Tulare — Unlawful Detainer Answer Packet

Source: https://www.tulare.courts.ca.gov/system/files/forms-and-filings/ud-answer-03-20-2026.pdf

www.tulare.courts.ca.gov (559) 730-5000

UNLAWFUL DETAINER (EVICTION):
ANSWER

Forms included in this packet:

UD-105 Answer – Unlawful Detainer

COMPLETE, FILE, Attachment 3(t) Affirmative Defenses Attachment (optional) & SERVE CP 10.5 Prejudgment Claim of Right to Possession (optional)

FILE AFTER POS-030 Proof of Service by First-Class Mail – Civil SERVICE

For a list of legal packets and samples, scan the QR code below, or visit:

https://www.tulare.courts.ca.gov/forms-filing/local-forms-information-filing-instructions

Revised 03/20/2026 Unlawful Detainer: Answer Page 1 of 5

Unlawful Detainer (Eviction): Answer

Completing Forms:

• California Court forms: Fillable, printable PDF versions of the forms referenced in this
packet are available at the California Court website. For details, visit:
https://courts.ca.gov/rules-forms/find-your-court-forms
• LawHelp Interactive: A free resource that assists litigants with completing legal forms through a
series of guided interview questions. For details, visit:
https://lawhelpinteractive.org/Interview/GenerateInterview/6958/engine
• Legal packets and samples: The Tulare County Superior Court‘s website offers many
packets and samples. Visit the link on page 1 (or scan the QR code).

Self-Help Resource Center:

If you do not have an attorney representing you, free procedural assistance is available.

Contact the Self-Help Resource Center (SHRC), also known as the Office of the Family Law Facilitator. SHRC staff will provide instructions on how to complete forms, how to serve the other party, and can answer procedural questions. However, SHRC staff CANNOT complete your forms for you, provide legal advice, or represent you in court. The SHRC can be reached at (559) 737- 5500 and selfhelp@tulare.courts.ca.gov, and offices are located at:

County Civic Center South County Justice Center
221 S. Mooney Blvd., Room 203 300 E. Olive Ave.
Visalia, CA 93291 Porterville, CA 93257

Other Resources:

If you have further questions or concerns, consult with an attorney or use the assistance of

a paralegal or typing service. You may also conduct research on your legal issue and find additional information at:

• California Courts’ Self-Help website: https://selfhelp.courts.ca.gov/
• Tulare County Law Library: https://tularecounty.ca.gov/lawlibrary/
• Sacramento County Public Law Library: https://saclaw.org/
• Central California Legal Services (CCLS): https://centralcallegal.org/
o CCLS provides free legal assistance on landlord-tenant matters for parties who
meet certain financial criteria.
• California Rural Legal Assistance (CRLA): https://crla.org/
o CRLA is a nonprofit law firm that provides free civil legal services to low-income
residents of California's rural counties.
• Office of The Attorney General: https://oag.ca.gov/tenants

Revised 03/20/2026 Unlawful Detainer: Answer Page 2 of 5

INSTRUCTIONS

In California, a landlord can evict a tenant in certain situations through a process called

unlawful detainer. If you’ve been served with a Summons and Complaint for unlawful detainer, this means your landlord has started an eviction case asking a judge to order you to move out – to evict you. You should have already received a written Notice that provides the reason the landlord is evicting you, and the deadline to comply with the Notice has passed. Carefully read these documents to understand the allegations against you, and what the landlord is requesting (see Item 20 of the Complaint).

This informational guide provides information and forms to respond to the Complaint, and

includes an eviction flow chart which shows the various steps in an eviction case. Read this packet in its entirety before you begin completing forms. Forms referenced but not included in this packet are available on the California Court website, and resource links are listed on page 2.

Act quickly: You have 10 court days to file an Answer after you’re been personally served with the Summons and Complaint. It is not enough to call or write a letter to the landlord, or to write a letter to the court. When counting the 10 days, don't count weekends or court holidays. Day 1 is the day after you were served.

Extended Deadline: If you were served by substituted service (documents left with an adult at your home or work, and then mailed to you), you have 20 days to respond (the first 10 days are calendar days, and the next 10 days are court days).

