SHC-UD-01 (Rev. 10/05/2020)
Please visit our Self-Help Portal at: https://selfhelp.occourts.org
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st
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SUPERIOR COURT OF CALIFORNIA
COUNTY OF ORANGE
SELF-HELP CENTER
www.occourts.org/self-help
OPENING AN UNLAWFUL DETAINER CASE
The Self-Help Center provides a free document review
service. To obtain an appointment to have your documents
reviewed, you must first fully complete the forms.
Pleaseuseblackink.
Self-Help Center Locations:
FORMS
All of the mentioned forms, except the Notice to
Tenant, are available from the clerk or on the Court’s
Web-site at: www.occourts.org.
Most commonly used forms:
CM-010 Civil Case Cover Sheet
UD-100 Complaint Unlawful Detainer
SUM-130 Summons Unlawful Detainer
POS-010 Proof of Service of Summons
CIV-100 Request for Entry of Default
UD-116 Declaration for Default Judgment by
Court (UD-CCP 585(d))
UD-110 Judgment Unlawful Detainer
UD-150 Request/Counter Request to Set Case
for Trial-Unlawful Detainer.
L-1051 Application for Writ of Possession
Unlawful Detainer
EJ-130 Writ of Execution/Possession
INTERPRETERS
The court will provide free interpreter services in
Unlawful Detainer matters. If you need free
interpreter services, contact the Court Interpreter’s
office to request an interpreter at:
http://www.occourts.org/directory/cris/LAP or call
(657) 622-6878 and select option 2 and then option
8 on the phone menus.
QUESTIONS
If you have any legal questions, you must contact an
attorney or do you own research. The Orange
County Law Library is available to the public.
If you have a question regarding the status of your
case, you may look online at www.occourts.org or
contact the Justice Center where the case is filed.
If you are representing yourself in an Unlawful
Detainer action, you are exempt from the mandatory
electronic filing rules (Code of Civil Procedure §
1010.6, Orange County Superior Court Rule 352).
You may file in person at the proper venue. If you
prefer, you may electronically file your forms at
www.occourts.org.
All filings must be completed properly and
accurately. Any documents needing correction will
be returned. This may delay your judgment and/or
writ. If you are filing an exemption please provide a
self-addressed, stamped envelope for the return of
your documents.
VENUE
You must file in the proper venue. You may ask the
clerk for a Court Designation List/Filing Court
Locator, or check the Court’s Web-site at:
www.occourts.org.
COURT FEES
Make checks payable to Clerk of the Court.
Pursuant to the Government Code, the Superior
Court must charge for the various documents filed
and issued. A current fee schedule is available at
the Clerk’s Office or at www.occourts.org.
SHERIFF FEES
Make checks payable to Orange County Sheriff.
Check with Sheriff for current fee for the posting of
Writ of Possession.
OTHER INFORMATION
ORANGE COUNTY PUBLIC LAW LIBRARY (714) 834-3397
515 N. Flower, Santa Ana
Building 32 (in the Civic Center Plaza)
WWW.OCPLL.ORG
FAIR HOUSING (800) 698-FAIR or (714) 569-0823
The Fair Housing Council is available to answer landlord-tenant
questions, investigate discrimination allegations, and they have a
counselor available.
ORANGE COUNTY BAR LAWYER REFERRAL AND
INFORMATION (949) 440-6747
O.C. APARTMENT ASSOCATION (714) 638-5550
COMMUNITY LEGAL AID SOCAL (714) 571-5200
www.communitylegalsocal.org (800) 834-5001
Legal Aid is available to answer landlord-tenant
questions through its Hotline, provide community education at
the weekly Landlord-Tenant Clinic, assist in preparation of
pleadings, and provide representation in certain cases to senior
citizens and very low income tenants.
This pamphlet is for general information only and is
not a substitute for legal advice.
Form No. L1163 (Rev. Mar. 2019)
Unlawful
Detainer
Information
DAVID H. YAMASAKI
CLERK OF THE COURT
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ORANGE
www.occourts.org
Central Justice Center
700 Civic Center Drive West
Santa Ana, CA 92701
(657) 622-6878
Harbor Justice Center
Newport Beach Facility
4601 Jamboree Road
Newport Beach, CA 92660
(657) 622-5400
North Justice Center
1275 North Berkeley Avenue
Fullerton, CA 92832
(657) 622-5600
West Justice Center
8141 13th Street
Westminster, CA 92683
(657) 622-5900
This information is intended as a procedural guide
only. You may wish to seek an attorney’s advice.
Any errors in following the strict procedural
requirements may result in having to start over again
and may delay you in obtaining the eviction. If the
tenant files an answer, you may have to represent
yourself in a court or jury trial.
If you are evicting a lodger from the home you own
and reside in, this may not be the procedure for you.
You should seek legal advice as there may be a
quicker and less costly method of eviction.
FILING STEPS
There are several steps. Each step must be
completed and the appropriate time must elapse
before continuing.
NOTICE TO TENANT
Several types of notices are available at office
supply stores. You must choose the appropriate
one for your situation.
Notice must be properly served to the tenant
prior to initiating a case with the Court.
A proof of service then must be completed after
the notice is served.
A copy of the Notice to Pay or Quit and proof of
service must be attached to the complaint.
SUMMONS AND COMPLAINT
1. If you are representing yourself you may file
your Unlawful Detainer Summons, Unlawful
Detainer Complaint, and a Civil Case Cover
Sheet in person at the court of proper venue. Or
if you prefer, you may file your documents
electronically. Filing information and service
providers can be found at www.occourts.org.
2. Pay current filing fee at the time of filing.
3. You are now the plaintiff and the party you sued
becomes the defendant.
If you file electronically, you will receive a copy of
your complaint and issued summons that includes a
case number from your Electronic Filing Service
Provider. The clerk may mail a notice for an Order
to Show Cause Hearing re: Dismissal to you at a
later date if you do not pursue your case.
SERVICE
A copy of the Summons and Unlawful Detainer
Complaint must be served on each defendant. The
person doing the service must complete and file a
separate Proof of Service for each defendant
served. Service may be done by the sheriff, a legal
process server, or someone 18 years of age or older
who is not a party to the action. Check the California
Code of Civil Procedure for more information
regarding service of the summons.
