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Sample Request For Statement of Decision in California Eviction

This sample request for statement of decision in a California eviction case is used when a party wants the Court to issue a statement of decision for all the contested issues at a trial or hearing. The request is made pursuant to Code of Civil Procedure section 632 . The sample on which this preview is based is 25 pages and includes a sample request with 18 contested issues as well as a proposal as to content of the statement of decision, brief instructions and a proof of service by mail. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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Stan Burman
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0% found this document useful (0 votes)
2K views3 pages

Sample Request For Statement of Decision in California Eviction

This sample request for statement of decision in a California eviction case is used when a party wants the Court to issue a statement of decision for all the contested issues at a trial or hearing. The request is made pursuant to Code of Civil Procedure section 632 . The sample on which this preview is based is 25 pages and includes a sample request with 18 contested issues as well as a proposal as to content of the statement of decision, brief instructions and a proof of service by mail. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.

Uploaded by

Stan Burman
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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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 _________________

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11 Any Plaintiff, ) Case No.


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12 Plaintiff, )
REQUEST FOR STATEMENT OF DECISION
)
13 vs. )
)
14 Any Defendant, and DOES 1-5 )
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15 Defendants. )
)
16 )
)
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To subscribe to my FREE weekly legal newsletter visit
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20 http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail


21
address.
22

23 To view sample document packages sold by LegalDocsPro


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visit: http://www.legaldocspro.net
25

26 To view and purchase my California eviction document collection


27

28 containing over 30 sample documents and selling at a huge discount

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1 visit http://legaldocspro.net/california-eviction-litigation-document-
2 package/
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Be sure to remove this notice and all other notices before using
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5 this document.
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NAME AND CAPACITY OF PARTY REQUESTING STATEMENT OF DECISION,
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who appeared at the trial of the above-entitled action, hereby requests that the court issue a statement

9 of decision explaining the factual and legal bases for its decision regarding the following

10 controverted issues:
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1. LIST HERE THE CONTROVERTD ISSUE SUCH AS whether or not the
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complaint fails to state a cause of action for unlawful detainer on the grounds that the defective three-
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day notice served on Defendant and attached to the complaint will not support an unlawful detainer
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15 action as it fails to state a cause of action for unlawful detainer as it USE THE FIRST EXAMPLE

16 BELOW IF THE THREE-DAY IS A NOTICE TO PAY RENT OR QUIT THAT IS


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DEFECTIVE IN SOME WAY
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does not contain the information required by Code of Civil Procedure § 1161(2), and that the three-
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day notice overstates the amount of rent due as it requests a late charge of $___, thus it is fatally
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21 defective and will not support an unlawful detainer action.

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


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PERFORM COVENANT OR QUIT THAT IS DEFECTIVE IN SOME WAY
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the three-day notice does not contain the information required by Code of Civil Procedure §
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1161[c](3) as it fails to describe with specificity the particular conditions or covenants alleged to have
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27 been violated, thus it is fatally defective and will not support an unlawful detainer action.

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1 Remember that you MUST include the controverted issues that
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you want included in the statement of decision, and you MUST request
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the statement of decision within 10 days after the court announces a
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6 tentative decision or, if the trial lasts less than one calendar day, or less
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than eight hours over a period of more than one day, before submission
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9 of the matter for decision. See Code of Civil Procedure Section 632.
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To purchase the entire 25 page document visit:
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https://legaldocspro.myshopify.com/products/request-for-statement-of-
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