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Blank California Fi 128 Form

The California Fi 128 form is a set of interrogatories specifically designed for unlawful detainer proceedings, which are legal actions to recover possession of rental property. This form provides structured questions that parties involved in such cases can use to gather relevant information from each other. By following the instructions outlined in the form, individuals can ensure compliance with procedural requirements while addressing their legal concerns.

Outline

The California Fi 128 form plays a crucial role in unlawful detainer proceedings, which are legal actions landlords take to evict tenants. This form includes various sections that guide both the asking party and the answering party through the process of submitting and responding to interrogatories. It requires essential information such as the names and addresses of involved parties, details about the rental unit in question, and the nature of the case. The form also outlines specific instructions for how to properly fill it out, including deadlines for responses and the importance of verifying answers. Notably, the Fi 128 includes definitions for key terms like "landlord," "rental unit," and "document," ensuring clarity in communication. Additionally, it provides a structured set of interrogatories that can be used to gather pertinent information, helping both parties to present their cases effectively. Understanding this form is vital for anyone involved in unlawful detainer actions, as it sets the stage for legal proceedings and can significantly impact the outcome of the case.

Sample - California Fi 128 Form

tories, you should be aware that abuse can be punished by

sanctions, including

fines and attorney fees. See Code of Civil

Procedure sections 128.5 and 128.7.

These are general instructions.

For time limitations,

requirements for service on other parties, and other details,

see Code of Civil Procedure section 2030 and the cases

construing it.

UNLAWFUL DETAINER ASSISTANT

TEL. NO.:

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address):

did did not for compensation give advice or

assistance with this form. (If one did, state the following):

ASSISTANT'S NAME:

ADDRESS:

ATTORNEY FOR (Name):

NAME OF COURT AND JUDICIAL DISTRICT AND BRANCH COURT, IF ANY:

SHORT TITLE OF CASE:

TEL. NO.:

COUNTY OF REGISTRATION:

REGISTRATION NO.:

EXPIRES (DATE):

FORM INTERROGATORIES — UNLAWFUL DETAINER

CASE NUMBER:

Answering Party:

Set No.:

as the information reasonably available to you permits. If an

interrogatory cannot be answered completely, answer it to the

extent possible.

Sec. 1. Instructions to All Parties

(d) If you do not have enough personal knowledge to fully

answer an interrogatory, say so, but make a reasonable and

good faith effort to get the information by asking other persons

or organizations, unless the information is equally available to

the asking party.

These interrogatories do not change existing law relating

to interrogatories nor do they affect an answering party's right

to assert any privilege or objection.

(e) Whenever an interrogatory may be answered by

refer

ring to a document, the document may be attached as an

exhibit to the response and referred to in the response. If the

document has more than one page, refer to the page and

section where the answer to the interrogatory can be found.

Sec. 2. Instructions to the Asking Party

(a) These interrogatories are designed for optional use in

unlawful detainer proceedings.

(b) There are restrictions that generally limit the number of

interrogatories that may be asked and the form and

use of the

interrogatories. For details, read Code of Civil Procedure

section 2030(c).

(f) Whenever an address and telephone number for the

same person are requested in more than one interrogatory, you

are required to furnish them in answering only the first

interrogatory asking for that information.

(g) Your answers to these interrogatories must be veri

fied,

dated, and signed. You may wish to use the following form

the end of your answers:

''I declare under penalty of perjury under the laws of the

State of California that the foregoing answers are true and

correct.

(d) Check the box next to each interrogatory that you want

the answering party to answer. Use care in choosing those

interrogatories that are applicable to the case.

(e) Additional interrogatories may be attached.

(DATE)

(SIGNATURE)

Sec. 3. Instructions to the Answering Party

(a) An answer or other appropriate response must be

given to each interrogatory checked by the asking party.

Failure to respond to these interrogatories properly can be

punished by sanctions, including contempt proceedings, fine,

attorneys fees, and the loss of your case. See Code of Civil

Procedure sections 128.5, 128.7, and 2030.

Sec. 4. Definitions

Words in BOLDFACE CAPITALS

in these interrogatories

are defined as follows:

(a) PERSON

includes a natural person, firm, association,

organization, partnership, business, trust, corporation, or public

entity.

(b) As a general rule, within five days after you are served

with these interrogatories, you must serve your responses on

the asking party and serve copies of your responses on all

other parties to the action who have appeared. See Code Of

Civil Procedure section 2030 for details.

(b) PLAINTIFF includes any PERSON

who seeks recovery

of the RENTAL UNIT

whether acting as an individual or on

someone's behalf and includes all such PERSONS

if more than

one.

(Continued)

Page 1 of 7

Form Approved by the

Judicial Council of California

Fl-128 [Rev. July 1, 1987]

[Page 1 revised July 1, 1996]

CCP 2030, 2033.5

FORM INTERROGATORIES

UNLAWFUL DETAINER

(Check one box): An unlawful detainer assistant

Asking Party:

(a)

(b)

WEST GROUP

Official Publisher

who offered the

RENTAL UNIT for rent and any PERSON

on whose behalf the

RENTAL UNIT

was offered for rent and their successors in

interest. LANDLORD includes all PERSONS

who managed the

PROPERTY while defendant was in possession.

70.2 Is PLAINTIFF an owner of the RENTAL UNIT

? If so,

state:

(a) the nature and percentage of ownership interest;

(b) the date PLAINTIFF first acquired this ownership

interest.

(d) RENTAL UNIT is the premises PLAINTIFF

seeks to

recover.

70.3 Does PLAINTIFF

share ownership or lack

ownership? If so, state the name, the ADDRESS

, and the

nature and percentage of ownership interest of each

owner.

