UD-101- Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations – Unlawful Detainer
The document titled “UD-101 – Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations—Unlawful Detainer” is a mandatory legal form adopted by the Judicial Council of California for use in unlawful detainer proceedings under the Code of Civil Procedure, § 1179.01 et seq. It is designed for plaintiffs (landlords) to file and serve alongside the summons in cases seeking to regain possession of a property due to unlawful detention by a defendant (tenant). The form requires detailed information about the parties involved (plaintiff and defendant), the case, and the nature of the property (residential or commercial).
The UD-101 form covers various allegations and compliance requirements, including whether the action is based on non-payment of rent or other charges, and specifics about the property in question. It requires plaintiffs to disclose if the action seeks possession of real property and to verify whether any rental assistance or financial compensation has been received or is pending for the amount demanded. Detailed sections require information on the service of notices under the COVID-19 Tenant Relief Act and the response to such notices, including declarations of COVID-19–related financial distress by the defendant.
For actions based on non-payment of rent during specific periods, the form instructs plaintiffs to provide evidence of compliance with state mandates regarding notices, rental assistance declarations, and financial obligations due. Plaintiffs must also verify if they have received or applied for rental assistance corresponding to the demanded amounts.
This UD-101 serves not only as a cover sheet but also as a comprehensive tool to ensure that plaintiffs in unlawful detainer actions provide all necessary allegations and verifications required by law. It emphasizes the legal requirements for landlords to seek eviction or possession orders, ensuring due process and compliance with tenant protection laws.
Filling out the UD-101 form involves providing comprehensive details about the plaintiff, defendant, and the circumstances surrounding the unlawful detainer action. Here is a step-by-step guide to assist you:
Court Information and Case Number
- FOR COURT USE ONLY: Leave this section blank as it is for official court use.
- CASE NUMBER: Enter the case number if already assigned.
Attorney or Party Without Attorney
Fill in your details if you are representing yourself or your attorney’s information if you have legal representation.
- State Bar Number: For attorneys only.
- Name, Firm Name, Street Address, City, State, Zip Code, Telephone No., Fax No., Email Address: Provide all requested contact information.
- Attorney for (name): Specify whom the attorney represents, if applicable.
Superior Court of California, County Of
Fill in the court details where the action is filed, including street and mailing addresses, city and zip code, and branch name.
Plaintiff and Defendant Information
- PLAINTIFF: Name the individual(s) or entity initiating the lawsuit.
- DEFENDANT: Name the individual(s) or entity being sued.
Supplemental Allegations
Follow the instructions to fill in each section relevant to your case. Specific items might not need completion based on your case type (residential vs. commercial).
Item 2: Statutory Cover Sheet Allegations
a: Indicate whether the property is Residential or Commercial.
b: State whether the action is based on non-payment of rent or other charges.
Items 4-10: Details on the Property, Tenants, and Notices
- Provide detailed information regarding the tenants, the type of property, notices served, and any responses received. This includes whether the action is related to COVID-19 financial distress, the provision and receipt of specific notices, and whether the defendant is considered a high-income tenant.
Items 11-12: Rental Assistance Statements
- Answer yes or no regarding receipt of rental assistance, pending applications for rental assistance, and any other financial compensation related to the tenancy and the demands made in the complaint.
Item 13: Other Allegations
- If you have additional allegations that were not covered by the form’s previous sections, list them here.
Verification
The plaintiff (or their attorney, if applicable) must sign and date the form, declaring under penalty of perjury that the statements made in the document are true and correct.
- Signature
Ensure the form is signed and dated in the appropriate sections at the end of the document.
General Tips
- Read Carefully: Each section provides instructions specific to the type of action you are filing. Make sure to read each part carefully to determine if it applies to your case.
- Accuracy is Key: Provide accurate and truthful information. Falsifying information can result in penalties.
- Attachments: If additional space is needed or if other documents need to be attached as per the form’s instructions, ensure these are included when filing.
- Consult Legal Advice: If you are unsure about any part of the form or your case, it might be beneficial to seek legal advice.
This guide aims to provide a general overview of completing the UD-101 form. Remember, legal forms and procedures can be complex, and it may be beneficial to consult with a legal professional or a tenant advocacy group if you have questions specific to your situation.