--- name: ca-draft-declaration description: > Use this skill when the user asks to draft a declaration for a California court filing. Triggers include "draft a declaration", "Code Civ. Proc. § 2015.5 declaration", "declaration in support", "declaration of defendant", "declaration of plaintiff", "witness declaration", "affidavit California" (the skill redirects to the declaration form — California uses declarations under penalty of perjury per CCP § 2015.5 in place of notarized affidavits for most filings), "declaration with exhibits". Scaffolds a declaration with numbered paragraphs, the CCP § 2015.5 penalty-of-perjury attestation, date and place of execution, signature block, and optional exhibit cover pages. Composes with `ca-statewide-format` (always), `ca-lasc` / `ca-sfsc` / `ca-county-courts` (court-specific), and `ca-pro-se` (if the declarant is pro se). version: 0.1.0 --- # Draft a California Declaration Scaffold a declaration that complies with CCP § 2015.5, CRC 2.111, and California evidence rules. The declaration should be ready to fill in, sign, and file in support of a motion or other filing. ## What this skill produces A declaration with: 1. **Caption** (court header, parties, case number, document title: "DECLARATION OF [NAME] IN SUPPORT OF [MOTION TITLE]") 2. **Numbered paragraphs** of substantive content in the first person 3. **Penalty-of-perjury attestation** (CCP § 2015.5) at the close of the body, stating the place of execution 4. **Date and place of execution** 5. **Signature block**: full name + role 6. **Exhibit List** (if exhibits are attached) 7. **Exhibit cover pages** (labeled by letter: Exhibit A, Exhibit B, ...) ## Declarations vs. affidavits in California **California uses "declarations" for most court filings.** CCP § 2015.5 provides that a declaration under penalty of perjury subscribed in the form specified in the statute has the same force and effect as a sworn affidavit. A notarized affidavit is only required in a narrow set of circumstances (some probate filings, some federal forms). When in doubt in California state court, use the declaration form. The CCP § 2015.5 form: > "I declare (or certify, verify, or state) under penalty of > perjury under the laws of the State of California that the > foregoing is true and correct." **California adds the "place of execution" requirement.** Unlike federal declarations (28 USC § 1746), CCP § 2015.5 requires that the declarant state the **place** (city and state) where the declaration was signed. A declaration missing the place is technically defective and subject to objection. ## Inputs to ask the user - **Caption**: court / county / parties / case number - **Declarant name and role**: who is signing? (party, witness, expert, counsel, etc.) - **Supporting motion**: what motion or filing does this declaration support? (incorporated in the document title) - **Personal-knowledge facts**: what facts does the declarant have personal knowledge of? - **Exhibits**: list of documents to be attached; assigned letter labels (Exhibit A, B, C, ...) ## Anatomy of a California declaration ### Caption (top of page) Per CRC 2.111 — attorney / pro se info in upper left; case information in upper right. See `ca-statewide-format` for the full caption format. The document title appears below the caption: ``` DECLARATION OF JANE DOE IN SUPPORT OF DEFENDANT'S MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION, SET ONE, UNDER CCP § 2031.310 ``` ### Numbered paragraphs Each paragraph contains **one factual point**. Number with bold Arabic numerals: ``` 1. Identity. I am the Defendant in the above-captioned action. I make this Declaration in support of my Motion to Compel Further Responses to Requests for Production, Set One, under CCP § 2031.310. 2. Personal knowledge. Except where otherwise stated, the facts set forth in this Declaration are within my personal knowledge, and if called as a witness I could and would testify competently to those facts. 3. Service of Requests for Production. On April 1, 2025, I served Requests for Production, Set One, Nos. 1–8, on Plaintiff's counsel via electronic service. A true and correct copy of those Requests is attached as Exhibit A. 4. Plaintiff's Responses. On May 1, 2025, I received Plaintiff's Responses to my Requests for Production. Plaintiff interposed boilerplate objections to Requests Nos. 3, 5, and 6 and produced no responsive documents. A true and correct copy of Plaintiff's Responses is attached as Exhibit B. 5. Meet-and-confer letter. On May 10, 2025, I sent Plaintiff's counsel a meet-and-confer letter under CCP §§ 2031.310(b) identifying the deficiencies in Plaintiff's responses and requesting supplementation. A true and correct copy of that letter is attached as Exhibit C. 6. Telephone conference. On May 15, 2025, I spoke with Plaintiff's counsel by telephone for approximately 20 minutes. We were unable to resolve the disputes regarding Requests Nos. 3, 5, and 6. 