(e) PROPERTY

is the building or parcel (including common

areas) of which the RENTAL UNIT

is a part. (For example, if

PLAINTIFF

is seeking to recover possession of apartment

number 12 of a 20-unit building, the building is the

PROPERTY

and apartment 12 is the RENTAL UNIT. If PLAINTIFF

seeks

possession of cottage number 3 in a five-cottage court or

complex, the court or complex is the PROPERTY

and cottage 3

is the RENTAL UNIT.)

70.4 Does PLAINTIFF

claim the right to possession other

than as an owner of the RENTAL UNIT

? If so, state the

basis of the claim.

70.5 Has PLAINTIFF'S interest in the RENTAL

UNIT

changed since acquisition? If so, state the nature and

dates of each change.

(f) DOCUMENT

means a writing, as defined in Evidence

Code section 250, and includes the original or a copy of

handwriting, typewriting, printing, photostating, photographing,

and every other means of recording upon any tangible thing

and form of communicating or representation, including letters,

words, pictures, sounds, or symbols, or combinations of them.

70.6 Are there other rental units on the PROPERTY

? If

so, state how many.

70.7 During the 12 months before this proceeding was

filed, did PLAINTIFF

possess a permit or certificate of

occupancy for the RENTAL UNIT? If so, for each state:

(a) the name and ADDRESS of each PERSON named

(g) NOTICE TO QUIT

includes the original or copy of any

notice mentioned in Code of Civil Procedure section 1161

Civil Code section 1946, including a 3-day notice to pay rent

and quit the RENTAL UNIT

, a 3-day notice to perform

conditions or covenants or quit, a 3-day notice to quit, and a

30-day notice of termination.

(b) the dates of issuance and expiration;

70.8 Has a last month's rent, security deposit, cleaning

fee, rental agency fee, credit check fee, key deposit, or

any other deposit been paid on the RENTAL UNIT

? If so,

for each item state:

(h) ADDRESS

means the street address, including the city,

state, and zip code.

the purpose of the payment;

the date paid;

Sec. 5. Interrogatories

the amount;

The following interrogatories have been approved by the

Judicial Council under section 2033.5 of the Code of Civil

Procedure for use in unlawful detainer proceedings:

the form of payment;

the name of the PERSON paying;

(the name of the PERSON to whom it was paid;

CONTENTS

(any DOCUMENT

which evidences payment and the

name, ADDRESS

, and telephone number of each

PERSON who has the DOCUMENT;

70.0 General

71.0 Notice

any adjustments or deductions including facts.

72.0 Service

73.0 Malicious Holding Over

70.9 State the date defendant first took possession of

the

RENTAL UNIT.

75.0 Breach of Warranty to Provide Habitable

Premises

70.10 State the date and all the terms of any rental

agreement between defendant and the PERSON

who

rented to defendant.

76.0 Waiver, Change, Withdrawal, or Cancellation of Notice

to Quit

77.0 Retaliation and Arbitrary Discrimination

70.11 For each agreement alleged in the pleadings:

78.0 Nonperformance of the Rental Agreement by Landlord

79.0 Offer of Rent by Defendant

identify all DOCUMENTS

that are part of the

agreement and for each state the name, ADDRESS

and telephone number of each PERSON

who has the

DOCUMENT;

80.0 Deduction from Rent for Necessary Repairs

81.0 Fair Market Rental Value

70.0 General

[Either party may ask any applicable question in this section.]

70.1 State the name, ADDRESS

, telephone number, and

relationship to you of each PERSON

who prepared or

assisted in the preparation of the responses to these

interrogatories. (Do not identify anyone who simply typed

or reproduced the responses.)

identify all DOCUMENTS that are part of each

modification to the agreement, and for each state

Page 2 of 7

(Continued)

Fl-128 [Rev. July 1, 1987]

74.0 Rent Control and Eviction Control

the permit or certificate;

state each part of the agreement not in writing, the

name ADDRESS

, and telephone number of each

PERSON

agreeing to that provision, and the date that

part of the agreement was made;

identify all DOCUMENTS

that evidence each part of

the agreement not in writing and for each state the

name, ADDRESS

, and telephone number of each

PERSON who has the DOCUMENT;

(a)

(b)

(c)

(d)

WEST GROUP

Official Publisher

(g)

(a)

(b)

(c)

(d)

(e)

(f)

(h)

(g)

the name, ADDRESS

, and telephone number of each

PERSON who has the DOCUMENT (see also § 71.5);

state the names, ADDRESSES

, and telephone

numbers of all PERSONS

who have knowledge of the

facts;

state each modification not in writing, the date, and the

name, ADDRESS

, and telephone number of the

PERSON

agreeing to the modification, and the date the

modification was made (see also § 71.5);

identify all DOCUMENTS

that support the facts and

state the name, ADDRESS

, and telephone number of

each PERSON who has each DOCUMENT.

71.3 List all rent payments and rent credits made or claimed

by or on behalf of defendant beginning 12 months before

the NOTICE TO QUIT

was served. For each payment or

credit state:

identify all DOCUMENTS

that evidence each modifica-

tion of the agreement not in writing and for each state

the name, ADDRESS

, and telephone number of each

PERSON who has the DOCUMENT (see also § 71.5).

the amount;

the date received;

the form in which any payment was made;70.12 Has any PERSON acting on the PLAINTIFF'S

behalf

been responsible for any aspect of managing or

maintaining the RENTAL UNIT or PROPERTY

? If so, for

each PERSON state:

the services performed or other basis for which a

credit is

the period covered;

the name, ADDRESS, and telephone number;

the name of each PERSON making the payment or earning

the dates the PERSON

managed or maintained the

RENTAL UNIT or PROPERTY;

the identity of all DOCUMENTS

evidencing the payment

or credit and for each state the name, ADDRESS

, and

telephone number of each PERSON

who has the

DOCUMENT.