STEP 1: DETERMINE HOW TO RESPOND

You have four main choices:

• Respond to the eviction case by filing an Answer with the court. This means you intend to
participate in the lawsuit and fight the eviction. Go to Step 2 for next steps.
• Negotiate with your landlord and try to come up with an agreement where you can stay in
your home. This agreement, called a Stipulation, must be filed with the court, and can say
that the case is being dismissed provided that you fulfill your duties under the agreement.
• Move out. Later, your landlord can still sue you for back rent.
• Do nothing. The landlord can evict you without your having a say in the case. An eviction
will show up on your credit report and can hurt your ability to rent in the future. If you owe
money for back rent, the landlord may be able to take that money from your paycheck or
bank account.

Tip: Even if you choose to negotiate with your landlord or move
out immediately, it may be a good idea to file an Answer, so
the case isn't decided without your having a say.

Revised 03/20/2026 Unlawful Detainer: Answer Page 3 of 5

STEP 2: COMPLETE THE FORMS

UD-105, Answer – Unlawful Detainer

If you’ve decided to respond, complete this form. One Answer form can be filed for

multiple tenants if they all have the same defense. Otherwise, each tenant should file their own Answer.

• Caption: Enter the Plaintiff, Defendant, and Case Number exactly as they are written on
the Complaint.
• Item 1: Write your name, and the name of each person filing the Answer with you.
• Item 2: Mark either (a) for general denial or (b) for specific denials.
o If you marked (b), complete (1) and (2) and explain why you disagree with certain
statements or claims in the Complaint.
• Item 3: Mark the boxes if any of the listed defenses or objections apply to you.
o If you marked any of the boxes from 3(a) through 3(s), explain at 3(t) why you think
those defenses or objections apply to your situation.
o Optional: Included in this packet is Attachment 3(t), which lists various affirmative
defenses.
• Items 4 through 6: Complete these items if they apply to you.
• Item 7: Mark the box for “Did not”.
o Each tenant using this form must print their name and sign.
• Under Verification: Each tenant using this form must date, print their name, and sign,
indicating that everything entered in the Answer is true.

CP 10.5 – Prejudgment Claim of Right to Possession

This optional form is only used by occupants who were not named in the Complaint, but

who assert they have a legal right to remain in the property. Carefully read the Notice at the top of page 1. Filing and serving this form will allow you to become part of the case but could leave you open to liability in the event the judge rules in favor of the landlord. This means that if you lose, the eviction will show up on your credit record.

• File form CP 10.5 within 10 calendar days of being served the Summons and Complaint.
• You must also file form UD-105, Answer – Unlawful Detainer, within 5 calendar days of
filing form CP 10.5.

Revised 03/20/2026 Unlawful Detainer: Answer Page 4 of 5

STEP 3: FILE YOUR FORMS

After you’ve completed your forms, make two copies. Bring the originals and copies to the

Clerk of Court, located at Room 201 of the Visalia Courthouse, or the filing windows at the South County Justice Center in Porterville. The Clerk will keep the originals and give you back copies. One copy is for you, and other copy is to serve on the landlord.

Filing Fee: There is a fee for filing these forms. If you cannot pay the filing fee, ask the Clerk of Court for a Fee Waiver Packet, which includes: • FW-001, Request to Waive Court Fees, and • FW-003, Order on Court Fee Waiver (Superior Court). Complete these forms, make one copy of each for your records, and present them at the time of filing. Each tenant must complete their own fee waiver forms.

STEP 4: SERVE THE LANDLORD

The next step is to serve the landlord or landlord’s attorney with a copy of your Answer.

Service means someone age 18 or older, who is not a party to the case, will mail a copy of your filed form UD-105, Answer – Unlawful Detainer, to the landlord or landlord's attorney, at the name and address listed on Item 2 of form SUM-130, Summons– Eviction.

