Glossary | Glosario

Answer

In legal terms, this is the document that a defendant files in response to the complaint, to lay out the defendant's argument why they should win the lawsuit. This can consist of denying one or more of the Complaint's allegations (for instance, denying the claim that the eviction notice was served).

 

Another important part of an Answer is the affirmative defenses. These are things which defendant can assert which, if proven, are reasons they should win the lawsuit even if everything in the Complaint is proven. For instance, in an eviction case based on a pay-or-quit notice, even if the tenant owes the rent and was properly served the notice, they may still defend the case by proving the landlord violated the implied warranty of habitability during the time when the rent came due.

 

Defendants are typically not allowed to raise defenses that are not included in their Answer, so it is important to plead all appropriate defenses. Note that after a defendant files their first answer, they have a ten-day window to file an amended answer. To amend it after that time, they would need to file a motion to ask the court for permission (i.e., for "leave") to file an amended answer.

 

Complaint

In legal terms, this is the document that a plaintiff files to begin a lawsuit. It serves to lay out what the plaintiff intends to prove, in order to win the lawsuit.

After filing a Complaint with the court, the plaintiff generally obtains a summons and has the summons and Complaint served on the defendant. This creates a deadline for the defendant to file an answer or other response, or else they risk suffering a default judgment.

 

Court Days

This means any day that is not a weekend or a court holiday. This is distinct from the term "calendar days," which includes all days.

 

It's important to know the difference, because some legal deadlines are based on court days and others on calendar days. In general, if the law just says "days," it means calendar days. But if it says "court days," "business days," or "days, not including Saturdays, Sundays, and other judicial holidays," it means court days.

 

Cure-or-Quit Notice

Also called a "notice to cure or quit," a "notice to perform covenants or quit," or a few similar names. This is a type of eviction notice that claims the tenant is violating a requirement of their rental agreement and gives the tenant a deadline to either "cure" the violation (i.e., "perform" the requirement) or move out of the property. See CCP § 1161(3)

 

Default Judgment

This is a judgment entered for the plaintiff in a lawsuit when the defendant has not responded after being served the summons. In other words, it is an automatic loss for the defendant.

 

If the defendant has a good excuse for failing to file an answer or other response to the lawsuit, they may be able to file a motion to set aside judgment.

 

Note: There are a few situations where default judgments are entered even though an answer was filed, but these are rare. It is not the same as a prove-up, though they are often considered similarly.

 

Defendant

This word refers to a person in a lawsuit who is being sued by the plaintiff. In an eviction case, this means the tenant.

 

Lawyers sometimes abbreviate "Defendant" by writing the Greek letter Delta: Δ.

 

Discovery

In a lawsuit, "discovery" refers to the formal process by which the parties learn facts about the case, mostly by asking each other questions in a particular format called "discovery requests." Making a discovery request is often called "propounding discovery." There are a few different kinds of discovery requests, including:

 

• Requests for Admission ("RFAs")
• Requests for Production of Documents ("RPDs")
• Special Interrogatories
• Form Interrogatories---Unlawful Detainer
• Form Interrogatories---General

 

When a party has been served with discovery requests, they have a deadline to respond by serving formal discovery responses (e.g., Response to Requests for Admissions, Response to Request for Production of Documents, etc.). In eviction cases, the deadline to answer discovery is very short---only five days from when you are served the requests---although depending on how the requests are served, the deadline to respond may be extended by a certain number of days. It's also possible to ask the other party to extend the

deadline, which they are supposed to grant if the request is reasonable.

 

If someone doesn't serve discovery responses by the deadline, two things happen. First, they automatically waive the right to object to certain discovery requests for being improper. So, when they do respond, they typically need to answer every question they can, even if the question is improper.

 

And second, the party that served the requests gains the right to file discovery motions, asking the court to impose consequences for the failure to respond. For most types of discovery requests, that is a "Motion to Compel Responses," which seeks a court order forcing the other party to provide responses to the discovery requests, and typically ordering them to pay monetary sanctions. But for requests for admissions specifically, the consequences can be much worse and can lead to losing the lawsuit almost automatically. Therefore, it is very important to respond.

