Eviction in San Diego, UD-101 cover sheet question

[James Qiu]

Hi fellow investors,

I'm in the process of filing Unlawful Detainer in San Diego against my tenant. So far, I'm having some really bad lucks. It all because of a new form I have to fill out, namely UD-101 Plaintiff's Mandatory Cover Sheet. First time, I didn't fill in 4(a), then second time, I was told that I I need to fill in 4(b) which says "All defendants named in this action maintain occupancy as described in Civil Code section 1940(b)". I think I should put "YES" to this item. Can someone who has filled in this form before confirm this? Is there a sample UD-101 that I can check answers against? I just don't want to be kicked back again. I've done UD before COVID, and it was quite smooth, but not this time.

Thanks

James

[Caroline Gerardo]

This is not legal advice I am not an attorney. 

UD-101 
4 a   yes and below their name and alias if any

4 b  no this is not a hotel

1940(b) states that the term "persons who hire" does not include someone who maintains a transient occupancy in a hotel, motel, residence club, or other facility when the occupancy is or would be subject to tax under Section 7280 of the Revenue and Taxation Code. The term excludes human who has not made valid payment for all room and other related charges owing as of the last day on which their occupancy is or would be subject to the hotel occupancy tax.

defendant who does not is same person and alias that is above that you are evicting

Bring a sealed treat (M &M's or something cute and nominal value) for the counter person. ALWAYS bring extra forms with the heading completed and you can handwrite or hand check boxes as they advise. If it fails then you get a ticket to get back in line and if the person was cordial wait for their window, if no roll dice and get someone else. Bring a clipboard to fix the forms while waiting in line the second time.  Fill in three 90% of the way and ask the counter if they accept. They cannot give you legal advise but if you are sweet compared to all the cranky people they will assist.  DIY done remote by mail is going to take forever and although you could file digital again there is no room for a tiny error. Go in person. There are books at the library that will give you instructions. Also the law library is free it's on Front Street. Any law college also has a law library and typically allows access but no checking out books. Bring notepad, and change for the copy machine or take pictures with your phone.