7. Plaintiff's failure to supplement. As of the date of this Declaration, Plaintiff has not served supplemental responses or produced any documents responsive to Requests Nos. 3, 5, or 6. 8. Prejudice from non-production. Without the documents requested in Requests Nos. 3, 5, and 6, I cannot evaluate whether Plaintiff has standing to bring this action or whether the alleged account exists. ``` ### Penalty-of-perjury attestation (CCP § 2015.5) The attestation must appear at the **close of the declaration body**, before the signature: ``` I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. ``` This is the **mandatory language** under CCP § 2015.5. Variations such as "I hereby declare" or "The above is true and correct to the best of my knowledge" are **insufficient** — they omit the explicit "under the laws of the State of California" language that § 2015.5 requires for the declaration to be valid in California state court proceedings. ### Date and place of execution ``` Executed on _______________, 20__, at [City], California. ``` Or, if executed outside California: ``` Executed on _______________, 20__, at [City], [State]. ``` When executed outside California, the declaration remains valid under CCP § 2015.5(b) if it states the facts "are certified or declared to be true under penalty of perjury under the laws of the State of California." The declarant need not be physically in California. ### Signature block ``` _________________________________________ JANE DOE Defendant, In Pro Per [Address] [Phone] [Email] ``` For counsel: ``` _________________________________________ JANE DOE [State Bar No. XXXXXX] Attorney for Defendant [Client Name] ``` ## Personal knowledge requirement **Cal. Evid. Code § 702**: A witness may not testify to a fact without evidence that the witness has personal knowledge of that fact. Declarations are testimonial evidence; the same rule applies. At the top of the body, include a personal-knowledge paragraph: ``` 2. Personal knowledge. Except where otherwise stated, the facts set forth in this Declaration are within my personal knowledge, and if called as a witness I could and would testify competently to those facts. ``` If the declarant is relying on documents or records rather than first-hand observation, say so in the paragraph: ``` 9. Review of records. The dates and dollar amounts stated in paragraphs 5–7 are derived from my review of [source — account statements, correspondence, etc.], which I personally reviewed on [date]. True and correct copies are attached as Exhibits D and E. ``` ## Opinion testimony limit **Cal. Evid. Code § 800**: A lay witness may offer an opinion only if it is: (1) rationally based on the witness's perception, and (2) helpful to a clear understanding of the testimony or the determination of a fact in issue. Keep declarant opinions limited to lay perceptions (e.g., "I observed that the caller identified herself as a 'Velocity' agent"). Avoid legal conclusions ("Plaintiff violated the FDCPA") — those belong in the motion, not the declaration. ## Hearsay traps in declarations Declarations must avoid inadmissible hearsay (Cal. Evid. Code § 1200). Common traps: | Trap | Fix | |---|---| | "I was told by [third party] that..." | Have the third party sign their own declaration; or establish a hearsay exception | | "According to the contract, ..." | Authenticate the contract as an exhibit; testify that the attached exhibit is a true copy | | "Records show that..." | Lay business-record foundation (Evid. Code §§ 1270–1272) or authenticate personally | | Quoting a letter without attaching it | Attach the letter as an exhibit; authenticate in the body | ## Exhibits California convention uses **letter** labels (Exhibit A, B, C, ...) — unlike Oregon (which uses numbers). Each exhibit: - Is **authenticated in the declaration paragraph** introducing it: "A true and correct copy of [document] is attached hereto as Exhibit [A]." - Has a **cover page** ("EXHIBIT A" centered in bold; short italic caption below) - Appears in order at the end of the declaration after the signature block - Is listed on an **Exhibit List** page between the signature block and the first exhibit cover page ``` EXHIBIT LIST Exhibit A: Defendant's Requests for Production, Set One, dated April 1, 2025 Exhibit B: Plaintiff's Responses to Requests for Production, Set One, dated May 1, 2025 Exhibit C: Defendant's meet-and-confer letter, dated May 10, 2025 ``` See `ca-statewide-format/references/exhibit-handling.md` for the full exhibit-handling guide. ## Declarations vs. motions — drawing the line Declarations contain **sworn facts**. Motions contain **argument**. A common mistake: argument disguised as fact. Wrong (in the declaration): > Plaintiff is clearly a debt buyer that doesn't have proper > chain of title