This sample trial brief for a California unlawful detainer (eviction) case is used by a defendant who wants the Court to consider their affirmative defenses at the trial. The sample on which this preview is based is 11 pages and contains brief instructions, fifteen (15) affirmative defenses that include citations to case law and statutory authority and a proof of service by mail. The sample can be modified for use by any California tenant.

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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
Superior Court of the State of California
For the County of _________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant, and DOES 1-5
Defendants.
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Case No.
DEFENDANT’S TRIAL BRIEF
TRIAL DATE:
TIME:
DEPT:
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DEFENDANT’S TRIAL BRIEF

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TO PLAINTIFF, ____________________________ AND THEIR ATTORNEYS OF
RECORD:
PLEASE TAKE NOTICE that Defendant, (“Defendant”) herein submits their Trial Brief for
use at the trial of the above-entitled action.
I.
STATEMENT OF CASE
This case arises from an alleged breach of lease for the real property located at __________,
(“Subject Property”) entered into between Defendant, ____________ (“Defendant”) and Plaintiff,
______________________________________ (“Plaintiff”).
Plaintiff, is alleging that Defendant breached a lease agreement for the Subject Property.
Defendant denies the allegations of Plaintiff and asserts numerous affirmative defenses
including breach of warranty of habitability of premises, constructive eviction.
Be sure to modify these paragraphs to suit your individual
situation. Do NOT just use the wording here unless it definitely applies
to your particular situation.
II.
PLAINTIFF’S CONTENTIONS
Plaintiff contends that Defendant breached the lease agreement regarding the Subject Property
causing Plaintiff to suffer damages.
Be sure to modify these paragraphs to suit your individual
situation. Do NOT just use the wording here unless it definitely applies
to your particular situation.
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DEFENDANT’S TRIAL BRIEF

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III.
DEFENDANT’S CONTENTIONS
Defendant denies the allegations of Plaintiff that they breached any lease agreement regarding
the Subject Property.
Defendant asserts the affirmative defenses of ALL AFFIRMATIVE DEFENSES WHICH
YOU INTEND TO USE AT THE TRIAL SHOULD BE LISTED BELOW ALONG WITH
FACTS AND EVIDENCE THAT SUPPORT YOUR DEFENSES. ADD EXHIBITS IF YOU
HAVE TO. IF YOU DO NOT USE AN AFFIRMATIVE DEFENSE THAT IS LISTED
BELOW REMOVE IT. MODIFY THE PARAGRAPHS BELOW TO FIT YOUR
PARTICULAR SITUATION. DO NOT JUST USE THE WORDING HERE UNLESS IT
APPLIES TO YOU.
To view or purchase the sample document on which this preview
is based visit:
http://www.scribd.com/doc/172922331/Sample-Trial-Brief-for-
California-Unlawful-Detainer-Eviction
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DEFENDANT’S TRIAL BRIEF