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Jenna Zebrowski, JD, MBA
Attorney
Jenna Zebrowski is a JD/MBA graduate from Texas Tech University School of Law. After working in Mexico City for 3 years, she returned to the US and spent over a decade working in-house for large and small companies, including franchises, in a real estate leasing capacity, as well as in the mortgage and title industries. In private practice since 2019, Jenna is passionate about advocacy and protection for her clients’ rights, working collaboratively towards problem prevention, and solution, when necessary.
In the legal process of eviction in California, the UD-106 Form Interrogatories—Unlawful Detainer is typically used when a landlord initiates an unlawful detainer lawsuit to evict a tenant. This form is necessary when the landlord seeks to gather detailed information from the tenant regarding defenses or claims associated with the eviction.
- Notice to Quit: Before this form is required, the tenant would have received a Notice to Quit, which is a prerequisite for filing an unlawful detainer suit.
- Filing the Complaint: The landlord must file an Unlawful Detainer Complaint with the court, officially starting the eviction lawsuit.
- Response from Tenant: After the complaint is received, the tenant may file an Answer in response, raising any defenses against the eviction.
The UD-106 form is typically employed after the complaint has been served on the tenant and is useful if the landlord needs specifics about any defenses claimed by the tenant, such as the conditions in the rental unit or any other pertinent lease violations. It plays a crucial role in pre-trial discovery, allowing both parties to clarify facts and formulate arguments accordingly.
1. Gather Information: Collect details pertinent to the eviction case, such as parties involved, property address, and specifics about the tenancy and notice given.
2. Complete the Form: Carefully fill out Form UD-106, ensuring to check the boxes next to the interrogatories relevant to the case.
3. Serve the Interrogatories: Serve the completed interrogatories to the opposing party within the unlawful detainer action timeline.
4. File with the Court: Submit the completed Form UD-106 to the clerk of the Superior Court in the county where the property is located.
5. Proof of Service: Obtain and file a proof of service form with the court, verifying that the interrogatories have been properly delivered to the other party.
Legal Language
Interrogatories do not change existing law, but be mindful that certain terms have specific legal meanings and implications. If you're unsure about any definitions or legal terms, consult a professional to avoid misunderstandings.
Selective Interrogatories
Carefully select interrogatories relevant to your case. Not all may apply, and choosing irrelevant ones can lead to sanctions or unnecessary legal complications.
Response Obligations
You are legally obliged to provide complete answers to each checked interrogatory. Failure to respond accurately can result in significant legal consequences, including contempt charges.
Lack of Knowledge
If you lack information to fully respond, state this explicitly and show that you've made a reasonable effort to acquire the needed information. This might involve contacting others who hold relevant information.
Verification Requirement
Ensure your answers are verified, dated, and signed under penalty of perjury. This is not merely a formality—incorrect or incomplete verification can invalidate your response.
Property Terminology
Understanding the distinction between RENTAL UNIT and PROPERTY is crucial. The RENTAL UNIT refers to the specific premises in question, while PROPERTY is the larger context, including the whole building or complex.
1
Serve the Form Interrogatories—Unlawful Detainer on the answering party (tenant or landlord) and any other involved parties according to the California Code of Civil Procedure sections 2030.010-2030.410.
2
Ensure that proof of service is completed and filed with the court, documenting the method and date of service for each party as required by law.
3
Await responses from the answering party. They are generally required to reply within five days after service, as detailed in sections 2030.260–2030.270 of the Code of Civil Procedure.
4
Review the answers provided by the tenant or landlord thoroughly. If any answers are insufficient or objections are raised, consider filing a motion to compel further responses with the court.
5
Decide the next course of action based on the answers received, such as preparing for a trial or arranging a settlement meeting, depending on the information revealed through the interrogatories.
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The information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.
