CACI No. 4321

Complaint (Civ. Code, § 1942.5)

[Name of defendant] claims that [name of plaintiff] is not entitled to evict

[him/her/nonbinary pronoun/it] because [name of plaintiff] filed this lawsuit

in retaliation for [name of defendant]’s having exercised [his/her/ nonbinary

pronoun/its] rights as a tenant. To succeed on this defense, [name of

defendant] must prove all of the following:

[1. That [name of defendant] was not in default in the payment of

[his/her/nonbinary pronoun /its] rent;]

2. That [name of plaintiff] filed this lawsuit in retaliation because

[name of defendant] had complained about the condition of the

property to [[name of plaintiff]/[name of appropriate agency]]; and

3. That [name of plaintiff] filed this lawsuit within 180 days after

3. [Select the applicable date(s) or event(s):]

3. [the date on which [name of defendant], in good faith, gave notice

to [name of plaintiff] or made an oral complaint to [name of

plaintiff] regarding the conditions of the property][./; or]

3. [the date on which [name of defendant], in good faith, filed a

written complaint, or an oral complaint that was registered or

otherwise recorded in writing, with [name of appropriate agency],

of which [name of plaintiff] had notice, for the purpose of

obtaining correction of a condition of the property][./; or]

3. [the date of an inspection or a citation, resulting from a

complaint to [name of appropriate agency] of which [name of

plaintiff] did not have notice][./; or]

3. [the filing of appropriate documents to begin a judicial or an

arbitration proceeding involving the conditions of the property][./;

or]

3. [entry of judgment or the signing of an arbitration award that

determined the issue of the conditions of the property against

[name of plaintiff]].

[Even if [name of defendant] has proved that [name of plaintiff] filed this

lawsuit with a retaliatory motive, [name of plaintiff] is still entitled to

possession of the premises if [he/she/ nonbinary pronoun/it] proves that

[he/she/nonbinary pronoun/it] also filed the lawsuit in good faith for a

reason stated in the [3/30/60]-day notice.]

New August 2007; Revised June 2010, May 2020