 

Eviction Notice

Most types of eviction require the landlord to serve the tenant some kind of notice before filing the eviction lawsuit, and only allow the lawsuit to be filed after the time period specified in the notice expires. It might be a pay-or-quit notice, a cure-or-quit notice, or a notice to quit. The term "eviction notice" could refer to any of them.

 

Note that even if an eviction notice uses the word "vacate," it should not be confused with a notice to vacate, which is different in that it is served by the Sheriff after the lawsuit is already over, whereas an eviction notice is served by the landlord (or someone working for them) before the lawsuit begins.

 

Ex Parte Application

An ex parte application is a special kind of motion designed for emergencies. It allows a party to a lawsuit to ask the court to do something on very short notice. Some typical examples of ex parte applications include:

 

• If a tenant is filing a motion to set aside judgment, but the Sheriff posts a Notice to Vacate that is scheduled to expire before the hearing date on the motion, the tenant is at risk of being evicted before the motion is heard. Thus, the tenant would typically need to file an ex parte application asking the court to call off the Sheriff (i.e., "stay execution of judgment") until after the set-aside motion is heard.
• If the tenant is filing a motion to amend their Answer to the lawsuit, but the case is set to go to trial before that motion is heard, the tenant may need to file an ex parte application to move up the hearing date on the motion, or else postpone the trial, so that the answer can be decided first. Otherwise, they may need to go to trial with their original Answer, which may be missing important defenses.
• Likewise, if a party has an order deeming requests for admissions admitted against them, and they are moving for relief from the deemed admissions, they may need to file an ex parte application to move up the hearing date on that motion so that it is decided before the opposing party has a chance to use the deemed admissions against them---such as by filing a motion for summary judgment.

 

Ex parte applications have many technical requirements regarding when and how the moving party must notify the other side, and what must be included in the ex parte application. See California Rules of Court Rules 3.1200-3.1207.

 

Form Interrogatories---General

These are a type of discovery request designed for asking specific written questions related to the lawsuit. See CCP §§ 2030.010 - 2030.410. It is a specific form, DISC-001, designed by the Judicial Council of the State of California, to be served by either party in an unlimited-jurisdiction case. (See Section 2(a) of the DISC-001 form).

 

Note that although there is no specific rule against serving Form Interrogatories---General in eviction cases, most eviction cases are limited-jurisdiction (because the complaint either doesn't demand money, or demands less than $35,000). Section 2(a) of the DISC-001 form says that this form is only appropriate for unlimited-jurisdiction cases. It is improper to use form interrogatories in a way that violates the Judicial Council's specified procedures, see CCP §§ 2023.010(b), 2033.740(c), so serving Form Interrogatories---General is arguably improper, and the recipient arguably has the right to object---at least, as long as they do so before the deadline to respond has expired.

 

Form Interrogatories---Unlawful Detainer

These are a type of discovery request designed for asking specific written questions related to the lawsuit. See CCP §§ 2030.010 - 2030.410. It is a specific form, DISC-003, designed by the Judicial Council of the State of California, to be served by either the landlord or the tenant in an eviction case. Whoever prepares the form checks off certain boxes to indicate which of the (prewritten) questions they are requesting responses to.

 

Judgment

This is a final, binding decision by a judge or other judicial officer that ends a lawsuit. Judgments generally have enforceable legal effects. For instance, in eviction cases, a judgment in favor of the plaintiff generally means that the court will issue a writ of possession allowing the sheriff to evict the tenant. A judgment for the plaintiff might also require the defendant to pay the plaintiff money.

 

There are a few different ways judgment may be entered in a lawsuit. If the defendant fails to file an Answer, the plaintiff may obtain a default judgment. Or if the defendant answers but fails to show up for trial, the plaintiff may obtain judgment via a prove-up. Or, either party might win the case on the merits, either by winning at trial or by filing certain kinds of motions, like a motion for summary judgment or for judgment on the pleadings. Or the parties might compromise and enter into a settlement agreement, in which case they might agree for the court to issue a judgment based on its terms.

 

Just Cause Requirements

Historically, landlords have been allowed to evict tenants without having to provide a reason, as long as it's at the expiration of the lease term, see CCP § 1161(1), or they give a thirty- or sixty-day notice, see § 1946.1(b, c). That means historically they have not needed a good reason (i.e., a "just cause") to evict.

