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Sample trial brief for California eviction

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This sample trial brief for a California unlawful detainer (eviction) case is used by a defendant who wants the Court to consider their affirmative defenses at the trial. The sample on which this preview is based is 11 pages and contains brief instructions, fifteen (15) affirmative defenses that include citations to case law and statutory authority and a proof of service by mail. The sample can be modified for use by any California tenant.

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Sample trial brief for California eviction

  1. 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Attorney or Party Any Street Any Town, CA 55555 714-555-5555 Any Attorney or Party Superior Court of the State of California For the County of _________________ Any Plaintiff, Plaintiff, vs. Any Defendant, and DOES 1-5 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Case No. DEFENDANT’S TRIAL BRIEF TRIAL DATE: TIME: DEPT: To subscribe to my FREE California weekly legal newsletter visit http://www.legaldocspro.net/newsletter.htm and enter your e-mail address. Be sure to remove this notice and all other notices before using this document. To view sample document packages for sale by LegalDocsPro visit http://www.legaldocspro.com/downloads.aspx - 1 - DEFENDANT’S TRIAL BRIEF
  2. 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO PLAINTIFF, ____________________________ AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Defendant, (“Defendant”) herein submits their Trial Brief for use at the trial of the above-entitled action. I. STATEMENT OF CASE This case arises from an alleged breach of lease for the real property located at __________, (“Subject Property”) entered into between Defendant, ____________ (“Defendant”) and Plaintiff, ______________________________________ (“Plaintiff”). Plaintiff, is alleging that Defendant breached a lease agreement for the Subject Property. Defendant denies the allegations of Plaintiff and asserts numerous affirmative defenses including breach of warranty of habitability of premises, constructive eviction. Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation. II. PLAINTIFF’S CONTENTIONS Plaintiff contends that Defendant breached the lease agreement regarding the Subject Property causing Plaintiff to suffer damages. Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation. - 2 - DEFENDANT’S TRIAL BRIEF
  3. 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III. DEFENDANT’S CONTENTIONS Defendant denies the allegations of Plaintiff that they breached any lease agreement regarding the Subject Property. Defendant asserts the affirmative defenses of ALL AFFIRMATIVE DEFENSES WHICH YOU INTEND TO USE AT THE TRIAL SHOULD BE LISTED BELOW ALONG WITH FACTS AND EVIDENCE THAT SUPPORT YOUR DEFENSES. ADD EXHIBITS IF YOU HAVE TO. IF YOU DO NOT USE AN AFFIRMATIVE DEFENSE THAT IS LISTED BELOW REMOVE IT. MODIFY THE PARAGRAPHS BELOW TO FIT YOUR PARTICULAR SITUATION. DO NOT JUST USE THE WORDING HERE UNLESS IT APPLIES TO YOU. To view or purchase the sample document on which this preview is based visit: http://www.scribd.com/doc/172922331/Sample-Trial-Brief-for- California-Unlawful-Detainer-Eviction - 3 - DEFENDANT’S TRIAL BRIEF

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