Proposed Jury Instructions Unlawful Detainer

1 Marina J Boyd, Pro Se Defendant
10951 National Blvd., Apt 302

2 Los Angeles, California 90064
(310) 663-4811
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF LOS ANGELES — UNLIMITED JURISDICTION
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SHABY FAMILY INVESTMENTS, LP ) CASE NO. 17SMUD00822
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)
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Plaintiff, ) PROPOSED JURY INSTRUCTIONS
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vs. )
14 ) Date: February 1, 2018
MARINA J BOYD ) Time: 8:30 a.m. Dept: WE-S
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)
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Defendant. ) Assigned to: Hon. Mark Young, Judge Presiding
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18 ___________________________________ )
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NOTICE OF DEPOSITION OF “PERSON MOST KNOWLEDGABLE”

1 Jury Instructions/Special Authorities
2 CACI. 4326
3 No._________
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5 Requested by Plaintiff X Requested by Defendant Requested By
6 Given as Requested Given as Modified Given on Courts Motion

7 Refused
8 Withdrawn Judicial Officer
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10 AFFIRMATIVE DEFENSE REPAIR AND DEDUCT

11 Marina J Boyd claims that she does not owe any amount of rent because she was not given credit
12 against the rent for repairs performed during the period for which rent was not paid. To succeed
13 on this defense, Marina J Boyd must prove the following:
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15 1. Marina J Boyd gave notice to Shaby Family Investments of one or more conditions on the
16 premises in need of repair;
17 2. Shaby Family Investments did not make the requested repairs within a reasonable time after
18 receiving notice;
19 3. Marina J Boyd spent $1,005 to make the repairs and gave Shaby Family Investments notice of
20 $620 of the total expenditure;
21 4. Shaby Family Invesments did not give Marina J Boyd credit for this amount against the rent that
22 was due; and
23 5. Marina J Boyd had not exercised the right to repair and deduct more than once within the 12
24 months before the month for which the cost of repairs was deducted from the rent.
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26 If Marina J Boyd acts to repair and deduct more than 30 days after the notice, she is presumed to
27 have waited a reasonable time. This presumption may be overcome by evidence showing that a
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shorter or longer period is more reasonable.

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2 CACI. 4320
3 No._________
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7 Refused
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10 AFFIRMATIVE DEFENSE – IMPLIED WARRANTY OF HABITABILITY

11 Defendant Marina J Boyd claims that she does not owe any rent because Shaby Family Investments
12 did not maintain the property in a habitable condition. To succeed on this defense, Marina J Boyd
13 must prove that Shaby Family Investments failed to provide one or more of the following:
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15 California Health and Safety Code 17920.3(a)(11) Dampness of habitable rooms.

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17 Marina J Boyd’s failure to meet these requirements does not necessarily mean that the property
18 was not habitable. The failure must be substantial.
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2 CACI. 4320
3 No._________
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7 Refused
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10 AFFIRMATIVE DEFENSE – IMPLIED WARRANTY OF HABITABILITY

11 Defendant Marina J Boyd claims that she does not owe any rent because Shaby Family Investments
12 did not maintain the property in a habitable condition. To succeed on this defense, Marina J Boyd
13 must prove that Shaby Family Investments failed to provide one or more of the following:
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15 California Health and Safety Code 17920.3(a)(13) Visible mold growth, as determined by a health
16 officer or a code enforcement officer, as defined in Section 829.5 of the Penal Code, excluding the
17 presence of mold that is minor and found on surfaces that can accumulate moisture as part of their
18 properly functioning and intended use.
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20 Marina J Boyd’s failure to meet these requirements does not necessarily mean that the property
21 was not habitable. The failure must be substantial.
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2 CACI. 4321
3 No._________
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7 Refused
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10 AFFIRMATIVE DEFENSE – RETALIATORY EVICTION – TENNANT’S COMPLAINT

