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Blank California Fi 128 PDF Form

The California Fi 128 form is a set of interrogatories specifically designed for use in unlawful detainer proceedings. This form provides a structured way for parties involved in a rental dispute to gather and exchange information relevant to the case. For those needing to complete this form, please click the button below to get started.

Article Guide

The California FI 128 form is a crucial document used in unlawful detainer proceedings, which are legal actions initiated by landlords to regain possession of rental properties. This form includes several key sections that guide both the asking and answering parties through the legal process. It requires the identification of the parties involved, including the attorney or unlawful detainer assistant, and outlines specific instructions for completing the form. The form also contains interrogatories, which are a series of questions that the asking party can use to gather pertinent information from the answering party. These questions cover various aspects of the tenancy, such as rental agreements, notices to quit, and any claims of habitability issues. Additionally, the form emphasizes the importance of timely responses, outlining the consequences of failing to comply with the requirements. By using the FI 128 form, parties can ensure that they are following the appropriate legal procedures, thus facilitating a smoother resolution to the unlawful detainer case.

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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address):		TEL. NO.:		UNLAWFUL DETAINER ASSISTANT
			(Check one box): An unlawful detainer assistant
				did	did not for compensation give advice or
			assistance with this form. (If one did, state the following):
			ASSISTANT'S NAME:
ATTORNEY FOR (Name):			ADDRESS:
ATTORNEY FOR (Name):

NAME OF COURT AND JUDICIAL DISTRICT AND BRANCH COURT, IF ANY:
			TEL. NO.:

SHORT TITLE OF CASE:			COUNTY OF REGISTRATION:
			REGISTRATION NO.:
			EXPIRES (DATE):
	FORM INTERROGATORIES — UNLAWFUL DETAINER				CASE NUMBER:
	Asking Party:
Answering Party:
	Set No.:

Sec. 1. Instructions to All Parties

(a)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.

(b)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.

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).

(c)In determining whether to use these or any interroga- 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.

(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.

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.

(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.

(c)Each answer must be as complete and straightforward as the information reasonably available to you permits. If an interrogatory cannot be answered completely, answer it to the extent possible.

(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.

(e)Whenever an interrogatory may be answered by referring 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.

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

(DATE)		(SIGNATURE)

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)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]

FORM INTERROGATORIES

UNLAWFUL DETAINER

WEST GROUP

Official Publisher

CCP 2030, 2033.5

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Official Publisher

(c) LANDLORD includes any PERSON 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.

(d)RENTAL UNIT is the premises PLAINTIFF seeks to

recover.

(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.)

(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.

(g)NOTICE TO QUIT includes the original or copy of any notice mentioned in Code of Civil Procedure section 1161 or 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.

(h)ADDRESS means the street address, including the city, state, and zip code.

Sec. 5. Interrogatories

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:

CONTENTS

70.0General

71.0Notice

72.0Service

73.0	Malicious Holding Over	(g)
		(g)
74.0	Rent Control and Eviction Control
75.0 Breach of Warranty to Provide Habitable
	Premises

76.0Waiver, Change, Withdrawal, or Cancellation of Notice to Quit

77.0Retaliation and Arbitrary Discrimination

78.0Nonperformance of the Rental Agreement by Landlord

79.0Offer of Rent by Defendant

80.0Deduction from Rent for Necessary Repairs

81.0Fair Market Rental Value

70.0General

[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.)

Fl-128 [Rev. July 1, 1987]	(Continued)

70.2Is 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.

70.3Does PLAINTIFF share ownership or lack ownership? If so, state the name, the ADDRESS, and the nature and percentage of ownership interest of each owner.

70.4Does PLAINTIFF claim the right to possession other than as an owner of the RENTAL UNIT? If so, state the basis of the claim.

70.5Has PLAINTIFF'S interest in the RENTAL UNIT changed since acquisition? If so, state the nature and dates of each change.

70.6Are there other rental units on the PROPERTY? If so, state how many.

70.7During 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 on the permit or certificate;

(b)the dates of issuance and expiration;

(c)the permit or certificate number.

70.8Has 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:

(a)the purpose of the payment;

(b)the date paid;

(c)the amount;

(d)the form of payment;

(e)the name of the PERSON paying;

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

(g)(any DOCUMENT which evidences payment and the name, ADDRESS, and telephone number of each

PERSON who has the DOCUMENT;

(h)any adjustments or deductions including facts.

