UD-116 – Declaration for Default Judgment by Court – California Courts

The document “UD-116 Declaration for Default Judgment by Court” form, utilized within the Judicial Council of California for cases involving unlawful detainer under Code of Civil Procedure, § 585(d). This form is used when a property owner, manager, or their agent seeks a court-issued default judgment against a tenant based on the tenant’s failure to comply with a notice to quit (e.g., for non-payment of rent or violation of lease terms).

Attachments and exhibits are required to support claims made in the form, including copies of the rental agreement, notices given to tenants, and proofs of service. This form plays a crucial role in the judicial process by streamlining the presentation of facts necessary for a judge to render a default judgment in cases of tenant eviction.

Here is a step-by-step guide on how to fill out the UD-116 form, Default Judgment California, used for unlawful detainer actions in California. This form is crucial for requesting a default judgment from the court when a tenant has not responded to a previously served notice.

Step-by-Step Guide to Filling Out UD-116

Part 1: General Information

• Case Number: Enter the case number as assigned by the court.
• Attorney or Party Without Attorney: Provide the name, state bar number (if applicable), and address of the attorney or the party representing themselves. Include telephone and optional fax and email addresses.
• Attorney For (Name): If represented, enter the name of the attorney’s client.
• Superior Court of California, County of: Enter the name of the county where the case is filed, along with the street, mailing addresses, city, zip code, and branch name.

Part 2: Plaintiff and Defendant Information

• Plaintiff (Name): Enter the name of the landlord or property manager filing the suit.
• Defendant (Name): Enter the name of the tenant being sued.

Part 3: Declaration Details

• Introduction: Identify yourself (e.g., owner, agent) and affirm your personal knowledge of the case.
• Property Details: Specify the location of the property involved in the dispute.
• Agreement Details:
  • Type of Agreement (Written/Oral): Specify and provide the date the agreement was made.
  • Details of the Agreement: Include terms regarding the tenancy type, rent amount, frequency, and due dates.
  • Changes to Agreement: If there have been changes (e.g., rent amount), provide details and attach necessary documentation as exhibits.

Part 4: Notices and Service

• Notices Served: List all notices served to the defendant (e.g., 3-day notice to pay or quit). Specify amounts and dates related to the notices.
• Service of Notice: Detail how notices were served (personal, substituted, posting and mailing).
• Proof of Service: Attach proof of service for each notice issued.

Part 5: Judicial Requests

• Possession and Financial Claims:

1. • Possession: State whether the defendant has vacated or still occupies the property.
   • Financial Damages: Itemize past-due rent, holdover damages, attorney fees, and court costs. Provide the total amount of judgment being requested.
   • Attachments: Attach any relevant agreements, notices, and proofs of service as exhibits, clearly labeled.

Part 6: Signature

• Declaration: Sign the declaration under penalty of perjury, affirming that all information provided is true and correct. Date and print your name below the signature.

Attachments and Exhibits

• Make sure all attached documents are correctly labeled as per the form’s requirements (e.g., Exhibit 4b for the original rental agreement).

Final Steps

• Review all entered information for accuracy and completeness.
• File the completed form with the appropriate court along with any filing fees required.
• Retain a copy of the form and all attachments for your records.

This comprehensive guide ensures that you fill out the UD-116 form correctly to facilitate a smooth judicial process for obtaining a default judgment in an unlawful detainer case.