San Diego — Unlawful Detainer Answer Packet PKT-021 (Rev: 1/26)

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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN DIEGO

UNLAWFUL DETAINER
ANSWER PACKET

FORMS INCLUDED IN THIS PACKET
Unlawful Detainer Answer Packet Instructions SDSC Form #CIV-241
Shriver – Housing You May Be Eligible SDSC Form #ADM-305
Answer – Unlawful Detainer Judicial Council Form #UD-105
Proof of Service by First-Class Mail Judicial Council Form #POS-030

PKT-021 (Rev.1/26)

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.

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

YOU MAY BE ELIGIBLE FOR A FREE LAWYER TO ADVISE AND/OR REPRESENT YOU IN YOUR UNLAWFUL DETAINER CASE

Call the number below to see if you are eligible: 1-866-244-0101

IT IS IMPORTANT TO CALL IMMEDIATELY. YOU ONLY HAVE 10 CALENDAR DAYS AFTER THE SERVICE OF THE SUMMONS AND COMPLAINT TO FILE A WRITTEN RESPONSE.

Low-income parties may be eligible for free legal representation in unlawful detainer cases in the Central Division of the San Diego Superior Court.

Funding for this program is made possible by the Sargent Shriver Civil Counsel Act (Gov. Code, § 68650 et seq.)

SDSC ADM-305 (Rev. 1/25) SHRIVER – HOUSING YOU MAY BE ELIGIBLE

USTED PODRÍA RECIBIR LOS SERVICIOS GRATUITOS DE UN ABOGADO QUE LO REPRESENTE Y/O ASESORE EN SU CAUSA DE DESALOJO.

Llame al número a continuación para ver si usted califica: 1-866-244-0101

¡ES IMPORTANTE QUE LLAME INMEDIATAMENTE! SOLO TIENE 10 DÍAS CALENDARIOS A PARTIR DE LA NOTIFICACIÓN DE LA DEMANDA Y LA ORDEN DE COMPARECENCIA PARA PRESENTAR SU RESPUESTA POR ESCRITO.

Las personas de escasos recursos podrían calificar para recibir representación legal gratuita en causas de desalojo en el Tribunal Superior de San Diego, División Central.

Los fondos para este programa los provee Sargent Shriver Civil Counsel Act (Gov. Code, § 68650 et seq.)

SDSC ADM-305 S (Rev. 1/25)

UD-105 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

TELEPHONE NO.: FAX NO. (Optional):
EMAIL ADDRESS:

ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, HALL OF JUSTICE, 330 W. BROADWAY, SAN DIEGO, CA 92101

PLAINTIFF:

DEFENDANT:

CASE NUMBER:

ANSWER—UNLAWFUL DETAINER

1. Defendant (all defendants for whom this answer is filed must be named and must sign this answer unless their attorney signs):

   answers the complaint as follows.

2. DENIALS (Check ONLY ONE of the next two boxes.) a. General Denial (Do not check this box if the complaint demands more than $1,000.) Defendant generally denies each statement of the complaint.

   b. Specific Denials (Check this box and complete (1) and (2) below if complaint demands more than $1,000.) Defendant admits that all the statements of the complaint are true EXCEPT: Denial of Allegations in Complaint (form UD-100 or other complaint for unlawful detainer) (1) Defendant claims the following statements of the complaint are false (state paragraph numbers from the complaint or explain below or, if more room needed, on form MC-025): Explanation is on form MC-025, titled as Attachment 2b(1). (2) Defendant has no information or belief that the following statements of the complaint are true, so defendant denies them (state paragraph numbers from the complaint or explain below or, if more room needed, on form MC-025): Explanation is on form MC-025, titled as Attachment 2b(2).

3. DEFENSES AND OBJECTIONS (NOTE: For each box checked, you must state brief facts to support it in item 3t (on page 3) or, if more room is needed, on form MC-025. You can learn more about defenses and objections at selfhelp.courts.ca.gov/eviction- tenant.) a. (Nonpayment of rent only) Plaintiff has breached the warranty to provide habitable premises. b. (Nonpayment of rent only) Defendant made needed repairs and properly deducted the cost from the rent, and plaintiff did not give proper credit. c. (Nonpayment of rent only) On (date): before the notice to pay or quit expired, defendant offered the rent due but plaintiff would not accept it. d. (Nonpayment of rent only) Plaintiff's demand for possession is based on nonpayment of rent due more than one year ago. e. Plaintiff waived, changed, or canceled the notice to quit. f. Plaintiff served defendant with the notice to quit or filed the complaint to retaliate against defendant.