 

However, in recent years, many jurisdictions have changed this rule by passing laws that only allow landlords to evict for certain reasons. Essentially, all rent stabilization laws include just-cause requirements to make it harder for landlords to evict tenants simply because they want to raise the rent. But sometimes there are also just cause requirements even without rent stabilization.

 

Motion

A motion is a formal request for a court to do something in a lawsuit. Most motions have to be made in writing. Regardless of what type of motion it is, the process for written motions is generally this:

 

1. The party making the motion (i.e., the "moving party") contacts the court to reserve a hearing date for the court to decide the motion.
2. Then, the moving party must serve the opposing party with a copy of the motion. Depending on the type of motion, the law generally requires service to happen at least a certain number of court days or calendar days before the hearing date.
3. The opposing party may then file a written Opposition to the motion, and if they do, the moving party may file a Reply to that Opposition.
4. At the hearing date, the judge decides whether to grant or deny the motion, or in other words, whether or not to give the moving party what they're asking for.

 

When a motion has been filed but not yet decided, it is said to be "pending." Motions may be pending for quite a while because the hearing date is often weeks or months away from when the motion is filed. This delay is a problem if the motion is urgent, like if a Notice to Vacate is posted while the tenant is moving to set aside the judgment. In those situations, the moving party generally needs to file an ex parte application asking the court to move up the hearing date or take other action on short notice.

 

Motion to Set Aside Judgment

Sometimes called a "set-aside motion" or "473 motion." This phrase refers to several types of motions a defendant can file after losing their case (and having a judgment entered against them) due to "excusable neglect," which essentially means a reasonable mistake. See CCP § 473. These motions are often filed after a default judgment or a prove-up, and they essentially ask the judge to forgive the mistake, set aside the judgment, and reopen the lawsuit.

 

These motions generally require proving a good reason for the mistake. If the defendant can establish a good reason for the mistake. If the mistake was failing to file an answer, why not? Maybe they were confused, didn't know how, or were unaware of the lawsuit. If the mistake was missing the trial date, what happened? Maybe they did not get the notice of the trial date in the mail, or maybe they had an emergency. Proof of language barriers and disabilities may help to explain the mistake. Whatever it is, it would need to be something the judge considers excusable.

 

Whatever the reason for the mistake, it's also important to file the motion within a reasonable amount of time after judgment was entered. Sooner is better.

 

Also note that if the issue is a default judgment, the motion must include a copy of the defendant's proposed answer to the lawsuit.

 

No-Fault Eviction

An eviction is "no-fault" (as opposed to "at-fault") if the eviction notice does not claim that the tenant has done anything wrong. If any just cause requirements apply, they typically set sharp limits on what kinds of no-fault eviction are allowed, and often require landlords to waive some rent or pay relocation assistance as a condition of the eviction even if they do have a valid no-fault reason to evict.

 

Notice to Quit

Sometimes called a "notice of termination of tenancy." This is a type of eviction notice. Unlike a pay-or-quit or cure-or-quit notice, a Notice to Quit does not give the tenant an option to do something to stay in their home; it just demands that they move out, or else they will be sued.

 

Sometimes, this is based on the theory that the tenant has created a nuisance, or breached their lease in a way that cannot be undone (i.e., an "incurable breach"). In these situations, the notice to quit generally gives only three days to move out. See CCP § 1161, subsections (3) and (4).

 

Other times, it may be a no-fault eviction, where the landlord seeks to evict for another reason, such as demolishing the rental unit. In these situations, there typically needs to be thirty- or sixty-days’ notice. Either way, if the notice does not give the tenant an opportunity to do something to stay in their home, we call it a notice to quit.

 

Note that although the words are similar, a notice to quit is very different from a Notice to Vacate. A notice to quit is served before the eviction lawsuit, as a threat that the lawsuit will be filed. A Notice to Vacate is served after the tenant loses the lawsuit and threatens that the Sheriff will perform an eviction.

