Wrongful Eviction Complaint Sample for California Courts

A sample wrongful eviction complaint for California is a Superior Court pleading that names the parties, lays out numbered factual allegations in ordinary and concise language, states each legal cause of action separately, and demands specific relief. California follows a fact-pleading standard, so every claim has to rest on specific facts rather than conclusions, and a thin complaint invites a demurrer before you ever reach the merits.1California Legislative Information. California Code of Civil Procedure CCP 425.10 What follows is how to build that document section by section, with the statutory hooks a wrongful eviction case usually relies on.

Check Your Filing Deadline First

Before drafting, confirm you still have time. The limitations period depends on the theory:

Most wrongful eviction complaints combine contract and tort theories. If you are past two years on emotional distress but inside the four-year window on a written lease, you can still file on the contract claim. The clock runs from the date of the eviction, or from when the landlord’s illegal conduct began if it was ongoing.

One boundary worth flagging: if your landlord is a public housing authority or other government entity, you must first file a written administrative claim within six months under the California Tort Claims Act, with a late-claim application possible up to one year.4California Legislative Information. California Government Code 911.2 Skip that step and the court will dismiss the lawsuit no matter how good your facts are.

Gather the Facts and Documents You Will Plead

Pin down the parties first. You need the full legal name of every defendant: the landlord, any property management company, and individual agents who took part in the eviction. If the landlord operates through an LLC or corporation, check the California Secretary of State’s BizFile portal to confirm the entity’s legal name and its registered agent for service.5California Secretary of State. Business Entities Naming the wrong entity can delay the case by months.

Then pin down the tenancy. Was the agreement written or month-to-month? What were the start and end dates, and the exact date you were removed or locked out? Those dates control which statutes apply and which deadline governs.

Finally, compile the money. Receipts for temporary housing, moving, storage, any rent differential between the old unit and your replacement, and documentation of lost or damaged belongings. Pull together text messages, emails, and any eviction notices. Photographs of changed locks, removed property, or the unit itself can anchor the narrative.

Structure of the Complaint

Every complaint must contain a statement of facts supporting each cause of action in ordinary and concise language, plus a demand for the specific relief you want.1California Legislative Information. California Code of Civil Procedure CCP 425.10 There is no mandatory statewide template for a wrongful eviction case, but the document follows a predictable shape.

Caption, Parties, and Jurisdiction

Open with the caption: the Superior Court and county, your name as plaintiff, the landlord’s name as defendant, and the document title, typically “Complaint for Damages — Wrongful Eviction.” A parties section follows, identifying you by name and county of residence, the landlord by name and capacity (individual, LLC, corporation), and the same for any management company or agent. Then a short jurisdiction and venue section. Venue is straightforward: the Superior Court of the county where the rental property is located.

General Allegations

This is the chronological narrative. Vague statements like “the landlord acted wrongfully” will not survive. Give specifics: when the tenancy began, what the lease terms were, what notice (if any) the landlord gave, what the landlord physically did to remove you, and what harm resulted. Each numbered paragraph should state a single fact or a tightly related set of facts. The causes of action that follow all incorporate this section by reference, so a gap here spreads through the whole pleading.

Verification

Verifying the complaint adds weight. A verified complaint carries your signed declaration under penalty of perjury that the facts are true to your knowledge, and it forces the defendant to verify their answer as well, which blocks blanket denials. If you cannot personally attest to every fact, the verification can note which statements are made on information and belief.

Causes of Action to Plead

Each legal theory gets its own labeled section. You incorporate the general allegations by reference, then add the elements and specific facts for that theory. Strong wrongful eviction complaints layer several of the following claims together.

Breach of the Lease

If you had a written agreement, the cleanest claim is that the landlord broke it. Common breaches include terminating the tenancy without the notice period the lease required, evicting during a fixed term without grounds the agreement allows, or ignoring lease provisions about entry and lockout procedure. Identify the exact provision and explain how the landlord’s conduct contradicted it.

Breach of the Covenant of Quiet Enjoyment

Every California residential tenancy carries an implied promise that you can use the property without substantial interference from the landlord, whether the lease mentions it or not. Changing the locks, removing your belongings, shutting off utilities, or sustained harassment aimed at pressuring you out all breach this covenant. The claim often captures conduct that does not fit cleanly inside a specific statute but still made the home unusable.

Violations of the Tenant Protection Act (AB 1482)

Civil Code Section 1946.2 bars a landlord from ending a tenancy without just cause once you have lived in the unit for at least 12 continuous months.6California Legislative Information. California Code Civil Code 1946.2 Just cause splits into “at-fault” reasons (nonpayment, lease violation, nuisance, criminal activity) and “no-fault” reasons (owner move-in, withdrawal from the market, substantial renovation).

For a no-fault termination, the landlord must either pay relocation assistance equal to one month of your rent within 15 calendar days of the notice or waive your last month’s rent.7California Legislative Information. California Civil Code 1946.2 A termination with no recognized just cause, or a no-fault termination with no relocation payment, each becomes its own allegation. The Act exempts certain single-family homes and newer construction, so confirm your unit qualifies before pleading this count.

