onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

California Code of Civil Procedure Section 1166

Legal Research Home > California Laws > Code of Civil Procedure > 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.
   (c) 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.

Section: Previous  1161a  1161b  1161c  1162  1162a  1164  1165  1166  1166a  1167  1167.3  1167.4  1167.5  1169  1170  Next

Last modified: March 17, 2014