STEP 5: FILE THE PROOF OF SERVICE

After service, the server must complete form POS-030, Proof of Service by First-Class

Mail – Civil, stating what documents were served, and when and where the service took place. The server will date, print, and sign at the bottom of page 2. Make one copy and bring to the Clerk of Court for filing. The Clerk will keep the original and give you back a filed copy for your records. A filed Proof of Service tells the court that the landlord received the forms and that the case cannot proceed to default.

STEP 6: REQUEST TRIAL

After you file and serve your Answer, both the landlord and tenant can request a trial. To do

so, complete form UD-150, Request to Set Case for Trial – Unlawful Detainer. Make a copy and have someone age 18 or older mail it to the landlord. Have your server fill out the Proof of Service section on page 2, and then bring to the Clerk of Court for filing. After filing, the Court Clerk will mail all parties a notice with the trial date. The trial date will be set within 20 calendar days.

Revised 03/20/2026 Unlawful Detainer: Answer Page 5 of 5

The Eviction Process

Tenant receives Eviction Notice If Tenant moves out before deadline,
(3-Day, 5-Day, 30-Day, or 60-Day) process ends without court involvement

If Tenant does not move out, Landlord files
Summons (SUM-130) and Complaint (UD-100)

Tenant is served with Summons (SUM-130) and
Complaint (UD-100)
(tenant has 10 court days to file Answer (UD-105))

Tenant files Answer (UD-105) Tenant does nothing

Either Landlord or Tenant files
Request to Set Case for Trial (UD-150)
(Trial will be set within 20 calendar days)

Landlord files
Court provides Landlord and Request for Entry of Default (CIV-100)
Tenant with Notice of Trial

Court Trial

Court enters Judgment (UD-110) Court enters Judgment (UD-110)
in favor of Tenant in favor of Landlord

Tenant remains housed under Landlord files Writ of Possession (EJ-130)
the conditions set forth in the
Judgment (UD-110)
Sheriff serves Tenant with:
1) Writ of Possession (EJ-130), and
2) Sheriff’s Lock-Out Notice
(the Lock-Out date will be approx.
7 calendar days from date of service)

2. Sheriff’s Lock-Out Notice (the Lock-Out date will be approx. 7 calendar days from date of service) Optional: On the day of the Judge orders At least 2 days before the Lock-Out, the Sheriff new Trial Lock-Out date, Tenant files: will come to the (Trial will be set in 1) Motion to Set Aside premises to forcibly approx. 2 court days) Default Judgment, and evict the tenant 2) Stay of Execution

Revised 09/05/2025

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Case Name: ___________________________________ Case # : _________________________ Attachment 3(t) - AFFIRMATIVE DEFENSES Check all boxes that apply to your case

Plaintiff has breached the warranty to provide habitable premises The property has the following defective conditions: leaks (describewhere)___________________________________________________________ defective plumbing (describewhereandhow)__________________________________________ unsafe gas or electricity (describewhereandhow)______________________________________ no heat no hot and cold running water dirty or unsafe common areas (areas shared with others such as sidewalks and laundry rooms) infestation of rodents, pests, or other vermin. These conditions above were caused by normal wear and tear, and not by me or my guests. I told the landlord about the problem on or about (describewhenandhow)_________________________________but s/he failed to make the repairs in a reasonable time. I told the landlord I would withhold the rent money until the repairs are made. I have the rent money and will bring it to court with me. [SeeCode of Civil Procedure (CCP) section 1174.2 and Civil Code (CC) sections 1941-1942.5; Greenv.SuperiorCourt (1974) 10 Cal.3d 616, 631-632, 111 Cal.Rptr. 704]

Deducting Needed Repairs from the Rent The landlord failed to maintain the property and I had to make the following repairs myself: (describethetypeof repairs)______________________________________________________________________________. I first told the landlord about the problem on or about (describewhenandhow)_________________________but s/he failed to make the repairs in a reasonable time. I then told my landlord that I would fix the problems myself and subtract the costs from the rent. The repairs cost less than one month’s rent, and I have not done this more than twice in a 12-month period. [SeeCivil Code (CC) § 1942]

Landlord’s Refusal to Accept the Rent I tried to pay the landlord the full amount of rent due on ______________________, which was before the end of the three days in the notice to pay rent or quit, but the landlord refused to accept it. I have the rent money and will bring it to the trial.