Judicial Council of California, courts.ca.gov Rev. January 1, 2026, Optional Form Answer—Unlawful Detainer UD-105, Page 1 of 4 Civ. Code, § 1940 et seq.; Code Civ. Proc., §§ 425.12, 1161 et seq., 1179.01 et seq.

UD-105 PLAINTIFF: CASE NUMBER:

DEFENDANT:

3. g. By serving defendant with the notice to quit or filing the complaint, plaintiff is arbitrarily discriminating against the defendant in violation of the Constitution or the laws of the United States or California. h. Plaintiff's demand for possession violates the local rent control or eviction control ordinance of (city or county, title of ordinance, and date of passage): (Also, briefly state in item 3t the facts showing violation of the ordinance.) i. Plaintiff's demand for possession is subject to the Tenant Protection Act of 2019, Civil Code section 1946.2 or 1947.12, and is not in compliance with the act. (Check all that apply and briefly state in item 3t the facts that support each.) (1) Plaintiff failed to state a just cause for termination of tenancy in the written notice to terminate. (2) Plaintiff failed to provide an opportunity to cure any alleged violations of terms and conditions of the lease (other than payment of rent) as required under Civil Code section 1946.2(c). (3) Plaintiff failed to comply with the relocation assistance requirements of Civil Code section 1946.2(d). (4) Plaintiff has raised the rent more than the amount allowed under Civil Code section 1947.12, and the only unpaid rent is the unauthorized amount. (5) Plaintiff violated the Tenant Protection Act in another manner that defeats the complaint.

   j. Plaintiff accepted rent from defendant to cover a period of time after the date the notice to quit expired. k. Plaintiff seeks to evict defendant based on an act—against defendant, defendant's immediate family member, or a member of defendant's household—that constitutes domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or a crime that caused bodily injury, involved a deadly weapon, or used force or threat of force. (This defense requires one of the following, which may be included with this form: (1) a temporary restraining order, protective order, or police report that is not more than 180 days old; (2) a signed statement from a qualified third party (e.g., a doctor, domestic violence or sexual assault counselor, human trafficking caseworker, psychologist, or a victim of violent crime advocate concerning the injuries or abuse resulting from these acts); or (3) another form of documentation or evidence that verifies that the abuse or violence occurred.) (1) The abuse or violence was committed by a person who does not live in the dwelling unit. (2) The abuse or violence was committed by a person who lives in the dwelling unit and defendant claims protection from eviction under Code of Civil Procedure section 1161.3(d)(2).

   l. Plaintiff seeks to evict defendant based on defendant or another person calling the police or emergency assistance (e.g., ambulance) by or on behalf of a victim of abuse, a victim of crime, or an individual in an emergency when defendant or the other person believed that assistance was necessary.

m. Plaintiff's demand for possession of a residential property is based on nonpayment of rent or other financial obligations and (check all that apply) (1) plaintiff received or has a pending application for rental assistance from a governmental rental assistance program or some other source relating to the amount claimed in the notice to pay rent or quit. (Health & Saf. Code, §§ 50897.1(d)(2)(B) and 50897.3(e)(2).) (2) plaintiff received or has a pending application for rental assistance from a governmental rental assistance program or some other source for rent accruing since the notice to pay rent or quit. (Health & Saf. Code, §§ 50897.1(d)(2)(B) and 50897.3(e)(2).) (3) plaintiff's demand for possession is based only on late fees for defendant's failure to provide landlord payment within 15 days of receiving governmental rental assistance. (Health & Saf. Code, § 50897.1(e)(2)(B).)

