This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Demand For Jury Trial Unlawful Detainer In San Diego
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State:
Multi-State
County:
San Diego
Control #:
US-000287
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FAQ
On any issue triable of right by a jury, a party may demand a jury trial by: (1) serving the other parties with a written demand—which may be included in a pleading—no later than 14 days after the last pleading directed to the issue is served; and. (2) filing the demand in ance with Rule 5(d).
Predictable Outcomes: Judges' decisions are generally more predictable than those of a jury, in which emotions or personal biases can sway. If, for example, you're assigned a judge with a record of showing leniency for mitigating circumstances, your attorney might recommend waiving the jury trial.
ASan Diego Municipal Code §98.0730: Termination of Tenancy: A residential tenancy of more than two years duration shall not be terminated, nor shall its renewal be refused, except for one or more of the following reasons: (a) Nonpayment of Rent. expiration of a specified term, except as provided insection 98.0730(e);
In the demand a party may specify the issues which the party wishes so tried; otherwise the party shall be deemed to have demanded trial by jury for all the issues so triable.
Tenants can win an unlawful detainer case by proving: There are no legal grounds for the eviction. The landlord did not properly follow eviction procedures. The offense is not legal grounds for eviction.
Defendants generally trust that a jury will acquit or render a not guilty verdict more often (than a judge). The O.J. trial certainly validated this belief. Both the defendant and the People have the right to a jury trial in misdemeanor and felony trials (California Constitution, Article I, § 16 and Penal Code § 699).
Answer—Unlawful Detainer (UD-105) Tell the court and the landlord your responses to the Complaint and things you want to ask for as a tenant in an eviction case.
Tenants can win an unlawful detainer case by proving: There are no legal grounds for the eviction. The landlord did not properly follow eviction procedures. The offense is not legal grounds for eviction.
The Unlawful Detainer (eviction) lawsuit begins when the landlord gives a Notice of Termination to the tenant. The Notice will state the reason for the eviction (e.g., nonpayment of rent, lease violation) and may ask the tenant to fix the problem.