11 (CIVIL CODE 1942.5)
12 Marina J Boyd claims that Shaby Family Investments is not entitled to evict her because Shaby
13 Family Investments filed this lawsuit in retaliation for Marina J Boyd having exercised her rights
14 as a tenant. To succeed on this defense, Marina J Boyd must prove all of the following:
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16 1. That Marina J Boyd was not in default in the payment of her rent because she lawfully exercised
17 her right to repair and deduct when the landlord failed to do so, and withheld rent due to
18 substandard habitability conditions which the landlord did not repair.
19 2. That Shaby Family Investments filed this lawsuit in retaliation because Marina J Boyd had
20 complained about the condition of the property to Shaby Family Investments and
21 3. That [name of plaintiff] filed this lawsuit within 180 days after September 6, 2017, the date on
22 which Marina J Boyd, in good faith, gave notice to Shaby Family Investments regarding the
23 conditions of the property.
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25 Even if Marina J Boyd has proved that Shaby Family Investments filed this lawsuit with a
26 retaliatory motive, Shaby Family Investments is still entitled to possession of the premises if it
27 proves that it also filed the lawsuit in good faith for a reason stated in the 3 day notice.
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2 CACI. 4321 Schweiger v. Superior Court (1970) 3 Cal.3d 507
3 No._________
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7 Refused
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10 AFFIRMATIVE DEFENSE – RETALIATORY EVICTION – TENNANT’S COMPLAINT

11 (CIVIL CODE 1942.5)
12 “where a tenant factually establishes that the landlord instituted a[n] eviction action because the
13 tenant made a demand for repairs pursuant to sections 1941 and 1942 of the Civil Code, such
14 proof will bar eviction.”
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2 CACI. 4320 Green v. Superior Court (1974) 10 Cal.3d 616, 635
3 No._________
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7 Refused
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IMPLIED WARRANTY OF HABITABILITY
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It is now well settled that the tenants' duty to pay rent is mutually dependent upon the landlord's
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fulfillment of his implied warranty of habitability.
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2 WDT-Winchester v. Nilsson (1994) 27 Cal.App.4th
3 No._________ 516
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7 Refused
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10 3 DAY NOTICE OF TERMINATION OF TENANCY

11 “An unlawful detainer plaintiff must strictly adhere to statutory and technical
12 requirements in order to prevail.”
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2 Baugh v. Consumers Associates, Ltd. (1966) 241
3 No._________ Cal.App.2d 672
4 Boyd v. Carter, 227 Cal. App. th Supp. 1, 174 2014
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Requested by Plaintiff X Requested by Defendant Requested By
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Given as Requested Given as Modified Given on Courts Motion
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Refused
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Withdrawn Judicial Officer
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3 DAY NOTICE OF TERMINATION OF TENANCY
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“summary nature of unlawful detainer requires strict adherence to statutory
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requirements”
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2 Skaggs v. Emerson (1875) 50 Cal. 3, 6;
3 No._________ Giraud v. Milovich (1938), 29 Cal.App.2d 543
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Refused
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IMPLIED WARRANTY OF HABITABILITY
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“The tenant's obligation to pay rent and the landlord's warranty of habitability are
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mutually dependent. If the tenant can prove such breach by the landlord, he may
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demonstrate that his nonpayment of rent was justified and that no rent is in fact 'due
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and owing' to the landlord”
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“Under such circumstances, of course, the landlord would not be entitled to
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possession of the premises”
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2 Levitz Furniture Co. v. Wingtip Communications, Inc.
3 No._________ (2001) 86 Cal.App.4th 1035
4 Nourafchan v. Miner (1985) 169 Cal.App.3d 746
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Refused
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11 3 DAY NOTICE TO PAY RENT OR QUIT
12 “As noted above, one of the statutory requirements for an unlawful detainer is the
13 service of a three-day notice stating the amount of past-due rent. (§ 1161, subd. 2.)”
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15 “The amount of rent must be stated accurately. “A notice that seeks rent in excess of
16 the amount due is invalid and will not support an unlawful detainer action”
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2 CACI. 4326 Lee v. Vignoli, (1979) 98 Cal. App. 3d Supp. 24
3 No._________
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5 Requested by Plaintiff Requested by Defendant Requested By