DEFAULT JUDGMENT
Immediate Possession of Property
If the defendant fails to properly respond within the
time allotted on the summons plus any additional
time required depending on the method of service
used, then the clerk will enter a default upon your
filing of a properly executed “Request for Entry of
Default.” To obtain a default judgment you must file
the following forms: Proof of Service, Request for
Entry of Default, JudgmentUnlawful Detainer, and
Application for Writ of Possession, and a Writ of
Possession along with the fee to issue a Writ.
DEFAULT JUDGMENT
For Possession of Property and Money
This type of default judgment can be for the total rent
owed to you after you have obtained possession of
the property or you may choose to have a judgment
for possession and rent owed. This type of
judgment can be done by declaration or by
appearing before a judge at a “Prove-up” hearing.
Find Default Prove-Up calendaring information at
www.occourts.org. There is no fee.
The forms required for a Court Default Judgment for
rent after obtaining possession are: Declaration in
Lieu of Testimony (or a prove-up hearing) and
Judgment.
The forms required for Court Judgment for
Possession and rent, simultaneously, are all of the
above, plus: Proof of Service for each defendant,
Request for Entry of Default, Application for Writ of
Possession, and the Writ of Possession, plus the fee
to issue the Writ.
TRIAL AND JUDGMENT
Once the defendant has filed a written answer,
either party may request a trial date by filing a
Request/Counter-Request to Set Case for Trial. A
trial date is set by the clerk on the earliest date
available within the statutory time; usually within 20
days of filing the request. When requesting a trial
date, either party may request a jury trial. Jury fees
must then be posted with the court at least five (5)
days prior to the trial date.
At the trial, one of several things could happen. If
both parties are present, the case will be tried so be
ready! If only the plaintiff is present and wishes to
proceed, the case may be tried as an uncontested
trial, and it may proceed to judgment based on the
proof you have offered. If, on the other hand, the
defendant is the only party to appear, he or she may
ask to have the case dismissed.
If the court orders judgment for you and requests
that you, the plaintiff, are to prepare the judgment,
you may use the form, Judgment After Trial. Submit
your judgment along with an Application for Writ of
Possession, and the Writ of Possession, plus the fee
to issue a Writ.
SHERIFF INSTRUCTIONS
The Writ of Possession is a court order that directs
the Sheriff to evict the tenant after you have
obtained judgment. Your form instructions for the
Sheriff along with the required fee will need to be
submitted to the Sheriff’s Department along with the
issued writ of possession. Check with the Sheriff for
current fees.
The Sheriff may be contacted at the following
telephone numbers. The correct Sheriff for service
is the one in the venue area of where the property is
located.
Central and North: (714) 569-3700
Harbor-Newport Beach: (949) 476-4820
CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
TELEPHONE NO.: FAX NO.:
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
CASE NAME:
CIVIL CASE COVER SHEET
Complex Case Designation
LimitedUnlimited
Counter Joinder
(Amount(Amount
demanded isdemanded Filed with first appearance by defendant
(Cal. Rules of Court, rule 3.402)
$25,000 or less)exceeds $25,000)
Items 1–6 below must be completed (see instructions on page 2).
1. Check one box below for the case type that best describes this case:
Auto Tort
Contract
Provisionally Complex Civil Litigation
(Cal. Rules of Court, rules 3.400–3.403)
Auto (22)
Breach of contract/warranty (06)
Uninsured motorist (46)
Other collections (09)
Antitrust/Trade regulation (03)
Other PI/PD/WD (Personal Injury/Property
Damage/Wrongful Death) Tort
Construction defect (10)
Insurance coverage (18)
Mass tort (40)
Rule 3.740 collections (09)
Asbestos (04)
Securities litigation (28)
Real Property
Product liability (24)
Environmental/Toxic tort (30)
Eminent domain/Inverse
condemnation (14)
Medical malpractice (45)
Insurance coverage claims arising from the
above listed provisionally complex case
types (41)
Other PI/PD/WD (23)
Wrongful eviction (33)
Non-PI/PD/WD (Other) Tort
Enforcement of Judgment
Business tort/unfair business practice (07)
Enforcement of judgment (20)
Civil rights (08)
Commercial (31)
Miscellaneous Civil Complaint
Defamation (13)
Residential (32)
RICO (27)
Fraud (16)
Drugs (38)
Other complaint (not specified above) (42)
Intellectual property (19)
Judicial Review
Miscellaneous Civil Petition
Asset forfeiture (05)
Partnership and corporate governance (21)
Petition re: arbitration award (11)
Employment
Writ of mandate (02)
Wrongful termination (36)
Other judicial review (39)
is2. This case is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
Extensive motion practice raising difficult or novel
issues that will be time-consuming to resolve
Large number of witnesses a.
b.
f.
c.
3. Remedies sought (check all that apply):
punitive
a.
monetary
nonmonetary; declaratory or injunctive relief
c.
4. Number of causes of action (specify):
is
is not a class action suit.
5. This case
Date:
(TYPE OR PRINT NAME)
(SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)
NOTICE
Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result
in sanctions.
File this cover sheet in addition to any cover sheet required by local court rule.
If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all
other parties to the action or proceeding.
Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only.
Page 1 of 2
Cal. Rules of Court, rules 2.30, 3.220, 3.400–3.403, 3.740;
Cal. Standards of Judicial Administration, std. 3.10
www.courtinfo.ca.gov
Form Adopted for Mandatory Use
Judicial Council of California
CM-010 [Rev. July 1, 2007]
CIVIL CASE COVER SHEET
Other non-PI/PD/WD tort (35)
Professional negligence (25)
Other real property (26)
Other petition (not specified above) (43)
Other employment (15)
e.
d.
Substantial amount of documentary evidence
Large number of separately represented parties
Coordination with related actions pending in one or more courts
in other counties, states, or countries, or in a federal court
Substantial postjudgment judicial supervision
Unlawful Detainer
CASE NUMBER:
JUDGE:
DEPT:
If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.)
6.
b.
Other contract (37)
700 Civic Center Drive
Santa Ana, CA 92701
Central Justice Center
Auto (22)–Personal Injury/Property
Auto Tort
case involves an uninsured
motorist claim subject to
arbitration, check this item
instead of Auto)
Uninsured Motorist (46) (if the
Damage/Wrongful Death
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must
complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile
statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check
one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1,
check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action.
