CACI No. 4308

Factual Elements (Code Civ. Proc., § 1161(4))

[Name of plaintiff] claims that [name of defendant] [and [name of

subtenant], a subtenant of [name of defendant],] no longer [has/have] the

right to occupy the property because [name of defendant] has [created a

nuisance on the property/ [or] used the property for an illegal purpose].

To establish this claim, [name of plaintiff] must prove all of the following:

1. That [name of plaintiff] [owns/leases] the property;

2. That [name of plaintiff] [rented/subleased] the property to [name of

defendant];

3. That [name of defendant] [include one or both of the following:]

3. created a nuisance on the property by [specify conduct constituting

nuisance];

3. [or]

3. used the property for an illegal purpose by [specify illegal

activity];

4. That [name of plaintiff] properly gave [name of defendant] [and

[name of subtenant]] three days’ written notice to vacate the

property; and

5. That [name of defendant] [or subtenant [name of subtenant]] is still

occupying the property.

[A “nuisance” is anything that [[is harmful to health]/ [or] [is indecent or

offensive to the senses of an ordinary person with normal sensibilities]/

[or] [is an obstruction to the free use of property, so as to interfere with

the comfortable enjoyment of life or property]/ [or] [unlawfully obstructs

the free passage or use, in the customary manner, of any navigable lake,

or river, bay, stream, canal, or basin, or any public park, square, street,

or highway]/[or] [is [a/an] [fire hazard/ specify other potentially dangerous

condition] to the property]].]

New December 2010; Revised June 2011, December 2011, May 2020, November

2020, May 2021