70.9State the date defendant first took possession of the

RENTAL UNIT.

70.10State the date and all the terms of any rental agreement between defendant and the PERSON who rented to defendant.

70.11For each agreement alleged in the pleadings:

(a)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;

(b)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;

(c)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;

(d)identify all DOCUMENTS that are part of each modification to the agreement, and for each state

Page 2 of 7

the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT (see also § 71.5);

(e)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);

(f)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).

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:

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

(b)the dates the PERSON managed or maintained the

RENTAL UNIT or PROPERTY;

(c)the PERSON'S responsibilities.

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:

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

(b)the inclusive dates of occupancy;

(c)a description of the portion of the RENTAL UNIT occupied;

(d)the amount paid, the term for which it was paid, and the person to whom it was paid;

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

(f)the name, ADDRESS, and telephone number of the per- son who authorized occupancy;

(g)how occupancy was authorized, including failure of the LANDLORD or PLAINTIFF to protest after discovering the occupancy.

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:

(a)the name, ADDRESS, and telephone number of each individual from whom the DOCUMENT was obtained;

(b)the name, ADDRESS, and telephone number of each individual who obtained the DOCUMENT;

(c)the date the DOCUMENT was obtained;

(d)the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT (original or copy).

71.0Notice

[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.]

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.

71.2 State all reasons that the NOTICE TO QUIT was served and for each reason:

(a)state all facts supporting PLAINTIFF'S decision to terminate defendant's tenancy;

(b)state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts;

(c)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:

(a)the amount;

(b)the date received;

(c)the form in which any payment was made;

(d)the services performed or other basis for which a credit is claimed;

(e)the period covered;

(f)the name of each PERSON making the payment or earning the credit;

(g)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.

71.4 Did defendant ever fail to pay the rent on time? If so, for each late payment state:

(a)the date;

(b)the amount of any late charge;

(c)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.

71.5 Since the beginning of defendant's tenancy, has PLAINTIFF ever raised the rent? If so, for each rent increase state:

(a)the date the increase became effective;

(b)the amount;

(c)the reasons for the rent increase;

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

(e)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.

[See also section 70.11(d)–(f).]

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.

71.7 Has any PERSON ever reported any nuisance or disturbance at or destruction of the RENTAL UNIT or PROPERTY caused by defendant or other occupant of the RENTAL UNIT or their guests? If so, for each report state;

(a)a description of the disturbance or destruction;

(b)the date of the report;

(c)the name of the PERSON who reported;

(d)the name of the PERSON to whom the report was made;

(e)what action was taken as a result of the report;

(f)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.

Fl-128 [Rev. July 1, 1987]

(Continued)

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Page 3 of 7

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:

(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.

71.9 Does the complaint allege that the defendant has been using the RENTAL UNIT for an illegal purpose? If so, for each purpose:

(a)identify the illegal purpose;

(b)state the facts supporting the allegations of illegal use;

(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.

73.0 Malicious Holding Over

[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.]

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.

73.2 Has defendant made any attempts to secure other premises since the service of the NOTICE TO QUIT or since the service of the summons and complaint? If so, for each attempt:

(a)state all facts indicating the attempt to secure other premises;

(b)state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts;

(c)identify all DOCUMENTS that support the facts and state the name, ADDRESS, and telephone number of each PERSON who has each DOCUMENT.

73.3 State the facts upon which PLAINTIFF bases the allegation of malice.

[Additional interrogatories on this subject may be found in sections 75.0, 78.0, 79.0, and 80.0.]

72.0 Service

74.0 Rent Control and Eviction Control

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.

[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.]

72.1Does 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

72.2through 72.3.

72.2 Does PLAINTIFF contend that the NOTICE TO QUIT referred to in the complaint was served? If so, state:

(a)the kind of notice;

(b)the date and time of service;

(c)the manner of service;

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

(e)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:

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

(b)the kind of notice;

(c)how it was delivered;

(d)the date received;

(e)where it was delivered;

(f)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.

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.

74.4 Is this proceeding based on allegations of a need to recover the RENTAL UNIT for use of the LANDLORD or the landlord's relative? If so, for each intended occupant state:

(a)the name;

(b)the residence ADDRESSES from three years ago to the present;

(c)the relationship to the LANDLORD;

(d)all the intended occupant's reasons for occupancy;

(e)all rental units on the PROPERTY that were vacated within 60 days before and after the date the NOTICE TO QUIT was served.