Landlord Waives or Cancels the Notice to Quit The landlord told me on or about (describewhenandhow)_________________________ to ignore the 3-day notice to pay or quit, and that it was O.K. if I paid the rent by ____________________. The landlord accepted rent to cover a period of time after the 30 60 day notice to quit. The landlord accepted partial rent after the 3-day notice to quit, and before this lawsuit was filed. I have the rent money and will bring it to the trial. [See EDCAssoc.v.Gutierrez, (1984) 153 Cal.App.3d 167, 170, 200 Cal.Rptr. 333]

Retaliatory Eviction The landlord is evicting me because I reported the landlord to (describetowhom)___________________________________ ________________ on or about (date)because (describereason)_____ ______________ ____________________________________________________________ and the landlord is retaliating against me for making my complaint. [See Barelav.SuperiorCourt, (1981) 30 Cal.3d 244, 249, 178 Cal.Rptr. 618]

Discrimination The landlord is evicting me, not because of being a bad tenant, but because of my race color sex religion national origin marital status sexual orientation number of children occupation physical or mental disability because I am receiving public assistance. [SeeCivil Code Section 51, et seq.; AbstractInvestmentCo.V.Huthchinson(1962) 204 Cal.App.2d 242,255, 22 Cal.Rptr. 309; MarinaPoint,Ltd.V.Wolfson (1982) 30 Cal.3d 721, 724-726, 180 Cal.Rptr. 496]

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Affirmative Defenses Attachment Page ___ of ____

Case Name: ___________________________________ Case # : _________________________

Rent Control The property that I am renting is governed by a rent control ordinance of ______________________ or it is a mobile home park subject to rent control, or it is a federally subsidized housing project, or it is Section 8 housing, AND the landlord’s efforts to evict me violate rent control law.

Tenant Protection Act of 2019 [See Civil Code (CC) §§ 1946.2, 1947.12] The notice of termination does not state a just cause for the termination. The landlord did not provide me an opportunity to cure alleged violations of the terms and conditions of the lease (other than nonpayment of rent) The landlord did not offer relocation assistance within 15 days of giving notice did not offer relocation assistance The landlord raised the rent more than is allowed [SeeCivil Code (CC) § 1947.12]. The original rent was $___________. The landlord raised the rent to $ ____________. The only unpaid rent is the unauthorized amount. The landlord violated the Tenant Protection Act in some other way that defeats the complaint, as follows: __________________________________________________________________________________________________.

Acceptance of Rent: The landlord accepted rent after the period of the notice to pay rent or quit expired. The landlord accepted the rent on (date): ________________________. [See Civil Code (CC) §§ 1946.2, 1947.12]

Domestic Violence/Sexual Assault/Stalking/Human Trafficking/Elder Abuse: The tenant or a member of the tenant’s family is the victim of Domestic Violence/Sexual Assault/Stalking/Human Trafficking/Elder Abuse and the victim has a restraining order or police report not more than 180 days old, or a signed statement from a third party concerning the acts, and the landlord is evicting the tenant based on that act. The date of the police report or restraining order is: _____________________________________________________. The circumstances of the incident are: _________________________________________________________________

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Emergency Assistance: The landlord is evicting the tenant because the tenant or someone else called the police or emergency services on behalf of a victim of abuse, crime, or an emergency and the tenant or the person calling believed it was necessary. The circumstances of the incident are: _________________________________________________________________

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Retaliation for Nonpayment During Protected Period The landlord is claiming to evict based on a stated reason that is not the real reason; the landlord is actually evicting because the tenant did not pay rent during the protected period between March 1, 2020 and August 30, 2020. The reason I believe this to be true is: ______________________________________________________________________

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Failure to State a Cause of Action The landlord has failed to include all the requirements for properly alleging a complaint for unlawful detainer.