To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover
sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party,
its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court.
To Parties in Complex Cases
. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the
case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by
completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the
complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the
plaintiff's designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that
the case is complex.
CASE TYPES AND EXAMPLES
Contract
Provisionally Complex Civil Litigation (Cal.
Rules of Court Rules 3.400–3.403)
Breach of Contract/Warranty (06)
Breach of Rental/Lease
Contract (not unlawful detainer
Antitrust/Trade Regulation (03)
Construction Defect (10)
Claims Involving Mass Tort (40)
Securities Litigation (28)
Environmental/Toxic Tort (30)
or wrongful eviction)
Contract/Warranty Breach–Seller
Plaintiff (not fraud or negligence)
Negligent Breach of Contract/
Warranty
Insurance Coverage Claims
Other Breach of Contract/Warranty
(arising from provisionally complex
case type listed above) (41)
Collections (e.g., money owed, open
Other PI/PD/WD (Personal Injury/
Property Damage/Wrongful Death)
Tort
book accounts) (09)
Collection Case–Seller Plaintiff
Asbestos (04)
Enforcement of Judgment
Other Promissory Note/Collections
Enforcement of Judgment (20)
Asbestos Property Damage
Case
Asbestos Personal Injury/
Insurance Coverage (not provisionally
Abstract of Judgment (Out of
Wrongful Death
complex) (18)
County)
Confession of Judgment (non-
Product Liability (not asbestos or
Auto Subrogation
toxic/environmental) (24)
domestic relations)
Other Coverage
Other Contract (37)
Medical Malpractice (45)
Sister State Judgment
Medical Malpractice–
Administrative Agency Award
Contractual Fraud
Physicians & Surgeons
(not unpaid taxes)
Petition/Certification of Entry of
Judgment on Unpaid Taxes
Other Contract Dispute
Other Professional Health Care
Malpractice
Real Property
Eminent Domain/Inverse
Other PI/PD/WD (23)
Other Enforcement of Judgment
Premises Liability (e.g., slip
Condemnation (14)
Case
and fall)
Wrongful Eviction (33)
Intentional Bodily Injury/PD/WD
Other Real Property (e.g., quiet title) (26)
Miscellaneous Civil Complaint
RICO (27)
(e.g., assault, vandalism)
Writ of Possession of Real Property
Mortgage Foreclosure
Intentional Infliction of
Other Complaint (not specified
above) (42)
Emotional Distress
Quiet Title
Negligent Infliction of
Declaratory Relief Only
Other Real Property (not eminent
domain, landlord/tenant, or
foreclosure)
Injunctive Relief Only (non-
Emotional Distress
Other PI/PD/WD
harassment)
Mechanics Lien
Non-PI/PD/WD (Other) Tort
Unlawful Detainer
Other Commercial Complaint
Business Tort/Unfair Business
Case (non-tort/non-complex)
Commercial (31)
Residentia
l (32)
Practice (07)
Civil Rights (e.g., discrimination,
false arrest) (not civil
Other Ci
vil Complaint
(non-tort/non-complex)
Drugs (38) (if the case involves illegal
drugs, check this item; otherwise,
report as Commercial or Residential)
Miscellaneous Civil Petition
harassment) (08)
Defamation (e.g., slander, libel)
Partnership and Corporate
(13)
Governance (21)
Judicial Review
Fraud (16)
Other Petition (not specified
Asset Forfeiture (05)
above) (43)
Intellectual Property (19)
Petition Re: Arbitration Award (11)
Civil Harassment
Professional Negligence (25)
Writ of Mandate (02)
Workplace Violence
Legal Malpractice
Other Professional Malpractice
(not medical or legal)
Other Non-PI/PD/WD Tort (35)
Writ–Administrative Mandamus
Writ–Mandamus on Limited Court
Elder/Dependent Adult
Abuse
Case Matter
Election Contest
Writ–Other Limited Court Case
Petition for Name Change
Review
Petition for Relief From Late
Employment
Claim
Other Judicial Review (39)
Wrongful Termination (36)
Other Employment (15)
Review of Health Officer Order
Notice of Appeal–Labor
Commissioner Appeals
Other Civil Petition
CM-010 [Rev. July 1, 2007]
Page 2 of 2
CIVIL CASE COVER SHEET
CM-010
To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money
owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in
which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort
damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of
attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general
time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections
case will be subject to the requirements for service and obtaining a judgment in rule 3.740.
2.
This action seeks possession of real property that is (check all that apply):
Form Adopted for Mandatory Use
Judicial Council of California
UD-101 [New October 5, 2020]
Code of Civil Procedure, § 1179.01 et seq.
PLAINTIFF'S MANDATORY COVER SHEET AND
SUPPLEMENTAL ALLEGATIONS—UNLAWFUL DETAINER
ATTORNEY OR PARTY WITHOUT ATTORNEY
STATE BAR NUMBER:
NAME:
FIRM NAME:
STREET ADDRESS:
CITY: STATE: ZIP CODE:
TELEPHONE NO.: FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
BRANCH NAME:
CITY AND ZIP CODE:
PLAINTIFF:
DEFENDANT:
PLAINTIFF'S MANDATORY COVER SHEET AND
SUPPLEMENTAL ALLEGATIONS—UNLAWFUL DETAINER
FOR COURT USE ONLY
CASE NUMBER:
UD-101
(If "residential" is checked, complete items 3 and 4 and all remaining items that apply to this action. If only "commercial" is
checked, no further items need to be completed except the signature and verification.)
Commercial
a.
A plaintiff filing a complaint for unlawful detainer, or requesting any court action in an unlawful detainer proceeding filed before October
5, 2020, must complete all sections of this form applicable to the action. Filing this form complies with the requirement in Code of Civil
Procedure section 1179.01.5(c).
Serve this form with the summons.
If a summons has already been served, then serve by mail or any other means of service authorized by law.
If defendant has already answered, there is no requirement for defendant to respond to the supplemental allegations
before trial.
1.
PLAINTIFF (name each):
alleges causes of action in the complaint filed in this action against DEFENDANT (name each):
For action filed (check one):
on October 5, 2020, or later
before October 5, 2020
This action is based, in whole or in part, on an alleged default payment of rent or other charges.