74.5Is 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:

(a)each reason for removing the RENTAL UNIT from residential use;

(b)what physical changes and renovation will be made to the RENTAL UNIT;

(c)the date the work is to begin and end;

(d)the number, date, and type of each permit for the change or work;

Fl-128 [Rev. July 1, 1987]

(Continued)

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Page 4 of 7

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(e)

the identity of

each DOCUMENT evidencing the

(g) the response made to the notice;

intended activity

(for

example,

blueprints,

plans,

(h) the efforts made to correct the conditions;

applications for financing, construction contracts) and

(i) whether

the

PERSON who gave

notice

was

the name, ADDRESS, and telephone number of each

occupant

the PROPERTY at

the time

the

PERSON who has each DOCUMENT.

complaint.

74.6 Is the proceeding based on any ground other than

75.4 During the period beginning 36 months before the

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

NOTICE TO QUIT was served to the present, was the

(a) state each fact supporting or opposing the ground;

RENTAL UNIT or PROPERTY (including other rental

(b) state the names, ADDRESSES, and telephone numbers

units) inspected for dilapidations or defective conditions

of all PERSONS who have knowledge of the facts;

by a representative of any governmental agency? If so,

(c)

identify all DOCUMENTS evidencing the facts and state

for each inspection state:

the name, ADDRESS, and telephone number of each

(a)the date;

PERSON who has each DOCUMENT.

(b) the reason;

75.0 Breach of Warranty to Provide Habitable Premises

(d) the name, ADDRESS, and telephone number

[If plaintiff alleges nonpayment of rent and defendant bases his

each inspector;

(e) the identity of each DOCUMENT evidencing each

defense on allegations of implied or express breach of warranty

inspection and the name, ADDRESS, and telephone

to provide habitable residential premises, then either party may

number of each PERSON who has it.

ask any applicable question in this section.]

75.5 During the period beginning 36 months before the

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

NOTICE TO QUIT was served to the present, did

local building codes, housing codes, or health codes,

PLAINTIFF or LANDLORD receive a notice or other

conditions of dilapidation, or other conditions in need of

communication regarding the condition of the RENTAL

repair in the RENTAL UNIT or on the PROPERTY that

UNIT or PROPERTY (including other rental units) from

affected the RENTAL UNIT at any time defendant has been

a governmental agency? If so, for each notice or

in possession? If so, state:

communication state:

(a) the type of condition;

(a) the date received;

(b) the kind if corrections or repairs needed;

(b) the identity of all parties;

(d) how these conditions were caused;

(d) the identity

of each DOCUMENT evidencing the

(e) the name, ADDRESS, and telephone number of each

notice or communication and the name, ADDRESS,

PERSON who has caused these conditions.

and telephone number of each PERSON who has

75.2 Have any corrections, repairs, or improvements been

it.

75.6 Was there any corrective action taken in response

made to the RENTAL UNIT since the RENTAL UNIT was

to the inspection or notice or communication identified in

rented to defendant?

If so,

for each correction, repair, or

sections 75.4 and 75.5? If so, for each:

improvement state:

(a) identify the notice or communication;

(a)

a description giving the nature and location;

(b) identify the condition;

(b)

the date;

(d) identify

each DOCUMENT

evidencing

the

PERSON who made the repairs or improvements;

corrective action and the name, ADDRESS, and

(d) the cost;

telephone number of each PERSON who has it.

(e) the identity of any DOCUMENT evidencing the repairs or

75.7 Has the PROPERTY been appraised for sale or loan

improvements;

during the period beginning 36 months before the

(f)

if a building permit was issued, state the issuing agencies

NOTICE TO QUIT was served to the present? If so, for

and the permit number of your copy.

each appraisal state:

(a)

the date;

75.3 Did defendant or any other PERSON during 36 months

(b) the name, ADDRESS, and telephone number of the

before the NOTICE TO QUIT was served or during

appraisal

defendant's possession of the RENTAL UNIT notify the

LANDLORD or his agent or employee about the condition of

(d) the identity

of each DOCUMENT evidencing

the

the RENTAL UNIT or PROPERTY? If so, for each written or

appraisal and the name, ADDRESS, and telephone

oral notice state:

number of each PERSON who has it.

