Los Angeles local civil form — Instructions (LASC LACIV 038)

Source: https://lascpubstorage.blob.core.windows.net/forms/Forms%20Comprehensive%20List/LASC%20LACIV%20038.pdf

INSTRUCTIONS F OR C O M P L E T I N G

ANSWER -UNLAWFUL DETAINER

SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES LIMITED CIVIL JURISDICTION

INSTRUCTIONS FOR COMPLETING

ANSWER -UNLAWFUL DETAINER

Follow the directions and complete the form. Take the completed form to the Filing Counter and pay required filing fee.

Each letter (i.e., A, B, C, etc.) is directly related to the necessary form information.

The clerk cannot give legal advice-you must consult an attorney for legal advice.

AIf you do not have an attorney, print your name, address and telephone number and
print “Pro Per” next to “Attorney'' for (Name).

If you have an attorney, have the attorney complete and file your answer.

B Leave this space blank.

C Print the name and address of the courthouse where you are filing your case.

DThe Landlord or his Authorized Agent is the PLAINTIFF Print the Plaintiff's name
aint.

EIf you are the named party whom the landlord is seeking to evict, then you are the
DEFENDANT. Print YOUR name. You must be a defendant named in the
complaint. If not, consult with an attorney or contact Legal Aid for advice.

F Print the case number from your copy of the Summons in this space.

ATTORNEY OR PARTY W I THOUT ATTORNEY (Name a nd d d re s s ): T ELEPH E N O .: FOR COURT USE O NLY

A B

ATTORNEY FOR (Na e):

NAM E O F CO U T : STREET ADD RES : LEAVE

MAILIN G A DDRESS C CITY AND ZIP CO E: BLANK BRANCH NA E : PLAINTIFF: D DEFENDANT:

CASE NU MB R :
ANSWER - Unlawful Detainer F

Print your name and the name of any other defendant who is filing G 1 this answer with you.

Read and place a check mark in either 2a or 2b. If you check 2b, G 2 print the paragraph numbers from the complaint in either (1) or (2)

G that you are denying. For items 3a through 3i, you may check as many items that apply to G 3 your case. For each item checked, you need to explain in your own words your defenses in item 3j.

Read and place a check mark in any items that apply to your case
G 4 and fill in the requested information. If they do not apply, leave blank.

1. Defendant (names):

answers the complaint as follows:

2. Check ONLY ONE of the next two boxes:
a. Defendant generally denies each statement of the complaint. (Do not check this box if the complaint demands more

G 2 ___ than $1,000). b. Defendant admits that all of the statements of the complaint are true EXCEPT (1) Defendant claims the following statements of the complaint are false (use paragraph numbers from the complaint o r explain):

Continued on Attachment 2b(1). (2) Defendant has no Information or belief that the following statements of the complaint are true, so defendant denies

them (use paragraph numbers from the complaint or explain):

Continued on Attachment 2b(2).

3. AFFIRMATIVE DEFENSES (NOTE: For each box checked, you must state brief facts to support if in the space provided at the top of page two (item 3j),) a. (nonpayment of rent only) Plaintiff has breached the warranty to provide habitable premises. G 3 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. Plaintiff waived, changed, or canceled the notice to quit. e. Plaintiff served defendant with the notice to quit or filed the complaint to retaliate against defendant. f. By serving defendant the notice to quit or filing the complaint, plaintiff is arbitrarily discriminating against the ___defendant in violation of the Constitution or laws of the United States or California. g. 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): i. Other affirmative defenses are stated in item 3j. PLAINTIFF (Name): CASE NUMBER: DEFENDANT 3. AFFIRMATIVE DEFENSES (cont'd)

G 3 j. Facts supporting affirmative defenses checked above ( identify each item separately by its letter from page one):

(1) All the facts are slated in Attachment 3j. (2) Facts are continued in Attachment 3j.
4. OTHER STATEMENTS G4 a. Defendant vacated the premises on ( date):
b. The fair rental value of the premises alleged In the complaint is excessive (explain):

c. Other (specify):

In the event that you become the winning party in Court, you may G5 check box 5c if you want to be reimbursed for any money you spent to pay for attorney fees on this case (your written contract must have provision for attorney fees). You may also check box 5d if you want the court to order the plaintiff G6 to repair/correct the condition of the premises and reduce the monthlyG rent to a reasonable amount until repair/correction is made. If you have some other requests not covered above, check 5e and G7 explain in this space; be specific as possible. Fill in the number of pages attached together as your answer in this G8 space. Check the applicable box if an unlawful detainer assistant "did not" or G 9 "did" assist with this form or give you legal advice for payment. If you check the did box, you must complete items 7a-e. Each defendant who is filing must date, print his/her name, and sign the Answer andH Verification. If you are filing for you (beginyour spouse, only one of you needs to sign.

5. DEFENDANTREQUESTS
a. that plaintiff take nothing requested in the complaint.
b. costs incurred In this proceeding.G5 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 provideG6 habitable premises and (2) reduce the monthly rent to a reasonable rental value until the conditions are corrected

G 7 e. other (specify):

G 8 6. --- Number of pages attached (specify):

UNLAWFULDETAINER ASSISTANT (Business and Professions Code sections 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):

G 9 c.a. Assistant’sStreet address,name: City, and Zip: b. Telephone No.:

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

SIGN

H (TYPE OR P NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY)

SIGN

(TYPE OR P NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY) (Each defendant for whom this answer is filed must be named in item 1 and must sign this answer unless his or her attorney signs.)

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:

H SIGN ___________________ (T Y P E O R P RI N T N A M E ) ________________ (SIGNATURE OF DEFENDANT)________________________ 982,1(95) Rav, January 1, 1997 ANSWER - Unlawful Detainer Page Two

N O T I C E

This Judicial Council form includes many of the defenses commonly used in unlawful detainer cases. Answering defendants are not precluded from drafting their own responses in compliance with the California Rul es of Court, rule 201.

Defendants are required by law to serve a copy of their answer on the plaintiff or the plaintiff’s attorney. A Declaration of Mailing must be filed with your answer You may serve your answer personall y or by mail. (See Instructions for Completing Declaration of Mailing.) Code of Civil Procedure sections 465 and 1014

Demandados la ley requiere que usted le entregue una copia de su respuesta de su demanda al demandante o al abogado del demandante. Debe de archivar, junto con su respuesta, un certificado de prueba de la entrega de su respuesta. Usted puede mandar a alguien que entregue el documento personaimente o mandarlo por correo. Code of Civil Procedure sections 465 and 1014