No
Page 1 of 4
3.
a. (1) One or more defendants in this action is a natural person:
No
(2) Identify any defendant not a natural person:
(If no is checked, then no further items need to be completed except the signature and verification.)
b.
(1) All defendants named in this action maintain occupancy as described in Civil Code section 1940(b).
No
(2) Identify any defendant who does not:
(If yes is checked, then no further items need to be completed except the signature and verification.)
Statutory cover sheet allegations (Code Civ. Proc., § 1179.01.5(c))
b.
Tenants subject to COVID-19 Tenant Relief Act of 2020 (Code Civ. Proc., § 1179.02(h))
Residential
Yes
Yes
Yes
www.courts.ca.gov
Orange
700 Civic Center Drive
Santa Ana, CA 92701
Central Justice Center
UD-101 [New October 5, 2020]
PLAINTIFF'S MANDATORY COVER SHEET AND
SUPPLEMENTAL ALLEGATIONS—UNLAWFUL DETAINER
Page 2 of 4
UD-101
PLAINTIFF:
DEFENDANT:
CASE NUMBER:
'HIHQGDQW
(2)
did not deliver a declaration of COVID-19related financial distress on landlord in the time required. (Code Civ. Proc.,
§ 1179.03(f).)
d.
Response to notice (check all that apply):
'HIHQGDQW
(1)
delivered a declaration of COVID-19related financial distress on landlord in the time required. (Code Civ. Proc.,
§ 1179.03(f).)
'HIHQGDQW
c.
was served with at least 15 days' notice to pay rent or other financial obligations, quit, or deliver a declaration, and an unsigned
declaration of COVID-19related financial distress, in the form and with the content required in Code of Civil Procedure section
1179.03(b) and (d).
b. One or more defendants was served with the notice in item 6a on a different date or in a different manner, which service is
described in attachment 8c.
6.
Rent or other financial obligations due between March 1, 2020, and August 31, 2020 (protected time period)
The unlawful detainer complaint in this action is based, at least in part, on a demand for payment of rent or other financial
obligations due in the protected time period. (Check all that apply.)
(name each):
'HIHQGDQW
a.
was served the "Notice from the State of California" required by Code of Civil Procedure section 1179.04, and if more than one
defendant, on the same date and in the same manner. (Provide information regarding service of this notice in item 8 below.)
5.
(If the notice identified defendant as a high-income tenant and requested submission of documentation supporting any
declaration the defendant submits, complete item 9 below. (Code Civ. Proc., § 1179.02.5(c).))
(If filing form UD-100 with this form and item 6c is checked, specify this 15-day notice in item 9a(7) on form UD-100, attach
a copy of the notice to that complaint form, and provide all requested information about service on that form.)
b.
Date forbearance began(1)
Date forbearance ended(2)
does not
4.
(Complete this item if action filed before December 31, 2020) Defendant provided a statement
under penalty of perjury for the Centers for Disease Control and Prevention's order for Temporary Halt in Evictions to Prevent
Further Spread of COVID-19 (85 Federal Register 55292). (Note to plaintiff: Proceeding in violation of the federal order may
result in civil or criminal penalties.)
has not
Federal law allegations
a.
Unlawful detainer notice expired before March 1, 2020
The unlawful detainer complaint in this action is based solely on a notice to quit, to pay or quit, or to perform covenants or
quit, in which the time period specified in the notice expired before March 1, 2020. (If this is the only basis for the action, no
further items on this form need to be completed except the signature and verification on page 4. (Code Civ. Proc.,
§ 1179.03.5(a)(1).))
7.
Rent or other financial obligations due between September 1, 2020, and January 31, 2021 (the transition time period)
The unlawful detainer complaint in this action is based, at least in part, on a demand for payment of rent or other financial
obligations due during the transition time period.
'HIHQGDQW
a.
was served the "Notice from the State of California" required by Code of Civil Procedure section 1179.04, and if more than one
defendant, on the same date and in the same manner. (Provide information regarding service of this notice in item 8 below.)
This action seek possession of a dwelling unit in property that has a federally backed multifamily
mortgage for which forbearance has been granted under title 15 United States Code section 9057.
(name each):
(name each):
(name each):
(name each):
has
does
UD-101 [New October 5, 2020]
PLAINTIFF'S MANDATORY COVER SHEET AND
SUPPLEMENTAL ALLEGATIONS—UNLAWFUL DETAINER
Page 3 of 4
UD-101
PLAINTIFF:
DEFENDANT:
CASE NUMBER:
8.
a.
The notice identified in item 6a and 7a was served on the defendant named in those items as follows:
(1)
(date):
By personally handing a copy to defendant on
(2)
(name or description):
By leaving a copy with
a person of suitable age and discretion, on (date):
,
at defendant's
business AND mailing a copy to defendant at defendant's place of residence.
(3)
(date):
By posting a copy on the premises on
(date):
AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on
(a) because defendant's residence and usual place of business cannot be ascertained OR
(b)
because no person of suitable age or discretion can be found there.
(4)
(date):
By sending a copy by mail addressed to the defendant on
Service of Code of Civil Procedure Section 1179.04 Notice From the State of California (check all that apply)
b.
was served on behalf of all defendants who signed a joint written rental agreement.
c. Information about service of notice on the defendants alleged in items 6b and 7b is stated in Attachment 8c.
(Name):
d. Proof of service of the notice or notices in items 6a, 6b, 7a, and 7b is attached to this form and labeled Exhibit 1.
e.
Rent due (complete only if action filed after January 31, 2021):
Rent in the amount of $
(1)
was due between September 1, 2020 and January 31, 2021.
Payment of $(2) for that period was received by January 31, 2021.
'HIHQGDQW
(2)
did not deliver a declaration of COVID-19related financial distress on the landlord in the time required. (Code Civ. Proc.,
§ 1179.03(f).))
'HIHQGDQW
(1)
delivered a declaration of COVID-19related financial distress on the landlord in the time required. (Code Civ. Proc.,
§ 1179.03(f).)
d.
Response to notice (check all that apply):
'HIHQGDQW
c.
was served with at least 15 days' notice to pay rent or other financial obligations, quit, or deliver a declaration, and an unsigned
declaration of COVID-19-related financial distress, in the form and with the content required in Code of Civil Procedure
section 1179.03(c) and (d).
