1 filed her complaint for unlawful detainer on May 17, 2004. In ¶ 1 of the complaint, the plaintiff was
2 identified as Bonita Millard. In ¶ 2 of the complaint, the defendant was identified as Craig Canada.
3 In ¶ 3 the address of residence in question is identified as 113207 Hess BLVD (NO.2), Morongo
4 Valley, CA. 92256. The street address was corrected by interlineation during the trial to 11307. In ¶
5 4 of the compalint the plaintiff identifies herself as the owner of the property. In ¶ 5 of the complaint
6 sets forth the allegation that defendants identified as DOES are unknown to the plaintiff. In ¶ 6.a. the
& complaint sets forth the allegation that on July 10, 2002 the Defendant, Craig Canada, agreed to rent
8 the premises for a month to month tenancy at the rate of $485.00 per month. The rent was payable
9 on the 10th of each month. In ¶ 6.b. the complaint sets forth the allegation that plaintiff and defendant
10 entered into an oral agreement. In ¶ 6.c. the complaint sets forth the allegation that all defendants not
11 named in ¶6.a. are either subtenants, assigness or persons unknown. In ¶ 7.a. the complaint sets forth
12 the allegation that the defendant, Craig Canada, was served with a 60 Day Notice to Quit. In ¶ 7.b.
13 the complaint sets forth the allegation that the notice was served on May 11,2004. In ¶ 7.c. the
14 complaint sets forth the allegation that all facts stated in the notice are true. In ¶ 7.d. the complaint
15 sets forth the allegation that the notice includes an election of forfeiture. In ¶ 7.e. the complaint sets
16 forth the allegation that the notice is attached to the complaint as Exhibit 2. In ¶ 8.a.(1) the complaint
17 sets forth the allegation that the notice was personally served on defendant by handing him a copy on
18 March 11, 2004. In ¶ 9 the complaint sets forth the allegation that Plaintiff demands possession from
19 each defendant because of expiration of a fixed-term lease. In ¶ 17 the complaint sets forth Plaintiff's
20 request for: possession of the premises (See Complaint ¶ 17.a.) costs incurred in this proceeding (See
21 Complaint ¶ 17.b.), reasonable attorney fees (See Complaint ¶ 17.d), forfeiture of the agreement (See
22 Complaint ¶ 17.3.) and for leave to amend if necessary (See Complaint ¶ 17.h.) In ¶ 18 the complaint
23 sets forth the allegation that there are two additional pages attached to the complaint. In ¶ 19 the
24 complaint sets forth the allegation that the plaintiff did not use an unlawful detainer assistant in
25 preparing her complaint. Lastly, the complaint is verified by the Plaintiff, Bonita Millard on May 14,
26 2004.
27
28 POST TRIAL BRIEF 2
|