Legal Question in Landlord & Tenant Law in California

Response to summons

I just received a summons (Citation Judicial) for civil court under Contract: rule 3.740 collections. Can you please advise me on how to write and submit a response? Briefly: I moved out of an apartment early because of the incessant noise (multiple loud neighbors/late pool parties). The lease states a penalty of one month's rent should be paid upon breaking a lease, but I feel that I do not owe it because they broke the agreement by not providing quiet enjoyment. The apt management Co. dismissed my noise complaint. I refuted the ''debt'' with the Apt, Management Co., the debt collector, and the Debt collection lawyer. Now how do I proceed? Is there a special form for filing a response? What information should I include in the response? Is there a reason why it was filed in civil court versus small claims court (the claim is less than $2000 w/o attorney fees)?

Thank you in advance for your help.


Asked on 6/07/09, 4:38 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Response to summons

You would want to file an answer -- contract. You can find that on the Judicial Council forms website. One of your affirmative defenses might be that the amount claimed was waived because of the landlord's breach of the implied covenant of quiet enjoyment. Another affirmative defense might be the landlord's "unclean hands." (Yes, that's a legal term.) In other words, the landlord can't hold you to something if the landlord did something wrong.

You have 30 days from the date the summons and complaint were served to file your responsive pleading.

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Answered on 6/07/09, 5:25 pm


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