(If the notice identified defendant as a high-income tenant and requested submission of documentation supporting any
declaration the defendant submits, complete item 9 below. (Code Civ. Proc., § 1179.02.5(c).))
(If filing form UD-100 with this form and item 6c is checked, specify this 15-day notice in item 9a(7) on form UD-100, attach
a copy of the notice to that complaint form, and provide all requested information about service on that form.)
b. One or more defendants was served with the notice in item 7a on a different date or in a different manner, which service is
described in attachment 8c.
7.
9.
High-income tenant. The 15-day notice in item 6c or 7c above identified defendant as a high-income tenant and requested
submission of documentation supporting the tenant's claim that tenant had suffered COVID-19related financial distress.
Plaintiff had proof before serving that notice that the tenant has an annual income that is at least 130 percent of the median
income for the county the rental property is located in and not less than $100,000. (Code Civ. Proc., § 1179.02.5.)
a.
The tenant did not deliver a declaration of COVID-19related financial distress within the required time. (Code Civ. Proc.,
§ 1179.03(f).)
b.
The tenant did not deliver documentation within the required time supporting that the tenant had suffered COVID-19
related financial distress as asserted in the declaration. (Code Civ. Proc., § 1179.02.5(c).)
(name each):
(name each):
(name each):
residence
UD-101 [New October 5, 2020]
PLAINTIFF'S MANDATORY COVER SHEET AND
SUPPLEMENTAL ALLEGATIONS—UNLAWFUL DETAINER
4 of 4
UD-101
PLAINTIFF:
DEFENDANT:
CASE NUMBER:
(SIGNATURE OF PLAINTIFF OR ATTORNEY)
Date:
(TYPE OR PRINT NAME)
VERIFICATION
(Use a different verification form if the verification is by an attorney or for a corporation or partnership.)
I am the plaintiff in this proceeding and have read this complaint. I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
(SIGNATURE)
Date:
(TYPE OR PRINT NAME)
12.
Number of pages attached
(specify):
b.
The tenancy identified in the unlawful detainer complaint in this action was terminated for no-fault just cause as defined in
Civil Code section 1946.2(b)(2), which reason is in the notice of termination. (Code Civ. Proc., § 1179.03.5(a)(3)(A)(ii).)
(Complete (1) or (2) below, only if applicable.)
(2)
The tenancy identified in the complaint in this action was terminated because the owner of the property has entered
(1)
is not
necessary to comply with codes, statutes, or regulations relating to the habitability of the rental units. (Code Civ.
Proc., § 1179.03.5(a)(3)(A)(ii).)
c.
This action is based solely on the cause of termination checked in item 10a or b above, and is not for nonpayment of rent
or other financial obligations. (If this item applies, plaintiff may not recover any rental debt due from the period between
March 1, 2020, and January 31, 2021, as part of the damages in this action. (Code Civ. Proc., § 1179.03.5(a)(3)(B).))
The no-fault just cause is the intent to demolish or substantially remodel, which
into a contract with a buyer who intends to occupy the property and the property
meets all the requirements of Civil Code section 1946.2(e)(8). (Code Civ. Proc., § 1179.03.5(a)(3)(A)(ii)(II).)
does not
11.
Rent or other financial obligations due after January 31, 2021. (Only applicable if action is filed on or after February 1,
2021.) The only demand for rent or other financial obligations on which the unlawful detainer complaint in this action is based
is a demand for payment of rent due after January 31, 2021.
10.
a.
Just cause eviction. (Only applicable if action is filed before February 1, 2021. Note: If the tenancy is subject to the Tenant
Protection Act of 2019 (including Civil Code section 1946.2), plaintiff must, if using form UD-100, complete item 8 on that form
in addition to this item.)
The tenancy identified in the unlawful detainer complaint in this action was terminated for at-fault just cause as defined in
Civil Code section 1946.2(b)(1), which reason is in the notice of termination. (Code Civ. Proc., § 1179.03.5(a)(3)(A)(i).)
is
does
FEE WAIVER: If you cannot pay the filing fee, ask the clerk for
a fee waiver form. NOTE: The court has a statutory lien for
waived fees and costs on any settlement or arbitration award of
$10,000 or more in a civil case. The court's lien must be paid
before the court will dismiss the case.
SUM-130
FOR COUT USE ONLY
SOLO PARA USO DE LA CORTE)
SUMMONS
(CITACIÓN JUDICIAL)
UNLAWFUL DETAINER—EVICTION
(RETENCIÓN ILÍCITA DE UN INMUEBLE—DESALOJO)
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO):
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTÁ DEMANDANDO EL DEMANDANTE):
NOTICE! You have been sued. The court may decide against
you without your being heard unless you respond within 5 days.
You have 5 DAYS, not counting Saturdays and Sundays and
other judicial holidays, after this summons and legal papers are
served on you to file a written response at this court and have a
copy served on the plaintiff.
A letter or phone call will not protect you. Your written response
must be in proper legal form if you want the court to hear your
case. There may be a court form that you can use for your
response. You can find these court forms and more information
at the California Courts Online Self-Help Center
(www.courts.ca.gov/selfhelp), your county law library, or the
courthouse nearest you. If you do not file your response on
time, you may lose the case by default, and your wages,
money, and property may be taken without further warning from
the court.
There are other legal requirements. You may want to call an
attorney right away. If you do not know an attorney, you may
want to call an attorney referral service. If you cannot afford an
attorney, you may be eligible for free legal services from a
nonprofit legal services program. You can locate these
nonprofit groups at the California Legal Services website
(www.lawhelpca.org), the California Courts Online Self-Help
Center (www.courts.ca.gov/selfhelp), or by contacting your
local court or county bar association.
¡AVISO! Usted ha sido demandado. Si no responde dentro de 5
días, el tribunal puede emitir un fallo en su contra sin una
audiencia. Una vez que le entreguen esta citación y papeles
legales, solo tiene 5 DÍAS, sin contar sábado y domingo y otros
días feriados del tribunal, para presentar una respuesta por
escrito en este tribunal y hacer que se entregue una copia al
demandante.