 

Notice to Vacate

Also called an NTV for short. This is a notice served by the Sheriff's Department after a tenant has already lost their eviction case. NTVs typically look like this, stapled to a copy of the writ of possession. When an NTV tells a tenant that they must vacate the premises by a certain date, it means that the Sheriff can come and perform a lockout on any day after that date, but not on that date. Note that the Sheriff does not tell tenants the exact day they intend to perform a lockout, so after an NTV expires, there's really no way to know.

 

If an NTV is posted while a tenant is in the process trying to get the judgment set aside (e.g., by filing a motion to set aside judgment), then it is typically necessary for the tenant to file an ex parte application asking the judge to "stay execution of judgment" (i.e., put the eviction on pause) at least until after the set-aside motion is decided.

 

Pay-or-Quit Notice

Also known as a notice to pay rent or quit. This is a type of eviction notice that demands that the tenant pay the rent or else move out. See CCP § 1161(2). State law requires these notices to include detailed instructions on how to pay rent and requires landlords to give tenants at least three court days to pay. Local just-cause ordinances might add requirements for what a pay-or-quit notice must contain.

 

Plaintiff

A person or entity that filed the lawsuit and is suing the defendant. In eviction cases, this typically means the landlord or property management company.

 

Lawyers sometimes abbreviate the word "Plaintiff" by writing the Greek letter Pi: Π.

 

Prove-Up

Also known as an "uncontested trial." This is when a defendant filed an answer but does not show up for their trial date, and the plaintiff takes that as an opportunity to prove their case to the judge, in the defendant's absence. In an eviction case, this generally results in a judgment for the landlord, for possession of the property, and also for money damages.

 

It is not technically the same as a default judgment, but they are often treated similarly because it was a judgment entered without the defendant presenting a defense. If the defendant has a good excuse for missing the trial, it may be possible to file a motion to set aside the judgment.

 

Rent Stabilization

Rent stabilization laws limit how much a landlord can raise the rent during a tenancy. Typically, they work by setting a maximum percentage that the rent can increase each year. This percentage often varies from year to year depending on inflation.

 

It is often complicated to determine whether a given unit is rent-stabilized. In California, the Tenant Protection Act (TPA) applies rent stabilization to most multi-unit properties that are more than fifteen years old. See CIV § 1947.12. But many local governments have their own rent stabilization laws that are stronger than the TPA---such as the City of Los Angeles' Rent Stabilization Ordinance (LARSO), LAMC § 151.00-151.35. Rent stabilization laws have a lot of complicated rules about which units are and aren't covered.

 

Note: The phrase "rent control" is often used as a synonym for rent stabilization. But many housing advocates draw a distinction and only call it rent control when there is "vacancy control." Vacancy control would limit rent increases even after all tenants have moved out and been replaced.

 

However, vacancy control is generally prohibited in California due to the Costa-Hawkins Rental Housing Act. As a result, landlords often have a financial incentive to evict long-term tenants to raise rents to market rates. To mitigate this, most rent stabilization laws also include just-cause eviction requirements.

 

Requests for Admission

Or "RFAs" for short. These are a special type of discovery request designed to allow a party to ask another party to admit or deny whether certain facts are true. See CCP §§ 2033.010 - 2033.420.

 

RFAs are special because if someone fails to serve responses to requests for admissions, the person who served the requests can file a special motion asking the court to issue an order to "deem the requests for admissions admitted." If this motion is filed, the person who was served with the RFAs has one last chance to serve responses to the RFAs before the court hearing on the motion to deem RFAs admitted.

 

If they do not do this, the court will order that every request in the RFAs be treated as true at the court hearing. RFAs often include statements like "Admit that you owe all of the money demanded in the eviction notice" and even "Admit that you do not have any defenses to this lawsuit," so an order deeming RFAs admitted will almost inevitably lead to a tenant losing the lawsuit. It is sometimes possible to file a "motion for relief from admissions," asking the court to undo this penalty, but it is better to avoid RFAs being deemed admitted in the first place.

 

Requests for Production of Documents

Or "RPDs" for short. Also called "Demands for Inspection of Documents." These are discovery requests designed to ask a party to a lawsuit to produce certain documents (e.g., photos, papers, videos, text messages, etc.) related to the case. See CCP §§ 2031.010 - 2031.510.