70.13 For each PERSON

who occupies any part of the

RENTAL UNIT

(except occupants named in the complaint

and occupants' children under 17) state:

71.4 Did defendant ever fail to pay the rent on time?

If so,

for each late payment state:

(a) the name, ADDRESS, telephone number, and birthdate;

(a) the date;

(b) the amount of any late charge;

(b) the inclusive dates of occupancy;

the identity of all DOCUMENTS

recording the payment

and for each state the name, ADDRESS

, and telephone

number of each PERSON who has the DOCUMENT.

(d) the amount paid, the term for which it was paid, and the

(e) the nature of the use of the RENTAL UNIT;

71.5 Since the beginning of defendant's t

enancy, has

PLAINTIFF

ever raised the rent? If so, for each rent

increase state:

(f) the name, ADDRESS, and telephone number of the p

er-

(a) the date the increase became effective;

(g) how occupancy was authorized, including failure of the

(b) the amount;

(d) how and when defendant was notified of the increase;

70.14 Have you or anyone acting on your behalf obtained

any DOCUMENT

concerning the tenancy between any

occupant of the RENTAL UNIT and any PERSON

with an

ownership interest or managerial responsibility for the

RENTAL UNIT? If so, for each DOCUMENT state:

[See also section 70.11(d)–(f).]

the name, ADDRESS

, and telephone number of each

individual from whom the DOCUMENT was obtained;

71.6 During the 12 months before the

NOTICE TO QUIT

was served was there a period during which there was no

permit or certificate of occupancy for the RENTAL UNIT

? If

so, for each period state:

(a) the inclusive dates;

(b) the reasons.

the name, ADDRESS, and telephone number of

each

individual who obtained the DOCUMENT;

the name, ADDRESS

, and telephone number of each

PERSON who has the DOCUMENT (original or copy).

71.7 Has any PERSON

ever reported any nuisance or

disturbance at or destruction of the RENTAL UNIT

PROPERTY

caused by defendant or other occupant of the

RENTAL UNIT or their guests? If so, for each report state;

71.0 Notice

[If a defense is based on allegations that the 3-day notice or

30-day NOTICE TO QUIT is

defective in form or content,

then either party may ask any applicable question in this

section.]

a description of the disturbance or destruction;

the date of the report;

the name of the PERSON who reported;

the name of the PERSON to whom the report was made;

71.1 Was the NOTICE TO QUIT on which PLAINTIFF

bases this proceeding attached to the complaint? If not,

state the contents of this notice.

what action was taken as a result of the report;

(f)

71.2 State all reasons that the NOTICE TO QUIT

was

served and for each reason:

the identity of all DOCUMENTS

evidencing the report

and for each state the name, ADDRESS

, and telephone

number of each PERSON who has each DOCUMENT.

(a) state all facts supporting PLAINTIFF'S decision to

terminate defendant's tenancy;

(Continued)

Page 3 of 7

Fl-128 [Rev. July 1, 1987]

(e)

(f)

person to whom it was paid;

son who authorized occupancy;

LANDLORD or PLAINTIFF

to protest after discovering

the occupancy.

(a)

(b)

(d)

(b)

(c)

claimed;

the credit;

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(c)

the identity of all DOCUMENTS

evidencing the increase

and for each state the name, ADDRESS

, and telephone

number of each PERSON who has the DOCUMENT.

(e)

WEST GROUP

Official Publisher

(d)

(c)

(b)

(a)

(e)

(b)

(c)

the PERSON'S responsibilities.

(a)

73.0 Malicious Holding Over

71.8 Does the complaint allege violation of a term of a

rental agreement or lease (other than nonpayment of rent)?

If so, for each covenant:

[If a defendant denies allegations that defendant's continued

possession is malicious, then either party may ask any

applicable question in this section. Additional questions in

section 75.0 may also be applicable.]

(a) identify the covenant breached;

(b) state the facts supporting the allegation of a breach;

(c)

state the names, ADDRESSES

, and telephone numbers

of all PERSONS who have knowledge of the facts;

(d)

identify all DOCUMENTS

that support the facts and

state the name, ADDRESS

, and telephone number of

each PERSON who has each DOCUMENT.

73.2 Has defendant made any attempts to secure other

premises since the service of the NOTICE TO QUIT

since the service of the summons and complaint? If so,

for each attempt:

71.9 Does the complaint allege that the defendant has

been using the RENTAL UNIT

for an illegal purpose? If so,

for each purpose:

identify the illegal purpose;

state the names, ADDRESSES

, and telephone

numbers of all PERSONS

who have knowledge of

the facts;

(b)

(c)

identify all DOCUMENTS

that support the facts and

state the name, ADDRESS

, and telephone number

of each PERSON who has each DOCUMENT.

state the names, ADDRESSES

, and telephone numbers

of all PERSONS who have knowledge of the facts;

(d)

73.3 State the facts upon which PLAINTIFF

bases the

allegation of malice.

identify all DOCUMENTS

that support the facts and

state the name, ADDRESS

, and telephone number of

each PERSON who has each DOCUMENT.

[Additional interrogatories on this subject may be found in

sections 75.0, 78.0, 79.0, and 80.0.]

74.1 Is there an ordinance or other local law in this

jurisdiction which limits the right to evict tenants? If your

answer is no, you need not answer sections 74.2 through

74.6.