n. Plaintiff violated a local COVID-19–related ordinance regarding evictions (briefly state facts describing this in item 3t).
o. The property is covered by the federal CARES Act and the plaintiff did not provide 30 days' notice to vacate.
(Property covered by the CARES Act means property where the landlord
is participating in a covered housing program as defined by the Violence Against Women Act (34 U.S.C. § 12491(a));
is participating in the rural housing voucher program under section 542 of the Housing Act of 1949
(34 U.S.C. § 12491); or
has a federally backed mortgage loan or a federally backed multifamily mortgage loan.)
p. Before October 1, 2025, plaintiff improperly applied payments made by defendant in a tenancy that was in existence
between March 1, 2020, and September 30, 2021 (Code Civ. Proc., § 1179.04.5), as follows (check all that apply):
(1) Plaintiff applied a security deposit to rent, or other financial obligations due, without tenant’s written agreement.
(2) Plaintiff applied a monthly rental payment to rent or other financial obligations that were due between March 1, 2020,
and September 30, 2021, other than to the prospective month’s rent, without tenant’s written agreement.

Rev. January 1, 2026 Answer—Unlawful Detainer UD-105, Page 2 of 4

UD-105 PLAINTIFF: CASE NUMBER:

DEFENDANT:

3. q. Plaintiff refused to accept payment from a third party for rent due. (Civ. Code, § 1947.3; Gov. Code, § 12955.)

   r. Defendant has a disability and plaintiff refused to provide a reasonable accommodation that was requested. (Cal. Code Regs., tit. 2, § 12176(c).)

   s. Other defenses and objections are stated in item 3t. t. (Provide facts for each item checked above, either below or, if more room needed, on form MC-025): Description of facts or defenses are on form MC-025, titled as Attachment 3t.

4. OTHER STATEMENTS a. Defendant vacated the premises on (date):

   b. The fair rental value of the premises alleged in the complaint is excessive (explain below or, if more room needed, on form MC-025). Explanation is on form MC-025, titled as Attachment 4b.

   c. Other (specify below or, if more room needed, on form MC-025): Other statements are on form MC-025, titled as Attachment 4c.

5. DEFENDANT REQUESTS a. that plaintiff take nothing requested in the complaint. b. costs incurred in this proceeding. c. reasonable attorney fees. d. that plaintiff be ordered to (1) make repairs and correct the conditions that constitute a breach of the warranty to provide habitable premises and (2) reduce the monthly rent to a reasonable rental value until the conditions are corrected.

   e. Other (specify below or on form MC-025): All other requests are stated on form MC-025, titled as Attachment 5e.

6. Pages attached (specify number of pages):

Rev. January 1, 2026 Answer—Unlawful Detainer UD-105, Page 3 of 4

UD-105 PLAINTIFF: CASE NUMBER:

DEFENDANT:

UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400–6415)

7. (Must be completed in all cases.) An unlawful detainer assistant did not did for compensation give advice or assistance with this form. If defendant has received any help or advice for pay from an unlawful detainer assistant, state

   a. assistant's name: b. telephone number:

   c. street address, city, and zip code:

   d. county of registration: e. registration number: f. expiration date:

(Each defendant for whom this answer is filed must be named in item 1 and must sign this answer unless defendant's attorney signs.)

(TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY)

(TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY)

(TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY)

VERIFICATION

(Use a different verification form if the verification is by an attorney or for a corporation or partnership.)

I am the defendant in this proceeding and have read this answer. 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) (SIGNATURE OF DEFENDANT)

Date:

(TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT)

Date:

(TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT)

Rev. January 1, 2026 Answer—Unlawful Detainer UD-105, Page 4 of 4

POS-030 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

TELEPHONE NO.: FAX NO. (Optional):
EMAIL ADDRESS:

ATTORNEY FOR (Name): SUPERIORSUPERIORCOURTCOURTOFOFCALIFORNIA,CALIFORNIA,COUNTYCOUNTYOF OF SAN DIEGO CENTRALSTREET ADDRESS:DIVISION, HALL OF JUSTICE, 330 W. BROADWAY, SAN DIEGO, CA 92101

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

CASE NUMBER:

PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL

(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 Judicial Council of California Optional Use PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL Code of Civil Procedure,www.courtinfo.ca.gov§§ 1013, 1013a 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)

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