DISC003-UD106 – Form Interrogatories Unlawful Detainer – California Courts
The document titled “DISC003 – UD106 – Form Interrogatories Unlawful Detainer – California Courts” is a legal form used in the context of unlawful detainer proceedings in California. This comprehensive form is designed for either party in an unlawful detainer (eviction) case to gather information from the other party through a series of detailed questions, known as interrogatories. The form begins with sections for identifying the unlawful detainer assistant (if any), the attorney or party without an attorney, including their name, state bar number, and address, and details of the Superior Court of California handling the case, including the county, case number, and short title.
The form includes general instructions on how the interrogatories should be used, emphasizing adherence to the Code of Civil Procedure section 2030.010 and section 2030.410, along with instructions specific to the asking party and the answering party. These sections stress the importance of providing complete and straightforward answers, the option to attach documents as exhibits, and the requirement for verification, dating, and signing the answers. In addition to the number of interrogatories permitted by Sections 2030.030 and 2030.040, a party may propound a supplemental interrogatory to elicit any later acquired information bearing on all answers previously made by any party in response to interrogatories under the Code of Civil Procedure section 2030.070.
Significant portions of the form are dedicated to specific sets of interrogatories concerning various aspects of the unlawful detainer process. These include questions about the property and the rental unit involved, the plaintiff’s ownership or control over the property, conditions and repairs of the property, notices served, rent payments, and any issues of retaliation or discrimination. Each question is designed to elicit detailed information relevant to the eviction case, including the identification of people, documents, and other evidence that supports each party’s claims or defenses.
Finally, the document concludes with prompts for additional information and emphasizes the necessity for privacy and security by instructing users to clear the form after printing to prevent unauthorized access to entered information.
Filling out the “DISC003- UD106 form requires careful attention to detail and a thorough understanding of the case at hand. Below is a step-by-step guide to assist you in completing this form accurately:
Page 1
Section for Unlawful Detainer Assistant
- Check the appropriate box if an unlawful detainer assistant did or did not for compensation give advice or assistance with this form.
Attorney or Party Without Attorney
- Name, State Bar number, and address: Fill in your attorney’s name, their State Bar number (if applicable), and their address. If you are representing yourself, provide your information.
- Attorney For (Name): If you are represented by an attorney, enter your name here. If you are representing yourself, leave it blank.
Superior Court of California, County of
- Fill in the county name where the case is being filed.
- No.: Enter the telephone number of the filing party or their attorney.
- Short Title: Provide the case’s short title, typically the names of the plaintiff vs. defendant.
- County of Registration, Registration No., Expires (Date): These fields are for the use of a registered unlawful detainer assistant if applicable.
Case Number
- Form Interrogatories—Unlawful Detainer: Enter the case number provided by the court.
Answering Party and Set No.
- Fill in the name of the party answering these interrogatories and the set number if there are multiple sets.
Sections 1 to 4: Instructions and Definitions
- Read through these sections carefully as they provide detailed instructions on how to respond to the interrogatories, the obligations of both the asking and answering parties, and definitions of terms used in the form.
Page 2 and Onward: Interrogatories
General Instructions for Answering Interrogatories
- Answering Party: You need to provide detailed, truthful answers to each interrogatory. If you cannot answer completely, do so to the extent possible.
Specific Sections (70.0 to 81.0)
- These sections contain specific questions related to the unlawful detainer proceedings. They cover topics such as general information about the plaintiff and the rental unit, notices, service, rent control, and the condition of the premises.
- Answer each question thoroughly, providing all requested details such as names, addresses, dates, and explanations. If a question asks for documents, include copies with your responses, referencing the documents in your answers.
Verification
- At the end of your responses, you must sign and date the form, declaring under penalty of perjury under the laws of the State of California that your answers are true and correct.
Final Steps
- Review your answers to ensure accuracy and completeness.
- Make a copy of the completed form for your records.
- File the form with the court and serve it on the other party in accordance with the court’s rules.
Remember:
- This form is a legal document, and your responses can significantly impact your case. Consider consulting with an attorney if you have any questions or need legal advice.
Security Note
- After printing the form for filing, click the “Clear This Form” button to protect your privacy and prevent unauthorized access to your information.
Disclaimer: This guide is provided for informational purposes only and is not intended as legal advice. You should consult the Residential Tenancies Act or a legal professional.