72.0 Service

[If a defense is based on allegations that the

NOTICE TO QUIT

was defectively served,

then either party may ask any

applicable question in this section.]

74.2 For the ordinance or other local law limiting the

right to evict tenants, state:

(a) the title or number of the law;

(b) the locality.

74.3 Do you contend that the RENTAL UNIT

is exempt

from the eviction provisions of the ordinance or other

local law identified in section 74.2? If so, state the facts

upon which you base your contention.

72.2 Does PLAINTIFF contend that the NOTICE TO

QUIT

referred to in the complaint was served? If so, state:

74.4 Is this proceeding based on allegations of a need to

recover the RENTAL UNIT for use of the LANDLORD

the landlord's relative? If so, for each intended occupant

state:

(a) the kind of notice;

(b) the date and time of service;

(a) the name;

the residence ADDRESSES

from three years ago to

the present;

(d) the name and ADDRESS of the person who served it:

the relationship to the LANDLORD;

all the intended occupant's reasons for occupancy;

a description of any DOCUMENT

or conversation

between defendant and the person who served the

notice.

72.3 Did any person receive the NOTICE TO QUIT

referred

to in the complaint? If so, for each copy of each notice

state:

74.5 Is the proceeding based on an allegation that the

LANDLORD wishes to remove the RENTAL UNIT

from

residential use temporarily or permanently (for example,

to rehabilitate, demolish, renovate, or convert)? If so,

state:

all rental units on the PROPERTY

that were vacated

within 60 days before and after the date the

NOTICE

TO QUIT was served.

(a) the name of the person who received it;

(b) the kind of notice;

(d) the date received;

each reason for removing the RENTAL UNIT

from

residential use;

(e) where it was delivered;

what physical changes and renovation will be made to

the RENTAL UNIT;

the identity of all DOCUMENTS

evidencing the notice

and for each state the name, ADDRESS

, and telephone

number of each PERSON who has the DOCUMENT.

the date the work is to begin and end;

the number, date, and type of each permit for the

change or work;

(Continued)

Page 4 of 7

Fl-128 [Rev. July 1, 1987]

state the facts supporting the allegations of illegal use;

72.1 Does defendant contend (or base a defense or make

any allegations) that the NOTICE TO QUIT

was defectively

served? If the answer is "no," do not answer interrogatories

72.2 through 72.3.

(e)

(f)

73.1 If any rent called for by the rental agreement is

unpaid, state the reasons and the facts upon which the

reasons are based.

state all facts indicating the attempt to secure other

premises;

(a)

(b)

(c)

74.0 Rent Control and Eviction Control

(b)

(c)

(d)

(e)

(a)

(b)

(d)

WEST GROUP

Official Publisher

(c)

(a)

the response made to the notice;

the identity of each DOCUMENT

evidencing the

intended activity (for example, blueprints, plans,

applications for financing, construction contracts) and

the name, ADDRESS

, and telephone number of each

PERSON who has each DOCUMENT.

whether the PERSON

who gave notice was an

occupant of the PROPERTY

at the time of the

complaint.

75.4 During the period beginning 36 months before the

NOTICE TO QUIT

was served to the present, was the

RENTAL UNIT or PROPERTY

(including other rental

units) inspected for dilapidations or defective conditions

by a representative of any governmental agency? If so,

for each inspection state:

74.6 Is the proceeding based on any ground other than

those stated in sections 74.4 and 74.5? If so, for each:

state each fact supporting or opposing the ground;

state the names, ADDRESSES

, and telephone numbers

of all PERSONS who have knowledge of the facts;

the date;

the reason;

identify all DOCUMENTS

evidencing the facts and state

the name, ADDRESS

, and telephone number of each

PERSON who has each DOCUMENT.

the name, ADDRESS

, and telephone number of

each inspector;

75.0 Breach of Warranty to Provide Habitable Premises

the name of the governmental agency;

[If plaintiff alleges nonpayment of rent and defendant bases his

defense on allegations of implied or express breach of warranty

to provide habitable residential premises, then either party may

ask any applicable question in this section.]

the identity of each DOCUMEN

T evidencing each

inspection and the name, ADDRESS

, and telephone

number of each PERSON who has it.

75.5 During the period beginning 36 months before the

NOTICE TO QUIT

was served to the present, did

PLAINTIFF or LANDLORD

receive a notice or other

communication regarding the condition of the RENTAL

UNIT or PROPERTY

(including other rental units) from

a governmental agency? If so, for each notice or

communication state:

75.1 Do you know of any conditions in violation of state or

local building codes, housing codes, or health codes,

conditions of dilapidation, or other conditions in need of

repair in the RENTAL UNIT or on the PROPERTY

that

affected the RENTAL UNIT

at any time defendant has been

in possession? If so, state:

(a) the type of condition;

the date received;

the identity of all parties;

(b) the kind if corrections or repairs needed;

the substance of the notice or communication;

(d) how these conditions were caused;

the name, ADDRESS

, and telephone number of each

PERSON who has caused these conditions.

75.6 Was there any corrective action taken in response

to the inspection or notice or communication identified in

sections 75.4 and 75.5? If so, for each:

75.2 Have any corrections, repairs, or improvements been

made to the RENTAL UNIT since the RENTAL UNIT

was

rented to defendant? If so, for each correction, repair, or

improvement state:

identify the notice or communication;

identify the condition;

(a) a description giving the nature and location;

describe the corrective action;

(b) the date;

(d)

(c)

identify of each DOCUMENT

evidencing the

corrective action and the name, ADDRESS

, and

telephone number of each PERSON who has it.