Material Breach of Rental Agreement by Landlord The landlord materially violated the rental agreement by (describewhatthelandlordfailedtodo)________________ _____________________________________________________________________________________. [See Greenv. SuperiorCourt, (1974) 10 Cal.3d 616, 634-635, 111 Cal.Rptr. 704]

Defective Notice The notice that the landlord gave me was defective because it: was not in writing was not given to me in the way the law requires

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Affirmative Defenses Attachment Page ___ of ____

Case Name: ___________________________________ Case # : _________________________

the 15 day notice to pay rent or quit did not state the exact amount of rent due, or included other charges besides rent.

[SeeCode of Civil Procedure section 1161]

Defective Notice of Rental Increase The landlord raised the rent more than 10% and failed to give me 60 days advance notice of the increase, and based the 3-day notice to pay rent or quit on the improperly noticed rental increase. [See California Civil Code section 827]

Ownership of the Property is in Dispute This eviction lawsuit is brought by a lender who loaned money to a homeowner, and by a landlord who rented property to a tenant; and the foreclosure that resulted in the lender acquiring title to the property was conducted improperly or in violation of the law. Because title and right to ownership of the property an issue in the lawsuit it should not be decided in an unlawful detainer case. (See Mehrv.SuperiorCourt(1983) 139 Cal.App.3d 1044, 1049, 189 Cal.Rptr. 138]

Subdivision Map Act The landlord violated the Subdivision Map Act by renting the property because the property was not zoned for this type of use or occupancy. Therefore the rental agreement is not enforceable. (See Government Code Sections 66410-66499.57, and read the case of Adlerv.Elphick(1986) 184 Cal.App.3d 642, 645- 646, 229 Cal.Rptr. 554]

Offset I overpaid the rent for the month of , year ________ and am entitled to a refund in the amount of $; or I paid the sum of $____________________ to ________________________ at the specific request of the landlord, but the landlord failed to credit me this amount on my rent, or refund the overpayment to me. [See Minelianv.Manzella(1989) 215 Cal.App.3d 457, 463-465, 263 Cal.Rptr. 597]

Act of God I was prevented from performing the terms of the rental agreement due to a natural occurrence (earthquake, flood, storm) which occurred on ____________________, and made it impossible for me to (describe) __________________________________________________________________________________________________________________________.

Lack of Privity There was no contract or agreement between the landlord and I so I cannot be held responsible for any rent.

Statute of Frauds The lease the landlord is suing me for was not in writing so it cannot be enforced against me.

Parole Evidence Rule The terms of the rental agreement or lease that the landlord claims I violated were not included in the written contract.

Failure of Condition Precedent The landlord failed to do the following _________________________________________. This was required by the terms of our agreement before I had the obligation to pay $ for __________________________________________________________________________________________________.

Breach by Plaintiff The landlord broke the contract first by (describe)__________________________________________________________________________, and this excused me from performing my part of the bargain.

Attorney’s Fees Not Recoverable There was no contract I entered into with the landlord that included a clause entitling the prevailing party to recover attorneys’ fees.

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Affirmative Defenses Attachment Page ___ of ____

Case Name: ___________________________________ Case # : _________________________

OTHER DEFENSES

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Affirmative Defenses Attachment Page ___ of ____

CP10.5 NOTICE: EVERYONE WHO LIVES IN THIS RENTAL UNIT MAY BE EVICTED BY COURT ORDER. READ THIS FORM IF YOU LIVE HERE AND IF YOUR NAME IS NOT ON THE ATTACHED SUMMONS AND COMPLAINT.

1. If you live here and you do not complete and submit this form, you may be evicted without further hearing by the court along with the persons named in the Summons and Complaint.
2. You must file this form within 10 days of the date of service listed in the box on the right hand side of this form. Exception: If you are a tenant being evicted after your landlord lost the property to foreclosure, the 10-day deadline does not apply to you and you may file this form at any time before judgment is entered.
3. If you file this form, your claim will be determined in the eviction action against the persons named in the complaint.
4. If you do not file this form, you may be evicted without further hearing.
5. If you are a tenant being evicted due to foreclosure, you have additional rights and should seek legal advice immediately.

