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Using a form interrogator in the case of a California illegal action (banishment) is the topic of this article.
The formal hearing officer for the expulsion case in California is the form of the Judicial Council UD - 106, also known as DISC - 003. This form is issued for use by the California Court as an option.
This form is 7 pages long and is very useful as it has a check box that covers most of the situation that happens when you leave California. They are particularly useful for defending tenants because they can get a lot of useful information in a minimum amount of time.
For a California tenant, the box to consider for checking is as follows.
In both cases boxes 70.1 and 70.14.
If we insist that there are some defects in the three day notice from paragraphs 71.1 to 71.9,
Box 72.2 if you insist that you did not receive 3 days notice.
If the landlord claims you are malicious, box 73.3.
Boxes 74.1 to 74.6 are limited to leasing in cities where lease management or withdrawal laws are applied.
Boxes 75.1, 75.2. 75.4, 75.5. 75.6, 75.7, 75.8 when insisting that landlord violated the assurance of concession's comfort.
Box 76.2: If you insist that the landlord abandoned, cancel the notice of abandonment, change, withdrawal or cancellation.
In case of paragraph 77.1, the landlord claims to be retaliation or arbitrary discrimination.
Boxes 78.1 and 78.2 if insisting that the landlord did not fulfill the terms of the lease agreement.
Box 79.0 If you offer to landlord to pay the rent before the 3-day notice period expires,
Boxes 80.4 and 80.5 if you are claiming a deduction from the rent for the repair of the unit, also known as a remedy for 'repair and deduction'.
See Box 81.1 and 81.3. In cases where it is claimed that the fair market lease value stated in the complaint due to the problem of habitability is incorrect.
Form UD-106 can be downloaded in PDF format from the California Courts website at http://www.courts.ca.gov/formnumber.htm.
Depending on the particular situation, other boxes can also be checked. Once the form is completed, the copy should be provided to the landlord unless there is a lawyer or lawyer for the landlord. Proof of service must be included. In most cases, the form will not be submitted to the court. The other party will answer within 5 days if sent by you personally, within 10 days if sent by e-mail.
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Best regards,
Stan Berman
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