 

Special Interrogatories

Sometimes called "SROGs" for short. These are a type of discovery request designed for asking specific written questions related to the lawsuit. See CCP §§ 2030.010 - 2030.410. They are similar to form interrogatories, but are custom-drafted.

 

Service

In other words, "serving someone a document" or "serving a document on someone."

There are many situations in law where it is legally important to give someone a document, and in those situations, it often matters how the document is given. "Service" means giving the document to them in a legally-valid way, though what is valid depends a lot on the context. Giving someone a document in a way that is not legally valid is often called "defective service," though, depending on the context, it might still count for something or not.

 

All that to say, service can mean many things depending on context. For example:

• During a tenancy, a landlord can raise the rent (or change other lease provisions) but must serve the tenant notice of the change at least thirty days before it goes into effect, and this notice must be served by delivering the notice to the tenant personally, or by sending it to the tenant by mail. See CIV § 827. If the notice is served by mail, it's actually necessary to give a few extra days or court days, depending on how exactly it is mailed. See CCP § 1013.
• Before filing an eviction lawsuit, most types of eviction require the landlord to serve the tenant with an eviction notice and wait for it to expire before filing the complaint. Generally, the eviction notice must be either (1) served on the tenant personally, (2) left with someone who lives at the tenant's home or workplace, if the tenant isn't there, or (3) posted at the tenant's home and also sent by mail. See CCP § 1162(a).
• To begin a lawsuit, the plaintiff must make sure that the summons is properly served on the defendant, and it is this service that makes it so that the defendant must file an answer or else risk a default judgment. Generally, this type of service requires a reasonable attempt to serve the defendant personally, although if that doesn't work, there are ways to obtain permission to serve the summons by other means. See CCP § 415.20.
• During a lawsuit, both parties generally need to serve each other with various documents, including motions, ex parte applications, and discovery. If someone is represented by an attorney, most of these documents can be served by "electronic service," i.e., emailing them to the attorney. See CCP § 1010.6. Otherwise, people can be served by mail (see CCP § 1013) or by personally handing them the document.

 

For the most part, if a document is served in a valid way, it is considered served on the date it is sent, even if it is not received that day. That can seem unfair because, for instance, mail is not instant. However, many types of documents served during a lawsuit, especially motions and discovery requests, the law accommodates for this delay by moving certain deadlines based on how the document was served, generally giving five extra calendar days for service by ordinary mail, or two extra court days for service by overnight mail or email. See CCP §§ 1013, 1010.6(a)(3)(B).

 

Summons

A summons is a formal legal document notifying an individual that they are being sued. After a plaintiff files their Complaint, they arrange to have the summons and complaint served on the defendant. Service of the summons creates a deadline for the defendant to file an Answer or other response to the lawsuit, and if the defendant fails to do so, the plaintiff may win automatically in a default judgment.

 

Unlawful Detainer

This is the formal name for the most common type of eviction lawsuit in California. The phrase is based on the landlord's claim that the tenant is "unlawfully detaining" (i.e., illegally remaining in) the rental unit after they were supposed to leave for one reason or another. See CCP § 1161. Unless the landlord claims the tenancy expired automatically (e.g., at the end of a one-year lease), most unlawful detainer cases require the landlord to serve an eviction notice on the tenant as a prerequisite to filing the lawsuit.

 

Unlawful detainer lawsuits are much faster-paced than most other types of lawsuits, with shorter deadlines to file an answer, to answer discovery requests, and to file and oppose certain types of motions.

 

Note that there are a few other, less common types of eviction lawsuits: forcible entry (see CCP § 1159) and forcible detainer (see CCP § 1160). These lawsuits are subject to the same shortened timelines as unlawful detainer cases, but whereas unlawful detainer is based on the idea that the defendant no longer has the right to live there, forcible detainer and forcible entry are generally based on the idea that they never had the right to live there in the first place.

 

Writ of Possession

This is a court order issued after a judgment for the plaintiff landlord in an eviction case. The landlord (or their attorney) then gives the Sheriff a copy of this order, in order to ask them to evict the tenant. Sometime after the Sheriff receives the writ of possession, the Sheriff serves a Notice to Vacate at the property, warning that a lockout will soon occur.