, postage prepaid.
                      on (Date):                                                 (2) from (city):
                  (2) with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed to me.
                  (3)            to an address outside California with return receipt requested.                      (Attach completed form.)

      d.           by causing copies to be mailed. A declaration of mailing is attached.
      e.           other (specify other manner of service and authorizing code section):

4. The "Notice to the Person Served" (on the summons) was completed as follows:
   a.         as an individual defendant.
   b.         as the person sued under the fictitious name of (specify):
   c.         on behalf of (specify):
                                       CCP 416.10 (corporation)                              CCP 416.60 (minor)                      other:
                                       CCP 416.20 (defunct corporation)                      CCP 416.70 (conservatee)
                                       CCP 416.40 (association or partnership)               CCP 416.90 (individual)

5. Person serving (name address, and telephone No.):                                   a. Fee for service: $
                                                                                       b.       Not a registered California process server
                                                                                       c.       Exempt from registration under B&P
                                                                                       d.       Registered California process server.
                                                                                                  (1)         Employee or independent contractor.
                                                                                                  (2) Registration No.:
                                                                                                  (3) County:

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

7.         I am a California sheriff, marshal, or constable and certify that the foregoing is true and correct.



     982(a)(11) [Rev. January 1,1997                                                                                                                               Page two
                                                                          PROOF OF SERVICE                                                        Code Civ. Proc. §41710(f)
                                                                      (Summons-Unlawful Detainer)
     ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Addressl:                                TELEPHONE NO.:                    FOP' COUP'T USE ONLY

                                                               Cal Bar No.
    ATTORNEY FOR {Namer:


     CASE NAME:                                                                                             THIS IS A
                                                             VS.                                            SAMPLE ONLY
                                                                                                            AND WILL NOT
                                                                                                            PRINT (SO DON'T
                                                                                                             CASE NUMBER:

                                             CIVIL CASE COVER SHEET
                                                (Case Cover Sheets)
    1           Case category (Insert code from list below for the ONE case type that best describes the case):
    . 01 Abuse of Process                                                  18 Insurance Coverage/Subrogation
      02 Administrative Agency Review                                      19 Intellectual Property
      03 Antitrust/Unfair Business Practices                               20 Enforcement of Judgment (Sister State, Foreign,
      04 Asbestos                                                                 Out-of-Country Abstracts)
      05 Asset Forfeiture                                                  21 Partnership and Corporate Governance
      06 Breach of Contract/Warranty                                       22 Pl/PD/WD—Auto (Personal Injwy/Property Damage/'
      07 Business Tort                                                            Wrongful Death)
      08 Civil Rights (Discrimination, False Arrest)                       23 Pl/PD/WD—Nonauto
      09 Collections (Money Owed, Open Book Accounts)                      24 Product Liability
      10 Construction Defect                                               25 Professional Negligence /Medical or Legal Malpractice, eta)
      11 Contractual Arbitration                                           26 Real Property (Quiet Title)
      12 Declaratory Relief                                                27 RICO
      13 Defamation {Slander, Libel)                                       28 Securities Litigation
      14 Eminent Domain/lnverse Condemnation                               29 Tax Judgment
      15 Employment (Labor Commissioner A ppeals,                          30 Toxic Tort/Environmental
            EDD Actions, Wrongful Termination)                             31 Unlawful Detainer—Commercial
      16 Fraud                                                             32 Unlawful Detainer—Residential
      17 Injunctive Relief                                                 33 Wrongful Eviction
                                                                           34 Other:

    2. Type of remedies sought (check all that apply): a.                    Monetary b.           Nonmonetary c.              Punitive
    3. Number of causes of action:
    4. Is this a class action suit?     Yes          No


                                      (TYPE OR PRINT NAME}                                             (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)

                                                                NOTE TO PLAINTIFF
        · This cover sheet shall accompany each civil action or proceeding, except those filed in small claims court or filed under the Probate
           Code, Family Law Code, or Welfare and Institutions Code.
        · File this cover sheet in addition to any cover sheet required by local court rule.
        · Do not serve this cover sheet with the complaint.
-       · This cover sheet shall be used for statistical purposes only and shall have no effect on the assignment of the case.

     Form Adopted by Rule 982.2                                    CIVIL CASE COVER SHEET
     Judicial Council at California
    982.2(b}(1} INew July 1, 19961
                                                                       (Case Cover Sheets)

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