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Shirley GibsonLegal Aid Society of San Mateo County If you find this article helpful, you can learn more about the subject by going to www.pli.edu to view the on demand program or segment for which it was written. |
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Shirley E. Gibson (SBN 206829)
Legal Aid Society of San Mateo County
521 East 5th Avenue
San Mateo, California 94402
Telephone: (650)558-0915
Attorneys for Defendant
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
SOUTHERN BRANCH
LIMITED CIVIL JURISDICTION
Defendant TENANT submits the following jury instructions to be read to the jury at trial:
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Defendant’s Special Jury Instruction # 1
Termination only for Material Noncompliance
Instruction:
A landlord of a Project-Based Section 8 tenancy shall not terminate the Lease except for material noncompliance with the lease.
Authority:
24 CFR §982.310
Defendant’s Lease, section (F) (1)
GIVEN AS REQUESTED | _____ |
GIVEN AS MODIFIED | _____ |
REFUSED | _____ |
WITHDRAWN | _____ |
__________________________________________________ |
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Defendant’s Special Jury Instruction # 2
Material Noncompliance Defined
Instruction:
Material noncompliance in this case means that the tenant, members of the household, or their guests shall not engage in criminal activity, including drug-related criminal activity, on or near the premises. Violation of this prohibition shall be a substantial violation of the lease.
Authority:
24 CFR §982.310
Defendant’s Lease, section (F) (3) (iii)
GIVEN AS REQUESTED | _____ |
GIVEN AS MODIFIED | _____ |
REFUSED | _____ |
WITHDRAWN | _____ |
________________________________________ |
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Defendant’s Special Jury Instruction # 3
Requirement that Termination Notice Specify Grounds for Termination
Instruction:
If the owner seeks to evict a family from a Project-Based Section 8 tenancy, the owner must give the tenant a written notice that specifies the grounds for termination of tenancy during the term of the lease. The notice of lease termination must state the reasons for termination, specified in enough detail for the tenant to prepare a defense.
Authority:
24 CFR §982.310(e)
Defendant’s Lease, section (F) (4) (i) (b)
GIVEN AS REQUESTED | _____ |
GIVEN AS MODIFIED | _____ |
REFUSED | _____ |
WITHDRAWN | _____ |
________________________________________ |
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Defendant’s Special Jury Instruction # 4
Level of Specificity Required in the Termination Notice
Instruction:
The level of specificity required in the termination notice is that the owner must provide enough facts to identify the particular alleged incidents of violation, such as the dates and times of any violations, the parties involved, where the incident occurred, who was harmed or who complained of the conduct, and what provisions of the lease have been breached.
Authority:
Escalera v. New York City Housing Authority (1970) 425 F.2d 853, 862 Swords to Plowshares v. Smith (2002) 294 F.Supp.2d 1067 (US Dist. Ct.-Nor. Cal. Dist.) Cuyahoga Metro. Housing Authority v. Younger, 93 Ohio App.3d 819, 825; 639 N.E.2d 1253, 1257 (1994)
Housing Authority of the County of King v. Saylors (1978) 578 P.2d 76 Housing Authority of DeKalb County v. Pyrtle (1983) 306 S.E.2d 9
GIVEN AS REQUESTED | _____ |
GIVEN AS MODIFIED | _____ |
REFUSED | _____ |
WITHDRAWN | _____ |
________________________________________ |
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Defendant’s Special Jury Instruction # 5
Owner May Only Rely on Allegations Stated in the Notice
Instruction:
In a court action for eviction of the Tenant, the Landlord may rely only on the grounds stated in the notice of Lease termination.
Authority:
24 CFR §982.310
Defendant’s Lease, section (F) (4) (vi)
GIVEN AS REQUESTED | _____ |
GIVEN AS MODIFIED | _____ |
REFUSED | _____ |
WITHDRAWN | _____ |
________________________________________ |
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Defendant’s Special Jury Instruction # 6
Requirement that Termination Notice Specify Date of Termination
Instruction:
If the owner seeks to evict a family from a Project-Based Section 8 tenancy, the owner must give the tenant a written notice that states the date the lease will terminate.
Authority:
24 CFR §982.310
Defendant’s Lease, section (F) (4) (i) (a)
GIVEN AS REQUESTED | _____ |
GIVEN AS MODIFIED | _____ |
REFUSED | _____ |
WITHDRAWN | _____ |
________________________________________ |
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Defendant’s Special Jury Instruction # 7
Violation of Vehicle Code §12500(c) is an Infraction
Instruction:
A violation of California Vehicle Code §12500(c), driving without a license in a parking lot, is an infraction, not a misdemeanor or felony crime.
Authority:
California Penal Code § 17(d) and §19.8
GIVEN AS REQUESTED | _____ |
GIVEN AS MODIFIED | _____ |
REFUSED | _____ |
WITHDRAWN | _____ |
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Defendant’s Special Jury Instruction # 8
Violations by minors are not crimes
Instruction:
Minors (children under 18 years old) are not considered criminals when they violate the law, and violations by minors are not prosecuted as crimes. Minors are prosecuted through the juvenile justice system.
Authority:
California Welfare & Institutions Code §602, et seq.
GIVEN AS REQUESTED | _____ |
GIVEN AS MODIFIED | _____ |
REFUSED | _____ |
WITHDRAWN | _____ |
________________________________________ |
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Defendant’s Special Jury Instruction # 9
Rules are Strictly Construed in Unlawful Detainer Cases
Instruction:
The statutes which provide for the summary remedy of unlawful detainer must be strictly construed. An owner who seeks the summary remedy of unlawful detainer must bring himself strictly within its terms. Termination notices that do not strictly comply with the law are rejected and cases dismissed.
Authority:
Briggs v. Electronic Memories & Magnetics Corp. (1975) 53 Cal.App.3d 900, 905 Baugh v. Consumers Associates, Ltd. (1966) 241 Cal.App.2d 672, 674 Nourafchan v. Miner (1985) 169 Cal.App.3d 457, 466
GIVEN AS REQUESTED | _____ |
GIVEN AS MODIFIED | _____ |
REFUSED | _____ |
WITHDRAWN | _____ |
________________________________________ |