(d) the cost;

the identity of any DOCUMENT evidencing the

repairs or

improvements;

75.7 Has the PROPERTY

been appraised for sale or loan

during the period beginning 36 months before the

NOTICE TO QUIT

was served to the present? If so, for

each appraisal state:

if a building permit was issued, state the issuing agencies

and the permit number of your copy.

the date;

the name, ADDRESS

, and telephone number of the

appraisal

75.3 Did defendant or any other PERSON

during 36 months

before the NOTICE TO QUIT

was served or during

defendant's possession of the RENTAL UNIT

notify the

LANDLORD

or his agent or employee about the condition of

the RENTAL UNIT or PROPERTY

? If so, for each written or

oral notice state:

the purpose of the appraisal;

the identity of each DOCUMENT

evidencing the

appraisal and the name, ADDRESS

, and telephone

number of each PERSON who has it.

75.8 Was any condition requiring repair or correction at

the PROPERTY or RENTAL UNIT

caused by

defendant or other occupant of the RENTAL UNIT

their guests? If so, state:

the substance;

when and how it was made;

the name and ADDRESS of each PERSON

to whom it

was made;

(a) the type and location of condition;

(b) the kind of corrections or repairs needed;

the name and ADDRESS

of each person who knows

about it;

the identity of each DOCUMENT

evidencing the and the

name, ADDRESS

, and telephone number of each

PERSON who has it;

(Continued)

Page 5 of 7

Fl-128 [Rev. July 1, 1987]

(e)

(a)

(b)

(c)

(e)

the name, ADDRESS

, and telephone number of each

PERSON who made the repairs or improvements;

(e)

(f)

(a)

who made it;

(b)

(c)

(d)

(e)

(f)

(g)

the efforts made to correct the conditions;

(h)

(i)

(a)

(b)

(c)

(d)

(e)

(a)

(b)

(c)

the identity of each DOCUMENT

evidencing the

notice or communication and the name, ADDRESS

and telephone number of each PERSON

who has

it.

(d)

(a)

(b)

(c)

(a)

(b)

(c)

(d)

how and when these conditions were caused;

the name, ADDRESS

, and telephone number of

each PERSON who caused these conditions;

(d)

(e)

WEST GROUP

Official Publisher

[If a defense is based on an offer of rent by a defendant

which was refused, then either party may ask any applicable

question in this section.]

(a)

when it was made;

whether it was written or oral;

the identity of each DOCUMENT

evidencing the repair

(or correction) and the name, ADDRESS

, and telephone

number of each PERSON who has it.

(d) by whom and to whom;

(e)

[See also section 71.0 for additional questions.]

the name and ADDRESS of each person who knows

about it;

(f)

76.0 Waiver, Change, Withdrawal, or Cancellation of Notice

to Quit

whether all promised repairs, alterations, or

improvements were completed or services provided;

(g) the reasons for any failure to perform;

[If a defense is based on waiver, change, withdrawal, or

cancellation of the NOTICE TO QUIT,

then either party may ask

any applicable question in this section.]

(h)

the identity of each DOCUMENT

evidencing the

agreement or promise and the name, ADDRESS

, and

telephone number of each PERSON who has it.

76.1 Did the PLAINTIFF or LANDLORD

or anyone acting on

his or her behalf do anything which is alleged to have been a

waiver, change, withdrawal, or cancellation of the

NOTICE

TO QUIT? If so:

78.2 Has PLAINTIFF or LANDLORD

or any resident of

the PROPERTY

ever committed disturbances or

interfered with the quiet enjoyment of the RENTAL UNIT

(including, for example, noise, acts which threaten the

loss of title to the property or loss of financing, etc.)? If so,

for each disturbance or interference, state:

state the facts supporting this allegation;

state the names, ADDRESSES

, and telephone numbers

of all PERSONS who have knowledge of these facts;

(a) a description of each act;

(c)

identify each DOCUMENT

that supports the fact sand

state the name, ADDRESS

, and telephone number of

each PERSON who has it.

the name, ADDRESS

, and telephone number of each

PERSON who acted;

(d)

the name, ADDRESS

, and telephone number of each

PERSON who witnessed each act and any

DOC-

UMENTS evidencing the person's knowledge;

76.2 Did the PLAINTIFF or LANDLORD

accept rent which

covered a period after the date for vacating the

RENTAL

UNIT as specified in the NOTICE TO QUIT? If so:

(e)

what action was taken by the PLAINTIFF or

LAND-

LORD to end or lessen the disturbance or interference.

state the facts;

(b)

79.0 Offer of Rent by Defendant

state the names, ADDRESSES

, and telephone numbers

of all PERSONS who have knowledge of the facts;

(c)

identify each DOCUMENT

that supports the facts and

state the name, ADDRESS

, and telephone number of

each PERSON who has it.

77.0 Retaliation and Arbitrary Discrimination

79.1 Has defendant or anyone acting on the defendant's

behalf offered any payments to PLAINTIFF

which

PLAINTIFF refused to accept? If so, for each offer state:

[If a defense is based on retaliation or arbitrary discrimination,

then either party may ask any applicable question in this

section.]

the amount;

the date;

purpose of offer;

the manner of the offer;

77.1 State all reasons that the NOTICE TO QUIT

was served

or that defendant's tenancy was not renewed and for each

reason:

the identity of the person making the offer;

the identity of the person refusing the offer;

the date of the refusal;

the reasons for the refusal.

state all facts supporting PLAINTIFF'S

decision to

terminate or not renew defendant's tenancy;

(b)

state the names, ADDRESSES

, and telephone numbers

of all PERSONS who have knowledge of the facts;

80.0 Deduction from Rent for Necessary Repairs

[If a defense to payment of rent or damages is based on claim

of retaliatory eviction, then either party may ask any

applicable question in this section. Additional questions in

section 75.0 may also be applicable.]

