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Form Interrogatories-Unlawful Detainer DISC-003 UD-106 - California
| Form Interrogatories-Unlawful Detainer Form. This is a California form and can be used in Discovery Judicial Council . |
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DISC-003/UD-106 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): UNLAWFUL DETAINER ASSISTANT (Check one box): An unlawful detainer assistant did did not for compensation give advice or assistance with this form. (If one did, state the following): ASSISTANT'S NAME: ADDRESS: ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF: TEL. NO.: COUNTY OF REGISTRATION: SHORT TITLE: REGISTRATION NO.: EXPIRES (DATE): FORM INTERROGATORIES--UNLAWFUL DETAINER Asking Party: Answering Party: Set No.: Sec. 1. Instructions to All Parties (a) These are general instructions. For time limitations, requirements for service on other parties, and other details, see Code of Civil Procedure sections 2030.010-2030.410 and the cases construing those sections. (b) These interrogatories do not change existing law relating to interrogatories nor do they affect an answering party's right to assert any privilege or objection. Sec. 2. Instructions to the Asking Party (a) These interrogatories are designed for optional use in unlawful detainer proceedings. (b) There are restrictions that generally limit the number of interrogatories that may be asked and the form and use of the interrogatories. For details, read Code of Civil Procedure sections 2030.0302030.070. (c) In determining whether to use these or any interrogatories, you should be aware that abuse can be punished by sanctions, including fines and attorney fees. See Code of Civil Procedure section 128.7. (d) Check the box next to each interrogatory that you want the answering party to answer. Use care in choosing those interrogatories that are applicable to the case. (e) Additional interrogatories may be attached. Sec. 3. Instructions to the Answering Party (a) An answer or other appropriate response must be given to each interrogatory checked by the asking party. Failure to respond to these interrogatories properly can be punished by sanctions, including contempt proceedings, fine, attorneys fees, and the loss of your case. See Code of Civil Procedure sections 128.7 and 2030.300. (b) As a general rule, within five days after you are served with these interrogatories, you must serve your responses on the asking party and serve copies of your responses on all other parties to the action who have appeared. See Code of Civil Procedure sections 2030.2602030.270 for details. Form Approved for Optional Use Judicial Council of California DISC-003/UD-106 [Rev. January 1, 2009] CASE NUMBER: (c) Each answer must be as complete and straightforward as the information reasonably available to you permits. If an interrogatory cannot be answered completely, answer it to the extent possible. (d) If you do not have enough personal knowledge to fully answer an interrogatory, say so, but make a reasonable and good faith effort to get the information by asking other persons or organizations, unless the information is equally available to the asking party. (e) Whenever an interrogatory may be answered by referring to a document, the document may be attached as an exhibit to the response and referred to in the response. If the document has more than one page, refer to the page and section where the answer to the interrogatory can be found. (f) Whenever an address and telephone number for the same person are requested in more than one interrogatory, you are required to furnish them in answering only the first interrogatory asking for that information. (g) Your answers to these interrogatories must be verified, dated, and signed. You may wish to use the following form at the end of your answers: I declare under penalty of perjury under the laws of the State of California that the foregoing answers are true and correct. (DATE) (SIGNATURE) Sec. 4. Definitions Words in BOLDFACE CAPITALS in these interrogatories are defined as follows: (a) PERSON includes a natural person, firm, association, organization, partnership, business, trust, corporation, or public entity. (b) PLAINTIFF includes any PERSON who seeks recovery of the RENTAL UNIT whether acting as an individual or on someone else's behalf and includes all such PERSONS if more than one. Page 1 of 7 Code of Civil Procedure, §§ 2030.010-2030.410, 2033.710 www.courtinfo.ca.gov American LegalNet, Inc. www.FormsWorkflow.com FORM INTERROGATORIESUNLAWFUL DETAINER (c) LANDLORD includes any PERSON who offered the RENTAL UNIT for rent and any PERSON on whose behalf the RENTAL UNIT was offered for rent and their successors in interest. LANDLORD includes all PERSONS who managed the PROPERTY while defendant was in possession. (d) RENTAL UNIT is the premises PLAINTIFF seeks to recover. (e) PROPERTY is the building or parcel (including common areas) of which the RENTAL UNIT is a part. (For example, if PLAINTIFF is seeking to recover possession of apartment number 12 of a 20-unit building, the building is the PROPERTY and apartment 12 is the RENTAL UNIT. If PLAINTIFF seeks possession of cottage number 3 in a fivecottage court or complex, the court or complex is the PROPERTY and cottage 3 is the RENTAL UNIT.) (f) DOCUMENT means a writing, as defined in Evidence Code section 250, and includes the original or a copy of handwriting, typewriting, printing, photostating, photographing, electronically stored information, and every other means of recording upon any tangible thing and form of communicating or representation, including letters, words, pictures, sounds, or symbols, or combinations of them. (g) NOTICE TO QUIT includes the original or copy of any notice mentioned in Code of Civil Procedure section 1161 or Civil Code section 1946, including a 3-day notice to pay rent and quit the RENTAL UNIT, a 3-day notice to perform conditions or covenants or quit, a 3-day notice to quit, and a 30-day notice of termination. (h) ADDRESS means the street address, including the city, state, and zip code. Sec. 5. Interrogatories The following interrogatories have been approved by the Judicial Council under section 2033.710 of the Code of Civil Procedure for use in unlawful detainer proceedings: CONTENTS 70.0 General 71.0 Notice 72.0 Service 73.0 Malicious Holding Over 74.0 Rent Control and Eviction Control 75.0 Breach of Warranty to Provide Habitable Premises 76.0 Waiver, Change, Withdrawal, or Cancellation of Notice to Quit 77.0 Retaliation and Arbitrary Discrimination 78.0 Nonperformance of the Rental Agreement by Landlord 79.0 Offer of Rent by Defendant 80.0 Deduction from Rent for Necessary Repairs 81.0 Fair Market Renta
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