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How exactly to name a particular paragraph of Cal CCP 1166?


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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 the
person 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, state
the amount of rent in default.
(5) State specifically the method used to serve the defendant with
the notice or notices of termination upon which the complaint is
based. This requirement may be satisfied by using and completing all
items relating to service of the notice or notices in an appropriate
Judicial Council form complaint, or by attaching a proof of service
of 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 or
forcible or unlawful detainer, and claim damages therefor.
© In an action regarding residential real property based on
Section 1161a, the plaintiff shall state in the caption of the
complaint "Action based on Code of Civil Procedure Section 1161a."
(d) (1) In an action regarding residential property, the plaintiff
shall attach to the complaint the following:
(A) A copy of the notice or notices of termination served on the
defendant upon which the complaint is based.
(B ) A copy of any written lease or rental agreement regarding the
premises. Any addenda or attachments to the lease or written
agreement that form the basis of the complaint shall also be
attached. The documents required by this subparagraph are not
required to be attached if the complaint alleges any of the
following:
(i) The lease or rental agreement is oral.
(ii) A written lease or rental agreement regarding the premises is
not in the possession of the landlord or any agent or employee of
the landlord.
(iii) An action based solely on subdivision (2) of Section 1161.
(2) If the plaintiff fails to attach the documents required by
this subdivision, the court shall grant leave to amend the complaint
for a five-day period in order to include the required attachments.
(e) Upon filing the complaint, a summons shall be issued thereon.

 

 

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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 the
premises. Any addenda or attachments to the lease or written
agreement that form the basis of the complaint shall also be
attached. The documents required by this subparagraph are not
required to be attached if the complaint alleges any of the
following:

 

 

 

Thanks

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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 the

person 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, state

the amount of rent in default.

(5) State specifically the method used to serve the defendant with

the notice or notices of termination upon which the complaint is

based. This requirement may be satisfied by using and completing all

items relating to service of the notice or notices in an appropriate

Judicial Council form complaint, or by attaching a proof of service

of 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 or

forcible or unlawful detainer, and claim damages therefor.

© In an action regarding residential real property based on

Section 1161a, the plaintiff shall state in the caption of the

complaint "Action based on Code of Civil Procedure Section 1161a."

(d) (1) In an action regarding residential property, the plaintiff

shall attach to the complaint the following:

(A) A copy of the notice or notices of termination served on the

defendant upon which the complaint is based.

(B ) A copy of any written lease or rental agreement regarding the

premises. Any addenda or attachments to the lease or written

agreement that form the basis of the complaint shall also be

attached. The documents required by this subparagraph are not

required to be attached if the complaint alleges any of the

following:

(i) The lease or rental agreement is oral.

(ii) A written lease or rental agreement regarding the premises is

not in the possession of the landlord or any agent or employee of

the landlord.

(iii) An action based solely on subdivision (2) of Section 1161.

(2) If the plaintiff fails to attach the documents required by

this subdivision, the court shall grant leave to amend the complaint

for 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 the

premises. Any addenda or attachments to the lease or written

agreement that form the basis of the complaint shall also be

attached. The documents required by this subparagraph are not

required to be attached if the complaint alleges any of the

following:

 

 

 

Thanks

It goes like this:

 

'(B ) A copy of any written lease or rental agreement regarding the

premises. Any addenda or attachments to the lease or written

agreement that form the basis of the complaint shall also be

attached. The documents required by this subparagraph are not

required to be attached if the complaint alleges any of the

following:

(i) The lease or rental agreement is oral.

(ii) A written lease or rental agreement regarding the premises is

not in the possession of the landlord or any agent or employee of

the landlord.

(iii) An action based solely on subdivision (2) of Section 1161.' Code Civ. Proc. section  1166(d)(1)(B )

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