(a) the substance;

75.8 Was any condition requiring repair or correction at

(b) who made it;

the PROPERTY or RENTAL UNIT caused by

defendant or other occupant of the RENTAL UNIT or

(d) the name and ADDRESS of each PERSON to whom it

their guests? If so, state:

was made;

(a)

the type and location of condition;

(e) the name and ADDRESS of each person who knows

(b)

the kind of corrections or repairs needed;

about it;

(c)

how and when you learned of these conditions;

(f) the identity of each DOCUMENT evidencing the and the

(d)

how and when these conditions were caused;

name, ADDRESS, and

telephone

number

of each

(e)

the name, ADDRESS, and telephone number of

PERSON who has it;

each PERSON who caused these conditions;

(Continued)

Fl-128 [Rev. July 1, 1987]

Page 5 of 7

(f)

the identity of each DOCUMENT evidencing the repair

(b) when it was made;

(or correction) and the name, ADDRESS, and telephone

number of each PERSON who has it.

(d) by whom and to whom;

[See also section 71.0 for additional questions.]

(e) the name and ADDRESS of each person who knows

about it;

76.0 Waiver, Change, Withdrawal, or Cancellation of Notice

(f) whether

all

promised repairs,

alterations,

to Quit

improvements were completed or services provided;

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

(g) the reasons for any failure to perform;

(h) the identity of

each

DOCUMENT evidencing

the

cancellation of the NOTICE TO QUIT, then either party may ask

agreement or promise and the name, ADDRESS, and

any applicable question in this section.]

telephone number of each PERSON who has it.

76.1 Did the PLAINTIFF or LANDLORD or anyone acting on

78.2 Has PLAINTIFF or LANDLORD or any resident of

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

the PROPERTY ever committed disturbances or

waiver, change, withdrawal, or cancellation of the NOTICE

interfered with the quiet enjoyment of the RENTAL UNIT

TO QUIT? If so:

(including,

for

example, noise,

acts

which

threaten

the

(a)

state the facts supporting this allegation;

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

(b) state the names, ADDRESSES, and telephone numbers

for each disturbance or interference, state:

of all PERSONS who have knowledge of these facts;

(a)

a description of each act;

fact sand

(b)

the date of each act;

state the name, ADDRESS,

and telephone

number of

each PERSON who has it.

PERSON who acted;

(d) the name, ADDRESS, and telephone number of each

76.2 Did the PLAINTIFF or LANDLORD accept rent which

PERSON who witnessed each act and any DOC-

covered a period after the date for vacating the RENTAL

UMENTS evidencing the person's knowledge;

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

(e) what action was taken by the PLAINTIFF or LAND-

(a)

state the facts;

LORD to end or lessen the disturbance or interference.

(b) state the names, ADDRESSES, and telephone numbers

79.0 Offer of Rent by Defendant

of all PERSONS who have knowledge of the facts;

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

which was refused, then either party may ask any applicable

state the name, ADDRESS, and telephone number of

each PERSON who has it.

question in this section.]

79.1 Has

defendant or anyone acting on the defendant's

77.0 Retaliation and Arbitrary Discrimination

behalf offered any payments to PLAINTIFF which

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

PLAINTIFF refused

to accept? If so, for each offer state:

(a)

the amount;

then either party may ask any applicable question in this

(b)

the date;

section.]

(c)

purpose of offer;

77.1 State all reasons that the NOTICE TO QUIT was served

(d) the manner of the offer;

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

(e) the identity of the person making the offer;

reason:

(f) the identity of the person refusing the offer;

(a)

state all facts supporting

PLAINTIFF'S decision to

(g) the date of the refusal;

(h) the reasons for the refusal.

terminate or not renew defendant's tenancy;

(b)

state the names, ADDRESSES, and telephone numbers

80.0 Deduction from Rent for Necessary Repairs

of all PERSONS who have knowledge of the facts;

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

(c)

identify all DOCUMENTS that support the facts and state

of retaliatory

eviction,

then

either party

may

ask

any

the name, ADDRESS, and telephone number of each

applicable question

this section. Additional

questions in

PERSON who has it.

section 75.0 may also be applicable.]

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

[If a defense is based on nonperformance of the rental

repairs?

the

answer

"no,"

not

answer

agreement by the LANDLORD or

someone acting on the

interrogatories 80.2 through 80.6.