Una carta o una llamada telefónica no lo protege. Su respuesta
por escrito tiene que estar en formato legal correcto si desea que
procesen su caso en la corte. Es posible que haya un formulario
que usted pueda usar para su respuesta. Puede encontrar estos
formularios de la corte y más información en el Centro de Ayuda
de las Cortes de California (www.sucorte.ca.gov), en la biblioteca
de leyes de su condado o en la corte que le quede más cerca. Si
no presenta su respuesta a tiempo, puede perder el caso por falta
de comparecencia y se le podrá quitar su sueldo, dinero y bienes
sin más advertencia.
Hay otros requisitos legales. Es recomendable que llame a un
abogado inmediatamente. Si no conoce a un abogado, puede
llamar a un servicio de remisión a abogados. Si no puede pagar a
un abogado, es posible que cumpla con los requisitos para
obtener servicios legales gratuitos de un programa de servicios
legales sin fines de lucro. Puede encontrar estos grupos sin fines
de lucro en el sitio web de California Legal Services,
(www.lawhelpcalifornia.org), en el Centro de Ayuda de las Cortes
de California, (www.sucorte.ca.gov) o poniéndose en contacto
con la corte o el colegio de abogados local.
EXENCIÓN DE CUOTAS: Si no puede pagar la cuota de
presentación, pida al secretario de la corte que le dé un formulario
de exención de pago de cuotas. AVISO: Por ley, la corte tiene
derecho a reclamar las cuotas y los costos exentos con un
gravamen sobre cualquier cantidad de $10,000 ó más recibida
mediante un acuerdo o una concesión de arbitraje en un caso de
derecho civil. Tiene que pagar el gravamen de la corte antes de
que la corte pueda desestimar el caso.
The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (El nombre, la dirección y el
número de teléfono del abogado del demandante, o del demandante que no tiene abogado, es):
1.
2.
The name and address of the court is:
(El nombre y dirección de la corte es):
CASE NUMBER (número del caso):
SUMMONS—UNLAWFUL DETAINER—EVICTION
Form Adopted for Mandatory Use
Judicial Council of California
SUM-130 [Rev. September 1, 2019]
Code of Civil Procedure, §§ 412.20, 415.456, 1167
www.courts.ca.gov
Page 1 of 2
Superior Court of California, County of Orange
Central Justice Center
700 Civic Center Drive
Santa Ana, CA 92701
SUM-130 [Rev. September 1, 2019]
Page 2 of 2
SUMMONS—UNLAWFUL DETAINER—EVICTION
SUM-130
4.
Unlawful detainer assistant (complete if plaintiff has received any help or advice for pay from an unlawful detainer assistant):
a. Assistant's name:
b. Telephone no.:
c.
Street address, city, and zip:
d. County of registration:
e. Registration no.:
f.
Registration expires on (date) :
PLAINTIFF (Name):
DEFENDANT (Name):
CASE NUMBER:
NOTICE TO THE PERSON SERVED: You are served
[SEAL]
under:
5.
(For proof of service of this summons, use Proof of Service of Summons (form POS-010).)
(Para prueba de entrega de esta citatión use el formulario Proof of Service of Summons (form POS-010).)
CCP 416.60 (minor).
CCP 416.70 (conservatee).
CCP 416.90 (authorized person).
other (specify):
CCP 416.10 (corporation).
CCP 416.20 (defunct corporation).
CCP 416.40 (association or partnership).
CCP 415.46 (occupant).
as the person sued under the fictitious name of (specify):
b.
c. as an occupant.
d.
on behalf of (specify):
a. as an individual defendant.
, Deputy
(Adjunto)
Date:
(Fecha)
Clerk, by
(Secretario)
(date):
by personal delivery on
(Must be answered in all cases) An unlawful detainer assistant (Bus. & Prof. Code, §§ 6400–6415)
for compensation give advice or assistance with this form. (If plaintiff has received any help or advice for pay from an unlawful
detainer assistant, complete item 6 on the next page.)
3.
did
did not
e.
UD-100
2.
Plaintiff's interest in the premises is
Civil Code, § 1940 et seq;.
Code of Civil Procedure, §§ 425.12, 1166
www.courts.ca.gov
Form Approved for Optional Use
Judicial Council of California
UD–100 [Rev. September 1, 2020]
Page 1 of 4
COMPLAINT—UNLAWFUL DETAINER
The true names and capacities of defendants sued as Does are unknown to plaintiff.
* NOTE: Do not use this form for evictions after sale (Code Civ. Proc., § 1161a).
1.
a. Plaintiff is
(1)
(2)
(3)
(5)
b.
4.
5.
(specify):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
BRANCH NAME:
CITY AND ZIP CODE:
STREET ADDRESS:
MAILING ADDRESS:
PLAINTIFF:
DEFENDANT:
DOES 1 TO
CASE NUMBER:
COMPLAINT—UNLAWFUL DETAINER*
COMPLAINT AMENDED COMPLAINT
(Amendment Number):
ATTORNEY OR PARTY WITHOUT ATTORNEY
STATE: ZIP CODE:CITY:
STREET ADDRESS:
FIRM NAME:
NAME:
FAX NO.:
EMAIL ADDRESS:
ATTORNEY FOR (name):
STATE BAR NUMBER:
TELEPHONE NO.:
FOR COURT USE ONLY
PLAINTIFF (name each):
alleges causes of action against DEFENDANT (name each):
(4)
an individual over the age of 18 years.
a public agency.
other
a partnership.
a corporation.
Plaintiff has complied with the fictitious business name laws and is doing business under the fictitious name of (specify):
(specify):
as owner
other
3.
The venue is the court named above because defendant named above is in possession of the premises located at (street
address, apt. no., city, zip code, and county):
c. The premises in 3a were constructed in
(approximate year):
b.
The premises in 3a are (check one)
(name of city):
within the unincorporated area of
within the city limits of
(name of county):
(1)
(2)
a.
Jurisdiction (check all that apply):
Amount demanded
ACTION IS A LIMITED CIVIL CASE
does not exceed $10,000.
exceeds $10,000 but does not exceed $25,000.