7 Refused
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10 AFFIRMATIVE DEFENSE REPAIR AND DEDUCT

11 “If the landlord sues to evict the tenant for nonpayment of the withheld rent, the
12 tenant's answer may allege the facts constituting the breach of implied warranty and
13 “rent abatement allows tenants to remain in possession of the premises without
14 paying rent”
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2 Kruger v. Reyes, 232 Cal. App. 4th Supp. 10, 2014).
3 No._________
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7 Refused
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10 3 DAY NOTICE TO PAY RENT OR QUIT

11 “a notice to pay rent or quit which overstates the rent due is ineffective and will not
12 support an action for unlawful detainer”
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2 Valov v. Tank (1985) 168 Cal.App.3d 867
3 No._________ Briggs v. Electronic Memories & Magnetics Corp.
(1975) 53Cal.App.3d 900
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7 Refused
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10 LANDLORD OBLIGATION TO ADHER TO SPECIAL PROCEDING STATUTE
11 A condition involving a forfeiture must be strictly interpreted against the party for
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whose benefit it is created, because unlawful detainer is an action seeking forfeiture
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and is a summary proceeding in which the defendant’s normal procedural rights are
15 limited, the courts strictly construe the statutory procedures that regulate unlawful
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detainers and require strict compliance with all statutory requirements.
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19 The purpose of an unlawful detainer action is to recover possession of the premises

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for the landlord. Since an action in unlawful detainer involves a forfeiture of the
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22 tenant’s right to possession, one of the matters that must be pleaded and proved for
23 unlawful detainer is that the tenant remains in possession of the premises. Obviously
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this cannot be established where the tenant has surrendered the premises to landlord
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26 prior to the filing of the complaint. In such a situation the landlord’s remedy is an
27 action for damages and rent.

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2 VF. 4301
3 No._________
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7 Refused
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10 VF-4301.
11 TERMINATION DUE TO FAILURE TO PAY RENT – AFFIRMATIVE DEFENSE –
12 BREACH OF IMPLIED WARRANTY OF HABITABILTY
13 We answer the questions submitted to us as follows:
14 1. Did Marina J Boyd fail to make at least one rental payment to Shaby Family Investments as
15 required by the lease? 1. _____Yes _____No.
16 If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer
17 no further questions, and have the presiding juror sign and date this form.
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19 2. Did Shaby Family Investments, LP properly give Marina J Boyd a written notice to pay the rent
20 or vacate the property at least three days before September 27, 2017? 2. _____Yes _____No
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24 3. Was the amount due stated in the notice no more than the amount that Marina J Boyd actually
25 owed under the lease? 3. _____Yes _____No
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28 4. Did Marina J Boyd pay [or attempt to pay] the amount stated in the notice within three days
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after service or receipt of the notice? 4. _____Yes _____No.

1 If your answer to question 4 is no, then answer questions 5 and6. If you answered yes, stop here,
2 answer no further questions, and have the presiding juror sign and date this form.
3 5. What is the amount of unpaid rent that Marina J Boyd would owe to Shaby Family Investments
4 if the property was in a habitable condition? $___________________.
6 5. Include all amounts owed and unpaid from August 16, 2017 through September 15, 2017, the
7 date of expiration of the three-day notice. Total Unpaid Rent: $ __________________.
9 6. Did the Shaby Family Investments, LP fail to provide substantially habitable premises during
10 the time period for which Marina J Boyd failed to pay the rent that was due? 6. _____Yes _____No
11 6. If your answer to question 6 is yes, then answer question 7. If you answered no, answer question
12 8.
13 7. Did Marina J Boyd contribute substantially to the uninhabitable conditions or interfere
14 substantially with Shaby Family Investments, LP’s ability to make necessary repairs?
15 7. _____Yes _____No
16 If your answer to question 7 is yes, then answer question 8. If you answered no, [stop here, answer
17 no further questions, and have the presiding juror sign and date this form. The court will determine
the amount by which the rent due found in question 5 should be reduced because of uninhabitable
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conditions/skip question 8 and answer question 9].
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8. What are Shaby Family Investments, LP’s damages? $________________________
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8. Determine the reasonable rental value of the property from September 18, 2017, the date of
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expiration of the three-day notice, through ____________________.
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Total Damages: $_______________________.
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9. What is the amount of reduced monthly rent that represents the reasonable rental value of the
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property in its uninhabitable condition? $________________________.
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Signed: Presiding Juror:________________________________
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1 Dated:
2 After [this verdict form has/all verdict forms have] been signed, notify the [clerk/bailiff/court
3 attendant] that you are ready to present your verdict in the courtroom.
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2 CACI. 4342
3 No._________
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7 Refused
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10 REDUCED RENT FOR BREACH OF HABIBABILITY