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

80.2 For each condition in need of repair for which a

question in this section.]

deduction was made, state:

78.1 Did the LANDLORD or anyone acting on the

(a)

the nature of the condition;

LANDLORD'S behalf agree to make repairs, alterations, or

(b)

the location;

improvements at any time or provide services to the

(c)

the date the condition was discovered by defendant;

PROPERTY or RENTAL UNIT? If so, for each agreement

(d)

the date the condition was first known by LANDLORD

state:

or PLAINTIFF;

(a) the substance of the agreement;

(Continued)

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Fl-128 [Rev. July 1, 1987]

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(e)the dates and methods of each notice to the

LANDLORD or PLAINTIFF of the condition;

(f)the response or action taken by the LANDLORD or PLAINTIFF to each notification;

(g)the cost to remedy the condition and how the cost was determined;

(h)the identity of any bids obtained for the repairs and any DOCUMENTS evidencing the bids.

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:

(a)the date it was made;

(b)how it was made;

(c)the response and date;

(d)why the delay was unreasonable.

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 or PLAINTIFF to make the repairs? If so, state all facts on which the claim of insufficiency is based.

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.

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.

81.0 Fair Market Rental Value

[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]

81.1 Do you have an opinion on the fair market rental value of the RENTAL UNIT? If so, state:

(a)the substance of your opinion;

(b)the factors upon which the fair market rental value is based;

(c)the method used to calculate the fair market rental value.

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:

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

(b)state the substance of the PERSON's opinion;

(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.

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:

(a)the conditions in need of repair;

(b)the kind of repairs needed;

(c)the name, ADDRESS, and telephone number of each PERSON who caused these conditions.

Fl-128 [Rev. July 1, 1987]

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➤ PDF File

Form Specifications

Fact Name	Fact Description
Form Purpose	The California Fi 128 form is used in unlawful detainer proceedings to facilitate the exchange of information between parties involved in a landlord-tenant dispute.
Governing Law	This form is governed by the California Code of Civil Procedure, specifically sections 2030, 2033.5, 128.5, and 128.7.
Interrogatories	The form includes a set of interrogatories that parties can use to gather information relevant to the unlawful detainer case.
Response Time	Parties typically have five days to respond to the interrogatories after being served, according to the California Code of Civil Procedure.
Verification Requirement	Answers to the interrogatories must be verified, dated, and signed to ensure their authenticity.
Use of Additional Interrogatories	Parties may attach additional interrogatories if needed, allowing for more detailed inquiries beyond those listed on the form.
Consequences of Non-Response	Failure to properly respond to interrogatories can result in sanctions, including fines, attorney fees, or even contempt proceedings.
Definition of Terms	The form defines key terms, such as "PERSON," "PLAINTIFF," and "RENTAL UNIT," to clarify their meanings within the context of the unlawful detainer process.

California Fi 128: Usage Guidelines

Filling out the California Fi 128 form is an essential step in unlawful detainer proceedings. This form requires specific information from both the asking and answering parties to ensure a fair process. Completing it accurately can help avoid delays or complications in your case.

Provide Your Information: At the top of the form, fill in your name and address. If you have an attorney, include their name and contact information as well.
Unlawful Detainer Assistant: Indicate whether an unlawful detainer assistant helped you with this form by checking the appropriate box. If assistance was provided, write the assistant's name.
Attorney Information: If you are represented by an attorney, include their name and address in the designated section.
Court Information: Fill in the name of the court where your case is being heard, along with the judicial district and branch court, if applicable.
Case Details: Enter the short title of your case, the county of registration, registration number, and the expiration date of the registration.
Interrogatories Section: In this section, you will check the boxes next to the interrogatories you want the answering party to respond to. Make sure to select those that are relevant to your case.
Answering Party Information: Specify the names of both the asking party and the answering party, along with the case number and set number.
Complete Interrogatories: For each interrogatory, provide the necessary details as required. Be thorough and clear in your responses.
Verification: At the end of your responses, include a verification statement declaring that your answers are true and correct. Sign and date this section.
Review: Before submitting, review the entire form for accuracy and completeness. Make sure all necessary sections are filled out.

Once you have completed the form, it is crucial to serve copies of your responses to all other parties involved in the case. Adhering to the deadlines and requirements outlined in the Code of Civil Procedure will help ensure that your case proceeds smoothly.