(c)

identify all DOCUMENTS

that support the facts and state

the name, ADDRESS

, and telephone number of each

PERSON who has it.

78.0 Nonperformance of the Rental Agreement by Landlord

80.1 Does defendant claim to have deducted from rent

any amount which was withheld to make repairs after

communication to the LANDLORD

of the need for the

repairs? If the answer is "no," do not answer

interrogatories 80.2 through 80.6.

[If a defense is based on nonperformance of the rental

agreement by the LANDLORD

or someone acting on the

LANDLORD'S behalf, then either party may ask any ap

plicable

question in this section.]

80.2 For each condition in need of repair for which a

deduction was made, state:

78.1 Did the LANDLORD

or anyone acting on the

LANDLORD'S

behalf agree to make repairs, alterations, or

improvements at any time or provide services to the

PROPERTY or RENTAL UNIT

? If so, for each agreement

state:

the nature of the condition;

the location;

the date the condition was discovered by defendant;

the date the condition was first known by LANDLORD

or PLAINTIFF;

(a) the substance of the agreement;

(Continued) Page 6 of 7

Fl-128 [Rev. July 1, 1987]

(b)

(a)

(b)

(c)

(b) the date of each act;

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(a)

(b)

(c)

(d)

(f)

WEST GROUP

Official Publisher

(e)

81.0 Fair Market Rental Value

the dates and methods of each notice to the

LANDLORD or PLAINTIFF of the condition;

[If defendant denies PLAINTIFF

allegation on the fair market

rental value of the RENTAL UNIT,

then either party may ask

any applicable question in this section. If defendant claims that

the fair market rental value is less because of a breach of

warranty to provide habitable premises, then either party may

also ask any applicable question in section 75.0]

(f)

the response or action taken by the LANDLORD

PLAINTIFF to each notification;

(g)

the cost to remedy the condition and how the cost was

determined;

the identity of any bids obtained for the repairs and any

DOCUMENTS evidencing the bids.

81.1 Do you have an opinion on the fair market rental

value of the RENTAL UNIT? If so, state:

80.3 Did LANDLORD or PLAINTIFF

fail to respond within

a reasonable time after receiving a communication of a

need for repair? If so, for each communication state:

the substance of your opinion;

(b)

the factors upon which the fair market rental value is

based;

(c)

(a) the date it was made;

(b) how it was made;

the method used to calculate the fair market rental

value.

(d) why the delay was unreasonable.

81.2 Has any other PERSON

ever expressed to you an

opinion on the fair market rental value of the RENTAL

UNIT? If so, for each PERSON:

state the name, ADDRESS, and telephone number;

state the substance of the PERSON's opinion;

80.4 Was there an insufficient period specified or actually

allowed between the time of notification and the time

repairs were begun by defendant to allow LANDLORD

PLAINTIFF

to make the repairs? If so, state all facts on

which the claim of insufficiency is based.

(c)

describe the conversation or identify all DOCUMENTS

in which the PERSON

expressed an opinion and state

the name, ADDRESS

, and telephone number of each

PERSON who has each DOCUMENT.

80.5 Does PLAINTIFF

contend that any of the items for

which rent deductions were taken were not allowable

under law? If so, for each item state all reasons and facts

on which you base your contention.

81.3 Do you know of any current violations of state or local

building codes, housing codes, or health codes, conditions

of dilapidation or other conditions in need of repair in the

RENTAL UNIT

or common areas that have affected the

RENTAL UNIT

at any time defendant has been in

possession? If so, state:

80.6 Has defendant vacated or does defendant anticipate

vacating the RENTAL UNIT

because repairs were

requested and not made within a reasonable time? If so,

state all facts on which defendant justifies having vacated

the RENTAL UNIT or anticipates vacating the rental unit.

the conditions in need of repair;

the kind of repairs needed;

(a)

(End)

Page 7 of 7

Fl-128 [Rev. July 1, 1987]

(h)

(b)

(a)

the name, ADDRESS

, and telephone number of each

PERSON who caused these conditions.

(a)

(c)

(b)

WEST GROUP

Official Publisher

Click for PDF

Form Information

Fact Name	Details
Form Purpose	The California Fi 128 form is used for unlawful detainer proceedings, specifically to gather information through interrogatories from both the asking and answering parties.
Governing Laws	This form is governed by the California Code of Civil Procedure, particularly sections 2030 and 2033.5, which outline the rules for interrogatories in civil cases.
Interrogatories	The form includes a set of interrogatories that parties can use to obtain relevant information from each other regarding the unlawful detainer case.
Response Timeframe	The answering party must respond to the interrogatories within five days of being served, ensuring timely communication between the parties.
Verification Requirement	All answers provided must be verified, signed, and dated, emphasizing the importance of accuracy and accountability in the responses.
Potential Sanctions	Failure to properly respond to the interrogatories can lead to sanctions, including fines, attorney fees, or even contempt proceedings.
Use of Additional Interrogatories	Parties may attach additional interrogatories to the form, allowing for more comprehensive information gathering tailored to the specifics of the case.
Definitions Section	The form includes a definitions section that clarifies key terms, such as "PERSON," "PLAINTIFF," and "RENTAL UNIT," ensuring all parties have a mutual understanding of the terminology used.

Detailed Guide for Filling Out California Fi 128

Filling out the California Fi 128 form is a crucial step in the unlawful detainer process. This form requires careful attention to detail, as it gathers essential information about the parties involved and the specifics of the case. Following the steps below will help ensure that you complete the form accurately and efficiently.