and is trying to mislead the Court. This is argument. It belongs in the Memorandum, not the declaration. Right (in the declaration): > 7. Plaintiff's corporate filing. Based on my review of > the California Secretary of State's business entity > search (Exhibit D), Plaintiff [Name] is registered as > a Delaware limited liability company with its principal > place of business listed as [City]. Plaintiff's > Complaint alleges it "acquired" my account through > an "assignment" but Plaintiff has produced no > assignment agreement in response to Requests for > Production. The facts are sworn; the characterization ("trying to mislead") is omitted. The Memorandum argues based on the sworn facts. ## Cal. Evid. Code § 1271 — business records For declarations supporting **business records** under Cal. Evid. Code § 1271 (the state analog to FRE 803(6)), the declarant should be a custodian or qualified witness attesting that: 1. The record was made in the regular course of a business 2. It was the regular course of that business to make such records 3. The record was made at or near the time of the acts or events it records 4. The sources of information and method of preparation were trustworthy For a debt-buyer plaintiff's declaration attempting to authenticate the original creditor's records, this foundation typically fails because the debt buyer's custodian did not work for the original creditor when the records were made. See `ca-consumer-debt/references/evidence-debt-buyer.md` for foundational challenges. ## Scenario-specific sample components ### Motion to compel — declarant is moving party Paragraphs should cover (in order): - Identity and role (¶ 1) - Personal knowledge statement (¶ 2) - Service of discovery requests (¶ 3) - Fact of responses (¶ 4) - Each substantive objection and the meet-and-confer effort (¶¶ 5–7) - Current status — no supplementation (¶ 8) - Prejudice / need (¶ 9) - Fee calculation (if requesting sanctions) (¶ 10) ### Opposition to demurrer — declarant is opposing party Rare for demurrer oppositions (which turn on the face of the pleading), but useful when the opposing party wants to include facts not in the complaint. Paragraphs: - Identity (¶ 1) - Facts supporting each cause of action challenged by the demurrer (¶¶ 3+), demonstrating they are pleadable with particularity ### Summary judgment opposition — declarant creates triable issue The SJ declaration is critical: it must create a **genuine triable issue** of material fact (CCP § 437c(p)). Each disputed fact in the Separate Statement of Disputed Facts should be supported by a specific declaration paragraph and exhibit. Format: ``` 5. Account ownership. I reviewed the complaint. Plaintiff alleges it "acquired" my account (Complaint ¶ 6), but Plaintiff produced no assignment agreement, bill of sale, or forward-flow agreement in response to Requests for Production, Set One, Nos. 3, 5, and 6. (Exhibit B.) I am unable to verify that Plaintiff owns the account it claims. ``` This paragraph creates a triable issue of fact on standing. ## Layered composition This skill ALWAYS composes with: - **`ca-statewide-format`** — caption, format, line numbers, signature block, exhibit conventions It typically composes with: - **`ca-pro-se`** — for pro se declarants; omit Bar No.; "In Pro Per" in signature block - **`ca-draft-motion`** — the declaration usually accompanies a motion - **`ca-lasc` / `ca-sfsc` / `ca-county-courts`** — the court header in the caption reflects the venue ## Quality checks Before filing: - **`ca-quality-check`** — format pass (CRC 2.100–2.119) - **`ca-fact-check`** — verifies that the declaration's facts are consistent with the motion and any exhibits ## Common pitfalls | Pitfall | Consequence | |---|---| | Missing "under the laws of the State of California" in attestation | Declaration invalid under CCP § 2015.5 | | Missing place of execution | Technically defective; subject to objection | | Argument mixed in with facts | Subject to motion to strike; weakens both motion and declaration | | Legal conclusions | Inadmissible opinion; opposing counsel will object | | Facts beyond personal knowledge without foundation | Cal. Evid. Code § 702 objection | | Numbered exhibits (1, 2, 3) | Wrong convention for California state court (use letters: A, B, C) | | No exhibit list | Disorganized record; judge can't navigate | | Attestation at the top rather than at the close | § 2015.5 requires attestation to follow the facts, not precede them | ## Cross-references - `ca-statewide-format/references/exhibit-handling.md` — exhibit conventions - `ca-pro-se` — pro-se drafting framework and pro se signature block - `ca-draft-motion` — companion motion - `ca-law-references/references/evidence-rules.md` — Cal. Evid. Code references **NOT LEGAL ADVICE.** Generated content is a drafting aid; verify against current rules and case law before filing.