This sample trial brief for a California civil case is used by a party in a California litigation case. The sample can be modified and used in most California litigation cases, it also includes a memorandum of points and authorities with citiations to case law and statutory authority and a proof of service by mail. This is a preview of the sample sold by LegalDocsPro.

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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
Superior Court of the State of California
For the County of _________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant, and DOES 1-5
Defendants.
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Case No.
DEFENDANT’S TRIAL BRIEF
TRIAL DATE:
TIME:
DEPT:
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TO PLAINTIFF, ____________________________ AND THEIR ATTORNEYS OF RECORD:
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DEFENDANT’S TRIAL BRIEF

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PLEASE TAKE NOTICE that Defendant, (“Defendant”) herein submits their Trial Brief for
use at the trial of the above-entitled action.
I.
STATEMENT OF CASE
This case arises from an alleged breach of lease for the real property located at __________,
(“Subject Property”) entered into between Defendant, ____________ (“Defendant”) and Plaintiff,
______________________________________ (“Plaintiff”).
Plaintiff, is alleging that Defendant breached a lease agreement for the Subject Property.
Defendant denies the allegations of Plaintiff and contends that they did not breach any lease
agreement with Plaintiff.
Be sure to modify these paragraphs to suit your individual
situation. Do NOT just use the wording here unless it definitely applies
to your particular situation.
II.
PLAINTIFF’S CONTENTIONS
Plaintiff contends that Defendant breached the lease agreement regarding the Subject Property
causing Plaintiff to suffer damages. Plaintiff has at various points in their documents filed with the
Court in this case, alleged the amounts of $__________ and $ _______________as the amount of
their damages. Said damages include future unpaid rent for the Subject Property through _______.
Be sure to modify these paragraphs to suit your individual
situation. Do NOT just use the wording here unless it definitely applies
to your particular situation.
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DEFENDANT’S TRIAL BRIEF

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III.
DEFENDANT’S CONTENTIONS
Defendant denies the allegations of Plaintiff that they breached any lease agreement regarding
the Subject Property.
Defendant contends that Plaintiff violated Section ___ of the ________ County Building
Code in that they rented the Subject Property without obtaining a Certificate of Occupancy.
Therefore any for the Subject Property is not enforceable.
Defendant contends that Plaintiff knew that there were problems with the Subject Property,
based on the fact that Plaintiff had in fact _______________________________ for a development
of condominiums to be built on the site of the Subject Property.
Defendant also contends that they were justified in vacating the Subject Property under the
legal doctrine of constructive eviction. Defendant further asserts several other affirmative defenses
including breach of an express covenant of the lease agreement by Plaintiff, and failure to take
reasonable steps to mitigate damages by Plaintiff.
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DEFENDANT’S TRIAL BRIEF

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DEFENDANT’S TRIAL BRIEF