Provide Your Information: In the section labeled "ATTORNEY OR PARTY WITHOUT ATTORNEY," fill in your name and address. Include your telephone number as well.
Unlawful Detainer Assistant: Indicate whether an unlawful detainer assistant provided you with assistance. If yes, include the assistant's name.
Attorney Information: If you have an attorney, write their name and address in the "ATTORNEY FOR" section.
Court Information: Fill in the name of the court, judicial district, and branch court, if applicable. Include the court's telephone number.
Case Title: Provide a short title for your case, which typically includes the names of the parties involved.
County Registration: Enter the county of registration and the registration number, along with the expiration date.
Case Number: In the "FORM INTERROGATORIES" section, write the case number associated with your unlawful detainer action.
Identify Parties: Specify the asking party and answering party in the appropriate fields.
Set Number: If applicable, indicate the set number for the interrogatories.
Follow Instructions: Carefully read the instructions provided in the form. Pay attention to the guidelines for both the asking and answering parties.
Complete Interrogatories: Check the boxes next to each interrogatory that you want the answering party to respond to. Ensure you select only those that are relevant to your case.
Attach Additional Interrogatories: If needed, attach any additional interrogatories that you want to include.
Verification: At the end of your responses, add a verification statement declaring that your answers are true and correct. Include your signature and the date.

After completing the form, review it for any errors or omissions. Properly serving the form to the involved parties is the next step in the process, so ensure that you follow the guidelines for service as outlined in the Code of Civil Procedure. This will help keep your case on track and avoid potential complications down the line.

Obtain Answers on California Fi 128

What is the California Fi 128 form?
The California Fi 128 form, also known as the Form Interrogatories for Unlawful Detainer, is a legal document used in eviction proceedings. It allows parties involved in an unlawful detainer case to ask specific questions related to the case, facilitating the exchange of information between the landlord and tenant.
Who uses the Fi 128 form?
This form is utilized by both landlords (plaintiffs) and tenants (defendants) involved in unlawful detainer actions. It serves as a tool for gathering pertinent information that may be relevant to the case, ensuring that both parties have the opportunity to present their sides effectively.
What types of questions can be asked using the Fi 128 form?
The form includes a variety of interrogatories covering topics such as:
- Ownership and management of the rental unit
- Details regarding rental agreements
- Conditions of the rental unit
- History of rent payments and any disputes
- Notices served to terminate tenancy
What are the time limits for responding to interrogatories?
Generally, the answering party must respond to the interrogatories within five days after being served. This prompt response is crucial as failure to do so may result in sanctions, which could include fines or even contempt of court.
Can additional questions be added to the Fi 128 form?
Yes, parties may attach additional interrogatories to the Fi 128 form if they feel that further questions are necessary to clarify or support their case. However, care should be taken to ensure that these additional questions are relevant and do not constitute an abuse of the process.
What happens if a party fails to respond to the interrogatories?
Failure to respond properly to the interrogatories can lead to serious consequences. Sanctions may include fines, attorney fees, or even the possibility of losing the case. It is essential for parties to answer each interrogatory as completely and accurately as possible.
Are there any specific definitions that need to be understood when using the Fi 128 form?
Yes, the form includes definitions for key terms such as "person," "plaintiff," "landlord," "rental unit," and "document." Understanding these definitions is important for accurately completing the form and responding to the interrogatories.
What should be included in the responses to the interrogatories?
Responses should be complete and straightforward. If a party cannot fully answer an interrogatory, they should provide as much information as possible and indicate any limitations in their knowledge. Additionally, responses must be verified, dated, and signed to ensure their validity.
How can parties ensure compliance with the Fi 128 form requirements?
To comply with the requirements, parties should carefully read the instructions provided with the form, adhere to the timelines for responses, and ensure that all answers are clear and well-supported by evidence. Consulting with an attorney or legal expert may also be beneficial to navigate the process effectively.

Common mistakes

Filling out the California FI 128 form can be a daunting task, and many people make mistakes that can lead to delays or complications in their case. One common mistake is failing to provide complete and accurate information. For instance, if a party does not fully disclose their relationship to the rental unit or neglects to mention all relevant parties involved, it could result in confusion or even dismissal of the case. Accuracy is crucial, as even small errors can have significant consequences.

Another frequent error is not adhering to the specified timelines for responses. The form requires parties to respond within a certain period, typically five days after being served with interrogatories. Missing this deadline can lead to sanctions, including fines or losing the right to present a defense. Staying organized and aware of these deadlines is essential for a successful filing.

Many individuals also overlook the importance of verifying their answers. The California FI 128 form requires that all responses be signed and dated. Failing to do so can render the entire submission invalid. This verification acts as a declaration under penalty of perjury, emphasizing the need for honesty and integrity in the information provided. Neglecting this step is a mistake that can easily be avoided with a simple review before submission.

Lastly, some people do not take advantage of the option to attach additional documents that may support their answers. When a question can be answered by referring to a document, it is beneficial to attach that document as an exhibit. This not only strengthens the response but also provides clarity and context to the information being presented. Properly utilizing this option can help avoid misunderstandings and streamline the process.

Documents used along the form

The California FI 128 form is commonly used in unlawful detainer actions, which are legal proceedings for eviction. When filing or responding to such cases, several other forms and documents may accompany the FI 128. Each of these documents serves a specific purpose in the eviction process, ensuring that all parties are informed and that the proceedings follow legal protocols.

