Learnin Posted June 8, 2013 Report Share Posted June 8, 2013 Here is the complete text of California Code Of Civil Procedure section 1166: 1166. (a) The complaint shall:(1) Be verified and include the typed or printed name of theperson verifying the complaint.(2) Set forth the facts on which the plaintiff seeks to recover.(3) Describe the premises with reasonable certainty.(4) If the action is based on paragraph (2) of Section 1161, statethe amount of rent in default.(5) State specifically the method used to serve the defendant withthe notice or notices of termination upon which the complaint isbased. This requirement may be satisfied by using and completing allitems relating to service of the notice or notices in an appropriateJudicial Council form complaint, or by attaching a proof of serviceof the notice or notices of termination served on the defendant.(b )The complaint may set forth any circumstances of fraud, force,or violence that may have accompanied the alleged forcible entry orforcible or unlawful detainer, and claim damages therefor.© In an action regarding residential real property based onSection 1161a, the plaintiff shall state in the caption of thecomplaint "Action based on Code of Civil Procedure Section 1161a."(d) (1) In an action regarding residential property, the plaintiffshall attach to the complaint the following:(A) A copy of the notice or notices of termination served on thedefendant upon which the complaint is based.(B ) A copy of any written lease or rental agreement regarding thepremises. Any addenda or attachments to the lease or writtenagreement that form the basis of the complaint shall also beattached. The documents required by this subparagraph are notrequired to be attached if the complaint alleges any of thefollowing:(i) The lease or rental agreement is oral.(ii) A written lease or rental agreement regarding the premises isnot in the possession of the landlord or any agent or employee ofthe landlord.(iii) An action based solely on subdivision (2) of Section 1161.(2) If the plaintiff fails to attach the documents required bythis subdivision, the court shall grant leave to amend the complaintfor a five-day period in order to include the required attachments.(e) Upon filing the complaint, a summons shall be issued thereon. ----- In a California Unlawful Detainer action, the Plaintiff did not attach the rental/lease agreement as required by CCP 1166. How do I correctly name/identify the below section? 1166(d)(1)(B ) ? (B ) A copy of any written lease or rental agreement regarding thepremises. Any addenda or attachments to the lease or writtenagreement that form the basis of the complaint shall also beattached. The documents required by this subparagraph are notrequired to be attached if the complaint alleges any of thefollowing: Thanks Link to comment Share on other sites More sharing options...
Seadragon Posted June 9, 2013 Report Share Posted June 9, 2013 Here is the complete text of California Code Of Civil Procedure section 1166: 1166. (a) The complaint shall:(1) Be verified and include the typed or printed name of theperson verifying the complaint.(2) Set forth the facts on which the plaintiff seeks to recover.(3) Describe the premises with reasonable certainty.(4) If the action is based on paragraph (2) of Section 1161, statethe amount of rent in default.(5) State specifically the method used to serve the defendant withthe notice or notices of termination upon which the complaint isbased. This requirement may be satisfied by using and completing allitems relating to service of the notice or notices in an appropriateJudicial Council form complaint, or by attaching a proof of serviceof the notice or notices of termination served on the defendant.(b )The complaint may set forth any circumstances of fraud, force,or violence that may have accompanied the alleged forcible entry orforcible or unlawful detainer, and claim damages therefor.© In an action regarding residential real property based onSection 1161a, the plaintiff shall state in the caption of thecomplaint "Action based on Code of Civil Procedure Section 1161a."(d) (1) In an action regarding residential property, the plaintiffshall attach to the complaint the following:(A) A copy of the notice or notices of termination served on thedefendant upon which the complaint is based.(B ) A copy of any written lease or rental agreement regarding thepremises. Any addenda or attachments to the lease or writtenagreement that form the basis of the complaint shall also beattached. The documents required by this subparagraph are notrequired to be attached if the complaint alleges any of thefollowing:(i) The lease or rental agreement is oral.(ii) A written lease or rental agreement regarding the premises isnot in the possession of the landlord or any agent or employee ofthe landlord.(iii) An action based solely on subdivision (2) of Section 1161.(2) If the plaintiff fails to attach the documents required bythis subdivision, the court shall grant leave to amend the complaintfor a five-day period in order to include the required attachments.(e) Upon filing the complaint, a summons shall be issued thereon. ----- In a California Unlawful Detainer action, the Plaintiff did not attach the rental/lease agreement as required by CCP 1166. How do I correctly name/identify the below section? 1166(d)(1)(B ) ? (B ) A copy of any written lease or rental agreement regarding thepremises. Any addenda or attachments to the lease or writtenagreement that form the basis of the complaint shall also beattached. The documents required by this subparagraph are notrequired to be attached if the complaint alleges any of thefollowing: ThanksIt goes like this: '(B ) A copy of any written lease or rental agreement regarding thepremises. Any addenda or attachments to the lease or writtenagreement that form the basis of the complaint shall also beattached. The documents required by this subparagraph are notrequired to be attached if the complaint alleges any of thefollowing:(i) The lease or rental agreement is oral.(ii) A written lease or rental agreement regarding the premises isnot in the possession of the landlord or any agent or employee ofthe landlord.(iii) An action based solely on subdivision (2) of Section 1161.' Code Civ. Proc. section 1166(d)(1)(B ) Link to comment Share on other sites More sharing options...
Learnin Posted June 9, 2013 Author Report Share Posted June 9, 2013 Great, thanks. Link to comment Share on other sites More sharing options...
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