ACTION IS AN UNLIMITED CIVIL CASE (amount demanded exceeds $25,000)
ACTION IS RECLASSIFIED by this amended complaint or cross-complaint (check all that apply):
from unlawful detainer to general unlimited civil (possession not in issue).
from unlawful detainer to general limited civil (possession not in issue).
from limited to unlimited.
from unlimited to limited.
Orange
700 Civic Center Drive
Santa Ana, CA 92701
Central Justice Center
COMPLAINT—UNLAWFUL DETAINER
Page 2 of 4
UD-100 [Rev. September 1, 2020]
(2)
(3)
d.
c.
e.
f.
(1)
(2)
(specify):
CASE NUMBER:
PLAINTIFF:
DEFENDANT:
The defendants not named in item 6a are
assignees.
subtenants.
Other
(specify):
A copy of the written agreement, including any addenda or attachments that form the basis of this complaint, is attached
and labeled Exhibit 1. (Required for residential property, unless item 6f is checked. See Code Civ. Proc., § 1166.)
(1)
The agreement was later changed as follows
(For residential property) A copy of the written agreement is not attached because (specify reason):
the written agreement is not in the possession of the landlord or the landlord's employees or agents.
this action is solely for nonpayment of rent (Code Civ. Proc., § 1161(2)).
UD-100
Because defendant failed to vacate, plaintiff is seeking to recover the total amount in 8b as damages in this action.
7.
The tenancy described in 6 (complete (a) or (b))
(1)
(2)
a.
b.
c.
The tenancy was terminated for at-fault just cause (Civil Code, § 1946.2(b)(1)).
waived the payment of rent for the final month of the tenancy, before the rent came due, under
provided a direct payment of one month's rent under section 1946.2(d)(3), equaling
a.
is not subject to the Tenant Protection Act of 2019 (Civil Code, § 1946.2). The specific subpart supporting why tenancy
is exempt is
b.
is subject to the Tenant Protection Act of 2019.
The tenancy was terminated for no-fault just cause (Civil Code, § 1946.2(b)(2)) and the plaintiff (check one)
$
$
to (name each defendant and amount given to each):
9. a.
Defendant (name each):
section 1946.2(d)(2), in the amount of
.
(Complete only if item 7b is checked. Check all applicable boxes.)
8.
(specify):
.
agreed to rent the premises as a
agreed to pay rent on the
(3)
(1)
(2)
(3)
(4)
This
6.
(specify):
(specify frequency):
(specify):
(specify):
a.
On or about (date):
defendant (name each):
(1)
month-to-month tenancy
other tenancy
(2)
agreed to pay rent of $
payable
other
monthly
other day first of the month
b.
oral
written
plaintiff.
plaintiff's agent.
plaintiff's predecessor in interest.
Other
agreement was made with
(5)
(4)
(7)
(1)
(2)
(3)
3-day notice to pay rent or quit
30-day notice to quit
60-day notice to quit
3-day notice to perform covenants or quit
(not applicable if item 7b checked)
3-day notice to quit
Other
(6)
3-day notice to quit under Civil Code, § 1946.2(c)
Prior required notice to perform covenants served
(date):
.
was served the following notice on the same date and in the same manner:
(specify):
COMPLAINT—UNLAWFUL DETAINER
Page 3 of 4
UD-100 [Rev. September 1, 2020]
10.
(4)
(5)
b.
was served on behalf of all defendants who signed a joint written rental agreement.
a.
(3)
a person of suitable age and discretion,
because defendant cannot be found at defendant's residence or usual place of business.
AND mailing a copy to defendant at defendant's place of residence
c.
d.
(a)
(b)
(1)
(2)
,
person found residing at the premises AND mailing a copy to defendant at the premises
at defendant's
The notice in item 9a was served on the defendant named in item 9a as follows:
By personally handing a copy to defendant
on (date):
By leaving a copy with
(name or description):
on (date):
residence
business
on (date):
By posting a copy on the premises
on (date):
AND giving a copy to a
on (date):
because defendant's residence and usual place of business cannot be ascertained OR
because no person of suitable age or discretion can be found there.
(Not for 3-day notice; see Civil Code, § 1946, before using) By sending a copy by certified or registered mail
addressed to defendant on (date):
(Not for residential tenancies; see Civil Code, § 1953, before using) In the manner specified in a written
commercial lease between the parties
(Name):
Information about service of notice on the defendants alleged in item 9f is stated in Attachment 10c.
Proof of service of the notice in item 9a is attached and labeled Exhibit 3.
CASE NUMBER:
PLAINTIFF:
DEFENDANT:
UD-100
Plaintiff has met all applicable requirements of the ordinances.
16.
15.
per day.
11.
12.
13.
14.
$
$
(city or county, title of ordinance, and
date of passage):
Plaintiff demands possession from each defendant because of expiration of a fixed-term lease.
At the time the 3-day notice to pay rent or quit was served, the amount of rent due was
The fair rental value of the premises is
Defendant's continued possession is malicious, and plaintiff is entitled to statutory damages under Code of Civil Procedure
section 1174(b). (State specific facts supporting a claim up to $600 in Attachment 14.)
A written agreement between the parties provides for attorney fees.
Defendant's tenancy is subject to the local rent control or eviction control ordinance of
17.
Plaintiff accepts the jurisdictional limit, if any, of the court.18.
Other allegations are stated in Attachment 17.
f.
c.
b.
All facts stated in the notice are true.
e.
d.
(2)
Defendants failed to comply with the requirements of the notice by that date.
the period stated in the notice checked in 9a expired at the end of the day.
(1)
On (date):
The notice included an election of forfeiture.
A copy of the notice is attached and labeled Exhibit 2. (Required for residential property. See Code Civ. Proc., § 1166.
When Civil Code, § 1946.2(c), applies and two notices are required, provide copies of both.)
One or more defendants were served (1) with the prior required notice under Civil Code, § 1946.2(c), (2) with a different
notice, (3) on a different date, or (4) in a different manner, as stated in Attachment 10c. (Check item 10c and attach a
statement providing the information required by items 9a–e and 10 for each defendant and notice.)
9.
COMPLAINT—UNLAWFUL DETAINER
Page 4 of 4
UD-100 [Rev. September 1, 2020]
21.
(SIGNATURE OF PLAINTIFF OR ATTORNEY)
UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400–6415)
VERIFICATION
(Use a different verification form if the verification is by an attorney or for a corporation or partnership.)