Your Questions, Answered

What is the purpose of the California Fi 128 form?

The California Fi 128 form is designed for use in unlawful detainer proceedings, which are legal actions initiated by landlords to regain possession of rental properties. This form includes a series of interrogatories that help both parties gather relevant information about the tenancy and any disputes that may have arisen. By using this form, the asking party can request specific information from the answering party, which can aid in resolving the case efficiently.

Who can use the California Fi 128 form?

Both landlords and tenants involved in an unlawful detainer action can utilize the California Fi 128 form. It is particularly beneficial for landlords seeking to clarify the circumstances surrounding a tenant's occupancy, payment history, and any potential breaches of the rental agreement. Tenants may also use the form to gather information that supports their defense against eviction. However, it is crucial for both parties to adhere to the instructions provided in the form to ensure compliance with legal requirements.

What are the consequences of not responding to the interrogatories in the California Fi 128 form?

Failure to respond to the interrogatories can lead to serious repercussions. The answering party is required to provide complete and timely responses to each interrogatory checked by the asking party. If a party neglects to respond properly, they may face sanctions, including fines, attorney fees, and even contempt proceedings. In some cases, a failure to respond could jeopardize the party's position in the case, potentially leading to a loss of the lawsuit.

What should I do if I cannot fully answer an interrogatory on the California Fi 128 form?

If you find yourself unable to fully answer an interrogatory, it is important to respond to the best of your ability. Indicate the extent of your knowledge and make a reasonable effort to obtain the necessary information from other sources. If certain details are equally accessible to the asking party, you may mention that as well. Additionally, if a document can provide the answer, you can attach it as an exhibit and reference it in your response. Remember, clarity and good faith efforts to provide information are essential.

Common mistakes

Inaccurate Information: Many individuals provide incorrect details about their personal information, such as their name, address, or contact number. Double-checking these details is essential to avoid delays or complications.
Missing Signatures: Some people forget to sign the form. A signature is crucial as it verifies the authenticity of the information provided. Without it, the form may be considered incomplete.
Failing to Respond to Interrogatories: Individuals sometimes neglect to answer all interrogatories that are checked by the asking party. Each question must be addressed fully to avoid potential sanctions.
Not Following Instructions: The form contains specific instructions that must be followed. Ignoring these can lead to errors or omissions that may affect the case.
Missing Deadlines: Timeliness is key. Responding to interrogatories within the required time frame is vital. Missing deadlines can result in penalties, including fines or loss of the case.

Documents used along the form

The California Fi 128 form is a crucial document used in unlawful detainer proceedings, primarily concerning landlord-tenant disputes. Alongside this form, several other documents often play important roles in the legal process. Below is a list of commonly used forms and documents that may accompany the Fi 128.

Notice to Quit: This document informs a tenant that they must vacate the rental property. It typically outlines the reasons for eviction and the timeframe in which the tenant must leave.
Summons: A summons is a legal document issued by the court to notify the tenant of the lawsuit filed against them. It provides information about the court date and the nature of the complaint.
Complaint: This document outlines the landlord's claims against the tenant, including the reasons for seeking eviction and any unpaid rent or damages.
Proof of Service: This form demonstrates that the tenant has been properly served with legal documents, such as the summons and complaint. It includes details about how and when the documents were delivered.
Response to Complaint: The tenant may file a response to the complaint, addressing the claims made by the landlord. This document allows the tenant to present their side of the story and any defenses they may have.
Request for Trial: If the tenant contests the eviction, they may file a request for trial. This document formally asks the court to schedule a hearing to resolve the dispute.
Interrogatories: These are written questions that one party sends to the other to gather information relevant to the case. They help clarify facts and can be used to prepare for trial.
Exhibits: Exhibits are documents or evidence presented in court to support a party's claims or defenses. This may include photographs, contracts, or any other relevant materials.

Understanding these additional forms and documents is essential for anyone involved in unlawful detainer proceedings in California. Each plays a specific role in the legal process, ensuring that both parties have the opportunity to present their case effectively.

