LANDLORD,

Plaintiff,

CASE NO. CLJ XXXXXX

vs.

DEFENDANT’S PROPOSED

TENANT,

VIOR DIRE QUESTIONS

And DOES 1 to 50,

Defendants.

Trial date: April 1, 2010

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1.

How long have you lived at your current address?

2.

In which part of the County do you live?

3.

Do you own your own home or rent?

If the juror indicates that he/she is a tenant, please ask the following:

4.

Do you own any rental property? If so, is the property commercial or residential?

5.

Have you or any members of your immediate family ever owned any residential rental property? If so:

6.

Do you understand that just because a plaintiff has filed a lawsuit, that does not mean he is entitled to the relief he is requesting?

7.

Do you understand that the plaintiff is required to prove every element of his case by a preponderance of the evidence?

8.

Do you have any problem with the concept that if the plaintiff does not meet his burden of proof that you must enter a verdict for the defendant?

9.

Did you know that a landlord can not use self-help to evict a tenant if the tenant refuses to leave his or her home voluntarily?

10.

Do you have any trouble with the idea that the law requires a landlord to use specific procedures before a tenant can be evicted from his or her home?

11.

Did you know that the law requires a landlord to give the tenant a notice to quit in writing before attempting to evict the tenant?

12.

Did you know that the law gives the landlord certain procedural preferences in eviction lawsuits, such as a five-day as opposed to a thirty-day summons, and preference on the trial calendar? Will that influence your decision?

13.

Do you have any objections to the idea that because the law gives the landlord procedural advantages, the law also requires the landlord to strictly comply with its notice requirements?

14.

Do you have any objection to the idea that a landlord’s ability to evict a tenant can be limited by law?

15.

Do you have any problem with the idea that a landlord can waive his rights to evict a tenant by his conduct?

16.

Do you have any objection to the idea that a party may prove its case through the use of circumstantial evidence?

17.

Do you object to the concept that a party may communicate through his or her conduct?

18.

Do you object to the idea that such things as motive may be proved indirectly by considering all the circumstances surrounding the case and by applying reasonable inferences?

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SHIRLEY E. GIBSON
Attorney for Defendant