11 If you find that there has been a substantial breach of habitability, then you must find the reasonable
12 reduced rental value of the property based on the uninhabitable conditions. To find this value, take
13 the amount of monthly rent required by the [lease/rental agreement/sublease] and reduce it by the
14 [dollar amount/ [or] percent] that you consider to reflect the uninhabitable conditions. Apply this
15 reduction for the period of time, up to present, that the conditions were present. [You may make
16 different reductions for different months if the conditions did not affect habitability uniformly over
17 that period of time.
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2 CACI. 4302
3 No._________
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5 Requested by Plaintiff Requested by Defendant Requested By

7 Refused
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TERMINATION FOR FAILURE TO PAY RENT
11 Shaby Family Investments, LP claims that Marina J Boyd no longer has the right to occupy the
property because Marina J Boyd has failed to pay the rent.
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To establish this claim, Shaby Family Investments, LP must prove all of the following:
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14 1. That Shaby Family Investments, LP owns the property;
15 2. That Shaby Family Investments, LP leased the property to Marina J Boyd;
16 3. That under the lease Marina J Boyd was required to pay rent in the amount of $2500 per month;
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4. That Shaby Family Investments, LP properly gave Marina J Boyd three days’ written notice to
18 pay the rent or vacate the property;
19 5. That as of [date of three-day notice], at least the amount stated in the three-day notice was due;
20 6. That Marina J Boyd did not pay the amount stated in the notice within three days after receipt
of the notice; and
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22 7. That Marina J Boyd is still occupying the property.
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1 the purpose of an unlawful detainer action is to recover possession of the premises for the landlord.
2 Since an action in unlawful detainer involves a forfeiture of the tenant’s right to possession, one
of the matters that must be pleaded and proved for unlawful detainer is that the tenant remains in
3 possession of the premises. Obviously this cannot be established where the tenant has surrendered
the premises to landlord prior to the filing of the complaint. In such a situation the landlord’s
4 remedy is an action for damages and rent.” (Briggs v. Electronic Memories & Magnetics Corp.
(1975) 53Cal.App.3d 900, 905–906 [126 Cal. Rptr. 34
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6 “Proper service on the lessee of a valid three-day notice to pay rent or quit is an essential
prerequisite to a judgment declaring a lessor’s right to possession under section 1161, subdivision
7 2. A lessor must allege and prove proper service of the requisite notice. Absent evidence the
requisite notice was properly served pursuant to section 1162, no judgment for possession can be
8 obtained.”(Liebovich v. Shahrokhkhany (1997) 56 Cal.App.4th 511, 513 [65 Cal.Rptr.2d457],
internal citations omitted.)•
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1 Marina J Boyd, Pro Se Defendant

10951 National Blvd., Apt 302

NOTICE OF DEPOSITION OF “PERSON MOST KNOWLEDGABLE”

5 Requested by Plaintiff X Requested by Defendant Requested By

6 Given as Requested Given as Modified Given on Courts Motion

10 AFFIRMATIVE DEFENSE REPAIR AND DEDUCT

shorter or longer period is more reasonable.