Similar forms

California Form FL-130: This form is used for child custody and visitation requests. Similar to the Fi 128, it requires parties to provide detailed information and answer specific questions related to their circumstances, ensuring that all relevant information is presented to the court.
California Form FL-150: This form is a financial affidavit that helps establish financial obligations in family law cases. Like the Fi 128, it requires parties to disclose financial information in a structured manner, ensuring transparency in proceedings.
California Form UD-100: This is the complaint form for unlawful detainer actions. Both the UD-100 and Fi 128 are used in landlord-tenant disputes and require specific details about the parties involved and the nature of the complaint.
California Form UD-105: This form is used to respond to an unlawful detainer complaint. Similar to the Fi 128, it requires the responding party to answer specific questions regarding their defense against the eviction.
California Form CIV-100: This is a general civil case cover sheet. Like the Fi 128, it serves to provide essential information about the parties and the nature of the case, helping the court manage its docket effectively.
California Form POS-030: This is a proof of service form used to confirm that documents have been properly served to the other party. Similar to the Fi 128, it ensures that all parties are informed and have received necessary documentation.
California Form SC-100: This is a small claims court plaintiff's claim form. Like the Fi 128, it requires parties to provide detailed information about their claims and the parties involved, facilitating a fair hearing.
California Form SC-120: This is a small claims response form. It serves a similar purpose as the Fi 128 by allowing the responding party to provide their side of the dispute in a structured format.
California Form MC-030: This is a request for accommodation form for parties with disabilities. Like the Fi 128, it aims to ensure that all parties can participate fully in the legal process by providing necessary information to the court.
California Form FL-300: This is a request for order form used in family law cases. Similar to the Fi 128, it allows parties to formally request the court to make a decision on specific issues, ensuring that all relevant details are presented.

Dos and Don'ts

When filling out the California FI 128 form, it is crucial to adhere to specific guidelines to ensure accuracy and compliance. Below is a list of things you should and shouldn't do.

Do provide accurate and complete information in all sections of the form.
Do check the box next to each interrogatory that you want the answering party to respond to.
Do attach any additional interrogatories if necessary.
Do verify, date, and sign your answers to the interrogatories.
Do respond to each interrogatory in a clear and straightforward manner.

Don't leave any sections blank unless instructed to do so.
Don't provide information that you do not have personal knowledge of without making a good faith effort to obtain it.
Don't ignore deadlines for serving your responses on the asking party and other parties involved.
Don't submit incomplete answers, as this may lead to sanctions or penalties.

Misconceptions

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

This form is designed for both landlords and tenants involved in unlawful detainer proceedings. It serves as a tool for both parties to present their cases effectively.

Misconception 2: The form is optional and can be ignored.

While the use of the Fi 128 form is optional, failing to respond to interrogatories may lead to serious consequences, including sanctions or even loss of the case.

Misconception 3: Responses to the form do not need to be timely.

Timeliness is crucial. Generally, responses must be served within five days after receiving the interrogatories. Delays can result in penalties.

Misconception 4: You can provide incomplete answers without consequences.

Every interrogatory must be answered completely to the best of your ability. Incomplete responses can lead to sanctions, including contempt proceedings.

Misconception 5: The Fi 128 form does not require verification.

All answers must be verified, dated, and signed. This verification affirms that the information provided is true and correct under penalty of perjury.

Misconception 6: You can attach any document without proper reference.

When attaching documents as exhibits, it is essential to refer to them correctly in your responses. This ensures clarity and aids in understanding the information provided.

Misconception 7: There are no restrictions on the number of interrogatories.

There are specific limits on the number of interrogatories that can be asked. Understanding these restrictions is vital to avoid potential sanctions for abuse of the process.

Key takeaways

The California Fi 128 form is essential for unlawful detainer proceedings, primarily used to facilitate communication between parties involved in a rental dispute.
It is important to accurately fill in the attorney or party information at the top of the form, including names, addresses, and contact numbers, as this establishes the parties involved.
When indicating whether an unlawful detainer assistant provided help, be honest. If assistance was given, the assistant's name must be included.
Interrogatories included in the form are designed for optional use. Carefully select which questions are applicable to your case, as this can streamline the process.
Responding parties must answer each interrogatory checked by the asking party. Failure to do so can result in serious consequences, including fines or contempt proceedings.
Responses to interrogatories should be provided within five days of being served. This ensures timely communication and helps maintain the legal timeline.
Each answer must be as complete as possible. If you cannot fully answer an interrogatory, explain why and make a good faith effort to obtain the necessary information.
Verification of responses is crucial. Each answer must be signed and dated, affirming the truthfulness of the information provided under penalty of perjury.