San Diego — Unlawful Detainer Answer Packet Information CIV-241 (Rev: 1/26)

Source: https://www.sdcourt.ca.gov/sites/default/files/sdcourt/generalinformation/forms/civilforms/civ241.pdf

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, HALL OF JUSTICE, 330 W. BROADWAY, SAN DIEGO, CA 92101

UNLAWFUL DETAINER ANSWER PACKET INFORMATION

An unlawful detainer is a lawsuit in which a landlord tries to evict a tenant because according to the landlord, the tenant no longer has the right to live on the property. This is also called an eviction. This packet contains the forms that may be used to answer an unlawful detainer matter and a brief description of the steps involved in the process.

Please be advised that court employees may not give legal advice. It is recommended that you seek legal advice or do your own legal research if you are not familiar with this legal process. Additional information may be found on the Superior Court's website at www.sdcourt.ca.gov, and the Judicial Council's self-help website, www.courts.ca.gov/selfhelp- housing.htm.

READ ALL INSTRUCTIONS CAREFULLY BEFORE FILLING OUT ANY FORMS KEY TERMS & TERM DEFINITION DEFINITIONS Complaint The lawsuit filed in the court. Plaintiff The party that initiates the lawsuit and files the complaint. Defendant The party or person sued in the lawsuit that may respond to the complaint. Answer A written pleading filed by the defendant in response to the complaint. Service The delivery of copies of legal documents to the opposing party or other person to whom the documents are directed. Default Failure of a party to respond to a lawsuit, or to follow proper procedure to prevent entry of a judgment against them. Judgment The official decision of the court stating which party won and the terms of the decision. Writ A court order authorizing the Sheriff to enforce and satisfy the judgment by levying on real or personal property. FEES A fee is required to file an answer or respond to the Unlawful Detainer. To determine the amount of the fee, refer to the Fee Schedule (SDSC Form #ADM-001) which may be found on the Superior Court's website at www.sdcourt.ca.gov. WHAT IF I If you cannot afford to pay the court fees, you may request the court waive all or some filing fees or CANNOT costs by applying for a fee waiver. Refer to the Information Sheet on Waiver of Superior Court Fees AFFORD THE and Costs (JC Form #FW-001-INFO) for additional information. To request a fee waiver, complete COURT FEES? the Request to Waive Court Fees (JC Form #FW-001) and Order on Court Fee Waiver (JC Form #FW-003). Submit the fee waiver with your Answer to the court. These forms are available in the clerk’s office or on the Judicial Council website at www.courts.ca.gov/forms/htm.

COMPLETING It is recommended that you type or print responses within the forms in black or blue-black ink. FORMS FORM ACTION • Answer – Unlawful Detainer • Complete front and back of the form. (JC Form #UD-105) • Multiple defendants may file an Answer together; however, each person answering must date, sign and pay a filing fee, or file their own fee waiver. • Make two copies of this form. • Proof of Service by First-Class • Have someone over 18 years of age that is not a party to Mail (JC Form #POS-030) the case, complete this form. • The person who signs the form is stating under penalty of perjury that they have mailed a copy of the Answer to the plaintiff or the plaintiff’s attorney. • Make two copies of this form.

SDSC CIV-241 (Rev. 1/26) UNLAWFUL DETAINER ANSWER PACKET INFORMATION Page 1 of 2 Informational Form

COMPLETING FORM ACTION FORMS, cont. • Request to Waive Court Fees • Complete these forms if you cannot afford to pay the (JC Form #FW-001) court fees and are requesting to have the court fees • Order on Court Fee Waiver waived. Refer to the Information Sheet on Waiver of (JC Form #FW-003) Court Fees and Costs (JC Form #FW-001-INFO). • Each defendant who signs the Answer must pay a filing fee or submit their own fee waiver. • Make a copy of each form.

DISTRIBUTING What to do with your completed documents: COPIES • Take your original documents to the civil business office to be filed. • Also bring one set of copies with your original documents so the clerk can file-stamp (conform) them for you to keep for your records. • Have a copy of the Answer and Proof of Service served on the plaintiff or the plaintiff's attorney (see Service section below).

SERVICE Once you have completed the forms, you are required to notify the other side that you intend to answer or respond. This is called service of process, or serving, which simply means giving a copy of your answer and proof of service to the plaintiff or plaintiff's attorney, if they have one. You cannot do this yourself, but anyone who is over the age of 18 who is not a party to the case can serve the papers for you. You may also have a registered process server serve these papers, but you should be aware that they charge a fee for this service. The person who serves the plaintiff or the plaintiff's attorney needs to complete a Proof of Service (see above), and give it to you so you can file it with the court.

FILING AT THE How to file documents with the court: COURT • Take your original documents and copies to the civil business office to be filed. • Pay the appropriate filing fee for each person that signed the Answer, OR • File a fee waiver for each person that signed the Answer. The clerk will file-stamp your copies and return them to you.

TRIAL Once the trial date has been set, you will be notified by mail. It is your responsibility to keep the court NOTIFICATION informed of your current address.

If a party to this case will need an interpreter for a hearing, an Interpreter Request/Cancellation Form

(SDSC Form #ADM-348) must be submitted. More information may be found on the court’s website at www.sdcourt.ca.gov.

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