NOTICE OF DEPOSITION OF “PERSON MOST KNOWLEDGABLE”

5 Requested by Plaintiff X Requested by Defendant Requested By

6 Given as Requested Given as Modified Given on Courts Motion

10 AFFIRMATIVE DEFENSE – IMPLIED WARRANTY OF HABITABILITY

15 California Health and Safety Code 17920.3(a)(11) Dampness of habitable rooms.

NOTICE OF DEPOSITION OF “PERSON MOST KNOWLEDGABLE”

5 Requested by Plaintiff X Requested by Defendant Requested By

6 Given as Requested Given as Modified Given on Courts Motion

10 AFFIRMATIVE DEFENSE – IMPLIED WARRANTY OF HABITABILITY

NOTICE OF DEPOSITION OF “PERSON MOST KNOWLEDGABLE”

5 Requested by Plaintiff X Requested by Defendant Requested By

6 Given as Requested Given as Modified Given on Courts Motion

10 AFFIRMATIVE DEFENSE – RETALIATORY EVICTION – TENNANT’S COMPLAINT

NOTICE OF DEPOSITION OF “PERSON MOST KNOWLEDGABLE”

5 Requested by Plaintiff X Requested by Defendant Requested By

6 Given as Requested Given as Modified Given on Courts Motion

10 AFFIRMATIVE DEFENSE – RETALIATORY EVICTION – TENNANT’S COMPLAINT

NOTICE OF DEPOSITION OF “PERSON MOST KNOWLEDGABLE”

5 Requested by Plaintiff X Requested by Defendant Requested By

6 Given as Requested Given as Modified Given on Courts Motion

NOTICE OF DEPOSITION OF “PERSON MOST KNOWLEDGABLE”

5 Requested by Plaintiff X Requested by Defendant Requested By

6 Given as Requested Given as Modified Given on Courts Motion

10 3 DAY NOTICE OF TERMINATION OF TENANCY

NOTICE OF DEPOSITION OF “PERSON MOST KNOWLEDGABLE”

NOTICE OF DEPOSITION OF “PERSON MOST KNOWLEDGABLE”

NOTICE OF DEPOSITION OF “PERSON MOST KNOWLEDGABLE”

11 3 DAY NOTICE TO PAY RENT OR QUIT

NOTICE OF DEPOSITION OF “PERSON MOST KNOWLEDGABLE”

5 Requested by Plaintiff Requested by Defendant Requested By

6 Given as Requested Given as Modified Given on Courts Motion

10 AFFIRMATIVE DEFENSE REPAIR AND DEDUCT

NOTICE OF DEPOSITION OF “PERSON MOST KNOWLEDGABLE”

5 Requested by Plaintiff X Requested by Defendant Requested By

6 Given as Requested Given as Modified Given on Courts Motion

10 3 DAY NOTICE TO PAY RENT OR QUIT

NOTICE OF DEPOSITION OF “PERSON MOST KNOWLEDGABLE”

5 Requested by Plaintiff X Requested by Defendant Requested By

6 Given as Requested Given as Modified Given on Courts Motion

10 LANDLORD OBLIGATION TO ADHER TO SPECIAL PROCEDING STATUTE

19 The purpose of an unlawful detainer action is to recover possession of the premises

27 action for damages and rent.

NOTICE OF DEPOSITION OF “PERSON MOST KNOWLEDGABLE”

5 Requested by Plaintiff X Requested by Defendant Requested By

6 Given as Requested Given as Modified Given on Courts Motion

25 owed under the lease? 3. _____Yes _____No

after service or receipt of the notice? 4. _____Yes _____No.

NOTICE OF DEPOSITION OF “PERSON MOST KNOWLEDGABLE”

4 if the property was in a habitable condition? $___________________.

7 date of expiration of the three-day notice. Total Unpaid Rent: $ __________________.

13 7. Did Marina J Boyd contribute substantially to the uninhabitable conditions or interfere

NOTICE OF DEPOSITION OF “PERSON MOST KNOWLEDGABLE”

25 owed under the lease? 3. _Yes _No

after service or receipt of the notice? 4. _Yes _No.