Retaliatory Eviction

Civil Code Section 1942.5 bars a landlord from evicting a tenant in retaliation for exercising a legal right. If you complained to a housing agency about habitability, reported a health or safety violation, or took part in a tenant organization, and the landlord moved to evict within 180 days, you have a retaliation claim.8California Legislative Information. California Civil Code 1942.5

The 180-day window creates a rebuttable presumption of retaliation, shifting the burden to the landlord to show a legitimate reason. A landlord found liable owes actual damages plus punitive damages between $100 and $2,000 for each retaliatory act involving fraud, oppression, or malice. The court must award reasonable attorney’s fees to the prevailing party, which makes the claim worth pleading even when the damages are modest.8California Legislative Information. California Civil Code 1942.5

Illegal Lockout or Utility Shutoff

Civil Code Section 789.3 covers landlords who change the locks, remove doors or windows, take personal property, or cut off water, electricity, or gas to force a tenant out. Damages include your actual losses plus a penalty of up to $100 for each day the violation continues, with a minimum of $250 per cause of action. Each separate instance of illegal conduct counts as its own cause of action with its own $250 floor, so a landlord who both shut off the water and changed the locks faces two independent penalty calculations. The court must also award attorney’s fees to the prevailing party, and you can request an injunction to stop the conduct while the case is pending.9California Legislative Information. California Code Civil Code 789.3

Prohibited Landlord Intimidation

Civil Code Section 1940.2 targets landlords who use threats or force. That includes taking or hiding your property, threats of violence, menacing conduct that disrupts peaceful use of the home, entering without proper notice, and threatening to report the immigration status of you or anyone associated with you.10California Legislative Information. California Civil Code 1940.2 The immigration threat provision applies even if you have not been formally evicted. The civil penalty runs up to $2,000 per violation.

Prayer for Relief: What to Ask For

The complaint closes by telling the court exactly what you want. In a wrongful eviction case the categories usually include:

  • Actual damages: temporary housing, moving, storage, the difference between your old rent and new rent, and the value of lost or damaged belongings.
  • Statutory penalties: the Section 789.3 per-day penalty (up to $100 per day, minimum $250 per violation), the Section 1942.5 punitive award ($100 to $2,000 per retaliatory act), and the Section 1940.2 civil penalty (up to $2,000 per violation).9California Legislative Information. California Code Civil Code 789.3
  • Emotional distress damages for anxiety, sleeplessness, and humiliation caused by the eviction.
  • Attorney’s fees, recoverable as of right under Sections 789.3 and 1942.5 when you prevail.

One drafting rule to respect: California law bars you from stating a specific dollar figure for personal injury or emotional distress in the complaint itself. Request those in general terms and prove the number at trial. For contract losses and statutory penalties, state exact amounts.

Filing the Complaint

File with the Superior Court clerk in the county where the rental property is located. Bring the original plus enough copies for yourself and each defendant, or file by mail.11Judicial Branch of California. File the Summons and Complaint Forms Two Judicial Council forms travel with the complaint: the Summons (SUM-100), which tells the defendant they have 30 days to respond, and the Civil Case Cover Sheet (CM-010), which must be filed with your first paper or you risk sanctions.12California Courts. Civil Case Cover Sheet CM-010

Filing fees for 2026 track the amount in controversy. Claims over $35,000 (unlimited civil) cost $435. Claims between $10,001 and $35,000 cost $370. Claims of $10,000 or less cost $225. Some counties add a courthouse construction surcharge.13Judicial Branch of California. Statewide Civil Fee Schedule Effective January 1, 2026 If you cannot afford the fee, apply for a waiver using form FW-001. You qualify automatically if you receive Medi-Cal, CalFresh, or SSI, and you can also qualify by income or by showing that court fees would prevent you from meeting basic living expenses.14Judicial Branch of California. Ask for a Fee Waiver

Serving the Defendant

Filing starts the case, but the defendant has no obligation to answer until formally served. You cannot serve the papers yourself. Service must be done by a registered process server, the Sheriff’s Civil Bureau, or any adult who is not a party.

Personal service, where the server hands the documents directly to the defendant, is the most reliable method. If the landlord is avoiding service, substituted service allows the server to leave the papers with a competent adult at the defendant’s home or business and mail a second copy to that same address. For a business entity, service goes to the registered agent you confirmed through the Secretary of State.

Once service is complete, the person who served the papers fills out a Proof of Service of Summons (POS-010) describing what was served, when, where, and how.15California Courts Self Help Guide. Proof of Service of Summons File it with the court. California Rules of Court give you 60 days from the filing date to complete service and file the proof.16Judicial Branch of California. California Rules of Court 3.110 – Time for Service of Complaint, Cross-Complaint, and Response Miss it and the court can dismiss the case on its own motion, which is a hard way to lose after everything else is done right.