Sample Trial Brief For California Unlawful Detainer (Eviction)
Uploaded by
Stan BurmanSample Trial Brief For California Unlawful Detainer (Eviction)
Uploaded by
Stan Burman1 Any Attorney or Party
Any Street
2 Any Town, CA 55555
3 714-555-5555
4 Any Attorney or Party
8 Superior Court of the State of California
9 For the County of _________________
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11 Any Plaintiff, ) Case No.
)
12 Plaintiff, ) DEFENDANTS TRIAL BRIEF
)
13 vs. )
) TRIAL DATE:
14 Any Defendant, and DOES 1-5 ) TIME:
) DEPT:
15 Defendants. )
)
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)
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address.
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23 To view and purchase my California eviction document collection
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containing over 30 sample documents including this sample trial brief
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26 selling at a huge discount visit
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28 http://legaldocspro.net/california-eviction-litigation-document-package/
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DEFENDANTS TRIAL BRIEF
1 Be sure to remove this notice and all other notices before
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using this document.
4 TO PLAINTIFF, ____________________________ AND THEIR ATTORNEYS OF
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RECORD:
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PLEASE TAKE NOTICE that Defendant, (Defendant) herein submits their Trial Brief for
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use at the trial of the above-entitled action.
9 I.
10 STATEMENT OF CASE
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This case arises from an alleged breach of lease for the real property located at __________,
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(Subject Property) entered into between Defendant, ____________ (Defendant) and Plaintiff,
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______________________________________ (Plaintiff).
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15 Plaintiff, is alleging that Defendant breached a lease agreement for the Subject Property.
16 Defendant denies the allegations of the complaint and asserts numerous affirmative defenses
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such as LIST HERE THE AFFIRMATIVE DEFENSES THAT YOU ASSERTED IN YOUR
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ANSWER.
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20 Be sure to modify these paragraphs to suit your individual
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situation. Do NOT just use the wording here unless it definitely applies
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23 to your particular situation.
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///
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///
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27 ///
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DEFENDANTS TRIAL BRIEF
1 II.
2 PLAINTIFFS CONTENTIONS
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Plaintiff contends that Defendant breached the lease agreement regarding the Subject Property
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causing Plaintiff to suffer damages.
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6 Be sure to modify these paragraphs to suit your individual
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situation. Do NOT just use the wording here unless it definitely applies
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9 to your particular situation.
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III.
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DEFENDANTS CONTENTIONS
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13 Defendant denies the allegations of Plaintiff that they breached any lease agreement regarding
14 the Subject Property.
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Defendant asserts the affirmative defenses of ALL AFFIRMATIVE DEFENSES WHICH
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YOU INTEND TO USE AT THE TRIAL SHOULD BE LISTED BELOW ALONG WITH
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FACTS AND EVIDENCE THAT SUPPORT YOUR DEFENSES. ADD EXHIBITS IF YOU
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19 HAVE TO. IF YOU DO NOT USE AN AFFIRMATIVE DEFENSE THAT IS LISTED BELOW
20 REMOVE IT. MODIFY THE PARAGRAPHS BELOW TO FIT YOUR PARTICULAR
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SITUATION. DO NOT JUST USE THE WORDING HERE UNLESS IT APPLIES TO YOU.
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FIRST AFFIRMATIVE DEFENSE
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As a First and Separate Affirmative Defense to the complaint this answering defendant alleges
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25 that the complaint fails to state a cause of action for unlawful detainer on the grounds that the
26 defective three-day notice served on Defendant and attached to the complaint will not support an
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unlawful detainer action as it fails to state a cause of action for unlawful detainer as it
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DEFENDANTS TRIAL BRIEF
1 USE THE FIRST EXAMPLE BELOW IF THE THREE-DAY IS A NOTICE TO PAY RENT
2 OR QUIT THAT IS DEFECTIVE IN SOME WAY
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does not contain the information required by Code of Civil Procedure 1161(2), and that the three-
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day notice overstates the amount of rent due as it requests a late charge of $___, thus it is fatally
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defective and will not support an unlawful detainer action.
7 USE THE SECOND EXAMPLE BELOW IF THE THREE-DAY IS A NOTICE TO
8 PERFORM COVENANT OR QUIT THAT IS DEFECTIVE IN SOME WAY
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the three-day notice does not contain the information required by Code of Civil Procedure 1161[c]
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(3) as it fails to describe with specificity the particular conditions or covenants alleged to have been
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violated, thus it is fatally defective and will not support an unlawful detainer action.
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13 To purchase the entire 13 page document visit:
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https://legaldocspro.myshopify.com/products/sample-trial-brief-for-
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california-unlawful-detainer-eviction
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DEFENDANTS TRIAL BRIEF