CLAIMANT OR CLAIMANT'S ATTORNEY (Name and Address): TELEPHONE NO.: FOR COURT USE ONLY

ATTORNEY FOR (Name):

NAME OF COURT:

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:
Plaintiff:
Defendant:

PREJUDGMENT CLAIM OF RIGHT TO POSSESSION CASE NUMBER:

Complete this form only if ALL of these statements are true:

1. You are NOT named in the accompanying Summons and Complaint. (To be completed by the process server)

2. You occupied the subject premises on or before the date the unlawful DATE OF SERVICE: detainer (eviction) complaint was filed. (The date is in the accompanying (Date that form is served or delivered, Summons and Complaint.) posted, and mailed by the officer or

3. You still occupy the subject premises. process server) I DECLARE THE FOLLOWING UNDER PENALTY OF PERJURY:

4. My name is (specify):

5. I reside at (street address, unit no., city and ZIP code):

6. The address of "the premises" subject to this claim is (address):

7. On (insert date): , the landlord or the landlord's authorized agent filed a complaint to recover possession of the premises. (This date is in the accompanying Summons and Complaint.)

8. I occupied the premises on the date the complaint was filed (the date in item 4). I have continued to occupy the premises ever since.

9. I was at least 18 years of age on the date the complaint was filed (the date in item 4).

10. I claim a right to possession of the premises because I occupied the premises on the date the complaint was filed (the date in item 4).

11. I was not named in the Summons and Complaint.

12. I understand that if I make this claim of possession, I will be added as a defendant to the unlawful detainer (eviction) action.

13. (Filing fee) I understand that I must go to the court and pay a filing fee of $ or file with the court an "Application for Waiver of Court Fees and Costs." I understand that if I don't pay the filing fee or file the form for waiver of court fees, I will not be entitled to make a claim of right to possession. (Continued on reverse)

CP10.5 [Rev. June 15, 2015] PREJUDGMENT CLAIM OF RIGHT Code of Civil Procedure, §§ 415.46, TO POSSESSION 715.010, 715.020, 1174.25

CP10.5

Plaintiff: CASE NUMBER:

Defendant:

11. If my landlord lost this property to foreclosure, I understand that I can file this form at any time before judgment is entered, and that I have additional rights and should seek legal advice.

12. I understand that I will have five days (excluding court holidays) to file a response to the Summons and Complaint after I file this Prejudgment Claim of Right to Possession form. NOTICE: If you fail to file this claim, you will be evicted without further hearing.

13. Rental agreement. I have (check all that apply to you): a. an oral or written rental agreement with the landlord. b. an oral or written rental agreement with a person other than the landlord. c. an oral or written rental agreement with the former owner who lost the property to foreclosure. d. other (explain):

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

WARNING: Perjury is a felony punishable by imprisonment in the state prison.

Date:

(TYPE OR PRINT NAME) (SIGNATURE OF CLAIMANT)

NOTICE: If you file this claim to possession, the unlawful detainer action against you will be
determined at trial. At trial, you may be found liable for rent, costs, and, in some cases, treble
damages.

- NOTICE TO OCCUPANTS -

YOU MUST ACT AT ONCE if all the following are true:
1. You are NOT named in the accompanying Summons and Complaint.
2. You occupied the premises on or before the date the unlawful detainer (eviction) complaint was filed.
3. You still occupy the premises.

You can complete and SUBMIT THIS CLAIM FORM WITHIN 10 DAYS from the date of service (on the form) at the court
where the unlawful detainer (eviction) complaint was filed. If you are a tenant and your landlord lost the property you occupy
through foreclosure, this 10-day deadline does not apply to you. You may file this form at any time before judgment is
entered. You should seek legal advice immediately.

If you do not complete and submit this form (and pay a filing fee or file a fee waiver form if you cannot pay the fee), YOU
WILL BE EVICTED.

After this form is properly filed, you will be added as a defendant in the unlawful detainer (eviction) action and your right to
occupy the premises will be decided by the court. If you do not file this claim, you may be evicted without a hearing.

CP10.5 [Rev. June 15, 2015] PREJUDGMENT CLAIM OF RIGHT TO POSSESSION Page two

POS-030

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

TELEPHONE NO.: FAX NO.(Optional):

E-MAIL ADDRESS (Optional):

ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

PROOF OF SERVICE BY FIRST-CLASS MAIL - CIVIL CASE NUMBER:

(Do not use this Proof of Service to show service of a Summons and Complaint.)