Notice to Quit: This document informs the tenant that they must vacate the rental unit. It typically specifies the reason for the eviction, such as non-payment of rent or violation of lease terms, and provides a deadline for the tenant to leave.
Summons: A summons is issued by the court to notify the tenant that a lawsuit has been filed against them. It includes important information about the court date and the nature of the complaint, allowing the tenant to prepare their defense.
Complaint: This is the formal document filed by the landlord outlining the reasons for the eviction. It details the facts of the case, the claims being made, and the relief sought by the landlord, such as possession of the rental unit.
Proof of Service: This document confirms that the tenant was properly served with the notice, summons, and complaint. It provides evidence that all required parties received the necessary documents, which is crucial for the court proceedings.

Understanding these accompanying documents can help both landlords and tenants navigate the eviction process more effectively. Each form plays a vital role in ensuring that the legal rights of all parties are respected and that the proceedings are conducted fairly.

Similar forms

The California Fi 128 form is a crucial document used in unlawful detainer proceedings, primarily to facilitate the exchange of information between parties involved in a landlord-tenant dispute. There are several other documents that serve similar purposes in legal proceedings, particularly in civil matters. Below is a list of five documents that share similarities with the California Fi 128 form, along with an explanation of how they are alike.

California Judicial Council Form Interrogatories (Form DISC-001): Like the Fi 128 form, this document provides a standardized set of questions that one party can send to another in a civil case. Both forms aim to gather pertinent information to clarify issues before a trial, ensuring that all parties have a clear understanding of the facts involved.
Request for Production of Documents (Form DISC-002): This document allows one party to request specific documents from another party relevant to the case. Similar to the Fi 128 form, it facilitates the discovery process, helping parties obtain necessary evidence to support their claims or defenses.
Notice of Deposition (Form DISC-003): A notice of deposition is used to inform a party that they must appear and testify under oath. Both this notice and the Fi 128 form are tools used in the discovery phase of litigation, aiming to gather information and clarify facts that may be disputed.
California Summons (Form SUM-100): The summons is a document that officially notifies a defendant that they are being sued and provides details about the lawsuit. Like the Fi 128 form, it is a fundamental document in legal proceedings, ensuring that all parties are aware of the actions being taken against them and the need to respond.
Complaint (Form PLD-001): A complaint is the initial document filed by a plaintiff to start a lawsuit. It outlines the plaintiff's claims and the relief sought. Both the complaint and the Fi 128 form serve as foundational documents in legal proceedings, establishing the framework for the case and prompting the necessary responses from the defendant.

Dos and Don'ts

When filling out the California FI 128 form, it is crucial to approach the task with care and attention to detail. Here is a list of things you should and shouldn't do to ensure a smooth process.

Do read the instructions thoroughly before starting. Understanding the requirements will help you avoid mistakes.
Do provide accurate and complete information. Ensure that all sections are filled out to the best of your ability.
Do double-check for any missing signatures or dates. An incomplete form can lead to delays or complications.
Do seek assistance if you are unsure about any part of the form. Consulting with a legal professional can provide clarity.
Do keep a copy of the completed form for your records. This will be helpful for future reference.

Don't rush through the form. Taking your time can prevent errors that may cost you later.
Don't leave any questions blank. If a question does not apply, indicate that clearly rather than skipping it.
Don't provide information that is not requested. Stick to what the form asks for to maintain clarity.
Don't forget to verify your answers. A simple mistake can lead to significant consequences.
Don't assume that the form is self-explanatory. If something is unclear, seek clarification.

By following these guidelines, individuals can navigate the complexities of the California FI 128 form with greater confidence and accuracy. Remember, attention to detail is key in legal matters.

Misconceptions

Misconception 1: The California Fi 128 form is only for landlords.

This form is designed for both landlords and tenants involved in unlawful detainer proceedings. It provides a structured way for either party to present their case, making it a crucial tool for all involved.

Misconception 2: Completing the Fi 128 form guarantees a win in court.

Filling out the form correctly does not ensure victory. It is merely a procedural step in the legal process. The outcome will depend on the merits of the case and the evidence presented.

Misconception 3: You can ignore the interrogatories if you don’t want to answer them.

Failure to respond to the interrogatories can lead to serious consequences, including sanctions. It’s essential to provide answers as required by the law.

Misconception 4: The form is too complicated for a layperson to understand.

While legal documents can be daunting, the Fi 128 form is structured to guide users through the process. With careful reading and attention to detail, anyone can navigate it.

Misconception 5: The form can be submitted without proper verification.

All answers on the Fi 128 must be verified, dated, and signed. Skipping this step can invalidate your responses and jeopardize your case.

Misconception 6: You can submit the form at any time during the eviction process.

There are specific timelines for submitting the Fi 128 form and responding to interrogatories. Missing these deadlines can have significant repercussions.

Misconception 7: Once the form is submitted, you don’t need to do anything else.

Submitting the form is just one part of the process. Continuous communication and compliance with court requirements are necessary to ensure your case progresses smoothly.

Key takeaways

Understand the Purpose: The California FI 128 form is primarily used in unlawful detainer proceedings, which are legal actions to regain possession of a rental unit.
Complete Information: Ensure that all required fields are filled out completely, including names, addresses, and contact information for all parties involved.
Interrogatories: Be mindful that the form includes interrogatories designed to gather information from the other party. Choose carefully which questions to include.
Timely Responses: Respond to interrogatories within five days of being served. Failing to do so can lead to sanctions, including fines or contempt of court.
Verification Required: All answers provided on the form must be verified, dated, and signed. This adds a layer of accountability to the information shared.
Document References: If any interrogatory can be answered by referring to a document, attach that document and indicate where the answer can be found.
Awareness of Sanctions: Be aware that misuse of the interrogatories can result in sanctions, including attorney fees. Understanding the limits and proper use is crucial.