1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

10

11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) DEFENDANTS TRIAL BRIEF
)
13 vs. )
) TRIAL DATE:
14 Any Defendant, and DOES 1-5 ) TIME:
) DEPT:
15 Defendants. )
)
16 )
)
17

18
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23 To view and purchase my California eviction document collection

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containing over 30 sample documents including this sample trial brief
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- 1 -
DEFENDANTS TRIAL BRIEF
 1 Be sure to remove this notice and all other notices before
2

3
using this document.
4 TO PLAINTIFF, ____________________________ AND THEIR ATTORNEYS OF
5
RECORD:
6
PLEASE TAKE NOTICE that Defendant, (Defendant) herein submits their Trial Brief for
7

8
use at the trial of the above-entitled action.

9 I.

10 STATEMENT OF CASE
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This case arises from an alleged breach of lease for the real property located at __________,
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(Subject Property) entered into between Defendant, ____________ (Defendant) and Plaintiff,
13
______________________________________ (Plaintiff).
14

15 Plaintiff, is alleging that Defendant breached a lease agreement for the Subject Property.

16 Defendant denies the allegations of the complaint and asserts numerous affirmative defenses
17
such as LIST HERE THE AFFIRMATIVE DEFENSES THAT YOU ASSERTED IN YOUR
18
ANSWER.
19

20 Be sure to modify these paragraphs to suit your individual

21
situation. Do NOT just use the wording here unless it definitely applies
22

23 to your particular situation.

24
///
25
///
26

27 ///

28 ///

- 2 -
DEFENDANTS TRIAL BRIEF
 1 II.
2 PLAINTIFFS CONTENTIONS
3
Plaintiff contends that Defendant breached the lease agreement regarding the Subject Property
4
causing Plaintiff to suffer damages.
5

6 Be sure to modify these paragraphs to suit your individual

7
situation. Do NOT just use the wording here unless it definitely applies
8

9 to your particular situation.

10
III.
11
DEFENDANTS CONTENTIONS
12

13 Defendant denies the allegations of Plaintiff that they breached any lease agreement regarding

14 the Subject Property.

15
Defendant asserts the affirmative defenses of ALL AFFIRMATIVE DEFENSES WHICH
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YOU INTEND TO USE AT THE TRIAL SHOULD BE LISTED BELOW ALONG WITH
17
FACTS AND EVIDENCE THAT SUPPORT YOUR DEFENSES. ADD EXHIBITS IF YOU
18

19 HAVE TO. IF YOU DO NOT USE AN AFFIRMATIVE DEFENSE THAT IS LISTED BELOW

20 REMOVE IT. MODIFY THE PARAGRAPHS BELOW TO FIT YOUR PARTICULAR

21
SITUATION. DO NOT JUST USE THE WORDING HERE UNLESS IT APPLIES TO YOU.
22
FIRST AFFIRMATIVE DEFENSE
23
As a First and Separate Affirmative Defense to the complaint this answering defendant alleges
24

25 that the complaint fails to state a cause of action for unlawful detainer on the grounds that the

26 defective three-day notice served on Defendant and attached to the complaint will not support an
27
unlawful detainer action as it fails to state a cause of action for unlawful detainer as it
28

- 3 -
DEFENDANTS TRIAL BRIEF
 1 USE THE FIRST EXAMPLE BELOW IF THE THREE-DAY IS A NOTICE TO PAY RENT
2 OR QUIT THAT IS DEFECTIVE IN SOME WAY
3
does not contain the information required by Code of Civil Procedure 1161(2), and that the three-
4
day notice overstates the amount of rent due as it requests a late charge of $___, thus it is fatally
5

6
defective and will not support an unlawful detainer action.

7 USE THE SECOND EXAMPLE BELOW IF THE THREE-DAY IS A NOTICE TO

8 PERFORM COVENANT OR QUIT THAT IS DEFECTIVE IN SOME WAY

9
the three-day notice does not contain the information required by Code of Civil Procedure 1161[c]
10
(3) as it fails to describe with specificity the particular conditions or covenants alleged to have been
11
violated, thus it is fatally defective and will not support an unlawful detainer action.
12

13 To purchase the entire 13 page document visit:

14

15
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16
california-unlawful-detainer-eviction
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- 4 -
DEFENDANTS TRIAL BRIEF