1. I am over 18 years of age and not a party to this action. I am a resident of or employed in the county where the mailing

   took place.

2. My residence or business address is:

3. On (date) : I mailed from (city and state): the following documents (specify):

   The documents are listed in the Attachment to Proof of Service by First-Class Mail - Civil (Documents Served) (form POS-030(D)).

4. I served the documents by enclosing them in an envelope and (check one) :

   a. depositing the sealed envelope with the United States Postal Service with the postage fully prepaid. b. placing the envelope for collection and mailing following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid.

5. The envelope was addressed and mailed as follows: a. Name of person served: b. Address of person served:

   The name and address of each person to whom I mailed the documents is listed in the Attachment to Proof of Service by First-Class Mail-Civil (Persons Served) (POS-030(P)).

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 OF PERSON COMPLETING THIS FORM) (SIGNATURE OF PERSON COMPLETING THIS FORM)

Form Approved for Optional Use PROOF OF SERVICE BY FIRST-CLASS MAIL - CIVIL Code of Civil Procedure, §§ 1013, 1013a Judicial Council of California www.courtinfo.ca.gov POS-030 [New January 1, 2005] (Proof of Service)

INFORMATION SHEET FOR PROOF OF SERVICE BY FIRST-CLASS MAIL - CIVIL

(This information sheet is not part of the Proof of Service and does not need to be copied, served, or filed.)

NOTE: This form should not be used for proof of service of a summons and complaint. For that purpose, use Proof of Service of Summons (form POS-010).

Use these instructions to complete the Proof of Service by First-Class Mail - Civil (form POS-030).

A person over 18 years of age must serve the documents. There are two main ways to serve documents: (1) by personal delivery and (2) by mail. Certain documents must be personally served. You must determine whether personal service is required for a document. Use the Proof of Personal Service - Civil (form POS-020) if the documents were personally served.

The person who served the documents by mail must complete a proof of service form for the documents served. You cannot serve documents if you are a party to the action.

INSTRUCTIONS FOR THE PERSON WHO SERVED THE DOCUMENTS

The proof of service should be printed or typed. If you have Internet access, a fillable version of the Proof of Service form is available at www.courtinfo.ca.gov/forms.

Complete the top section of the proof of service form as follows:

First box, left side : In this box print the name, address, and telephone number of the person for whom you served the documents.

Second box, left side : Print the name of the county in which the legal action is filed and the court's address in this box. The address for the court should be the same as on the documents that you served.

Third box, left side: Print the names of the Petitioner/Plaintiff and Respondent/Defendant in this box. Use the same names as are on the documents that you served.

First box, top of form, right side: Leave this box blank for the court's use.

Second box, right side: Print the case number in this box. The case number should be the same as the case number on the documents that you served.

Complete items 1-5 as follows:

1. You are stating that you are over the age of 18 and that you are not a party to this action. You are also stating that you either live in or are employed in the county where the mailing took place.

2. Print your home or business address.

3. Provide the date and place of the mailing and list the name of each document that you mailed. If you need more space to list the documents, check the box in item 3, complete the Attachment to Proof of Service by First-Class Mail - Civil (Documents Served) (form POS-030(D)), and attach it to form POS-030.

4. For item 4:

   Check box a if you personally put the documents in the regular U.S. mail. Check box b if you put the documents in the mail at your place of business.

5. Provide the name and address of each person to whom you mailed the documents. If you mailed the documents to more than one person, check the box in item 5, complete the Attachment to Proof of Service by First-Class Mail - Civil (Persons Served)(form POS-030(P)), and attach it to form POS-030.

At the bottom, fill in the date on which you signed the form, print your name, and sign the form. By signing, you are stating under penalty of perjury that all the information you have provided on form POS-030 is true and correct.

POS-030 [New January 1, 2005] PROOF OF SERVICE BY FIRST CLASS MAIL - CIVIL (Proof of Service)