I am the plaintiff in this proceeding and have read this complaint. I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
CASE NUMBER:
PLAINTIFF:
DEFENDANT:
(Complete in all cases.) An unlawful detainer assistant
did not did
d.
b.
c.
a.
f.
for compensation give advice or assistance with this form. (If declarant has received any help or advice for pay from an unlawful
detainer assistant, complete a–f.)
e.
(TYPE OR PRINT NAME)
Date:
Assistant's name:
Street address, city, and zip code:
Telephone no.:
County of registration:
Registration no.:
Expires on (date):
(SIGNATURE OF PLAINTIFF)
(TYPE OR PRINT NAME)
Date:
costs incurred in this proceeding:
i.
19.
PLAINTIFF REQUESTS
possession of the premises.
20.
h.
a.
b.
c.
d.
e.
g.
for each day that defendants remain in possession through entry of judgment.
$
(specify):
(specify):
past-due rent of
reasonable attorney fees.
forfeiture of the agreement.
damages at the rate stated in item 13 from
date:
statutory damages up to $600 for the conduct alleged in item 14.
other
Number of pages attached
f.
$
damages in the amount of waived rent or relocation assistance
as stated in item 8:
Print this form
Save this form
Clear this form
I DECLARE THE FOLLOWING UNDER PENALTY OF PERJURY:
4. , the landlord or the landlord's authorized agent filed a complaint to recover
possession of the premises. (This date is in the accompanying Summons and Complaint.)
I occupied the premises on the date the complaint was filed (the date in item 4). I have continued to occupy the premises ever
since.
I claim a right to possession of the premises because I occupied the premises on the date the complaint was filed (the date in item
4).
I was not named in the Summons and Complaint.
I understand that if I make this claim of possession, I will be added as a defendant to the unlawful detainer (eviction) action.
(Continued on reverse)
CP10.5 [Rev. June 15, 2015]
Code of Civil Procedure, §§ 415.46,
715.010, 715.020, 1174.25
PREJUDGMENT CLAIM OF RIGHT
TO POSSESSION
(Filing fee) I understand that I must go to the court and pay a filing fee of or file with the court an
"Application for Waiver of Court Fees and Costs." I understand that if I don't pay the filing fee or file the form for waiver of court
fees, I will not be entitled to make a claim of right to possession.
10.
I was at least 18 years of age on the date the complaint was filed (the date in item 4).
My name is (specify):
I reside at (street address, unit no., city and ZIP code):
The address of "the premises" subject to this claim is (address):
On (insert date):
$
1.
2.
3.
5.
6.
7.
8.
9.
NOTICE:
EVERYONE WHO LIVES IN THIS RENTAL UNIT MAY BE EVICTED BY COURT ORDER. READ THIS FORM
IF YOU LIVE HERE AND IF YOUR NAME IS NOT ON THE ATTACHED SUMMONS AND COMPLAINT.
1. If you live here and you do not complete and submit this form, you may be evicted without further hearing by the court along with
the persons named in the Summons and Complaint.
2. You must file this form within 10 days of the date of service listed in the box on the right hand side of this form.
Exception: If you are a tenant being evicted after your landlord lost the property to foreclosure, the 10-day deadline does not
apply to you and you may file this form at any time before judgment is entered.
3. If you file this form, your claim will be determined in the eviction action against the persons named in the complaint.
4. If you do not file this form, you may be evicted without further hearing.
5. If you are a tenant being evicted due to foreclosure, you have additional rights and should seek legal advice immediately.
CP10.5
NAME OF COURT:
BRANCH NAME:
CITY AND ZIP CODE:
STREET ADDRESS:
MAILING ADDRESS:
Plaintiff:
Defendant:
FOR COURT USE ONLY
CASE NUMBER:
PREJUDGMENT CLAIM OF RIGHT TO POSSESSION
CLAIMANT OR CLAIMANT'S ATTORNEY (Name and Address):
ATTORNEY FOR (Name):
TELEPHONE NO.:
DATE OF SERVICE:
(Date that form is served or delivered,
posted, and mailed by the officer or
process server)
(To be completed by the process server)
Complete this form only if ALL of these statements are true:
1. You are NOT named in the accompanying Summons and Complaint.
2. You occupied the subject premises on or before the date the unlawful
detainer (eviction) complaint was filed. (The date is in the accompanying
Summons and Complaint.)
3. You still occupy the subject premises.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
NOTICE: If you fail to file this claim, you may be evicted without further hearing.
12.
I understand that I will have five days (excluding court holidays) to file a response to the Summons and Complaint after I file this
Prejudgment Claim of Right to Possession form.
13.
Rental agreement. I have (check all that apply to you):
a.
b.
c.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
WARNING: Perjury is a felony punishable by imprisonment in the state prison.
(SIGNATURE OF CLAIMANT)
NOTICE: If you file this claim to possession, the unlawful detainer action against you will be
determined at trial. At trial, you may be found liable for rent, costs, and, in some cases, treble
damages.
— NOTICE TO OCCUPANTS —
YOU MUST ACT AT ONCE if all the following are true:
1. You are NOT named in the accompanying Summons and Complaint.
2. You occupied the premises on or before the date the unlawful detainer (eviction) complaint was filed.
3. You still occupy the premises.
You can complete and SUBMIT THIS CLAIM FORM WITHIN 10 DAYS from the date of service (on the form) at the court
where the unlawful detainer (eviction) complaint was filed. If you are a tenant and your landlord lost the property you occupy
through foreclosure, this 10-day deadline does not apply to you. You may file this form at any time before judgment is
entered. You should seek legal advice immediately.
If you do not complete and submit this form (and pay a filing fee or file a fee waiver form if you cannot pay the fee), YOU
WILL BE EVICTED.
After this form is properly filed, you will be added as a defendant in the unlawful detainer (eviction) action and your right to
occupy the premises will be decided by the court. If you do not file this claim, you may be evicted without a hearing.
PREJUDGMENT CLAIM OF RIGHT TO POSSESSION
Page two
CP10.5 [Rev. June 15, 2015]
d.
an oral or written rental agreement with the landlord.
an oral or written rental agreement with a person other than the landlord.
an oral or written rental agreement with the former owner who lost the property to foreclosure.
other
(explain):
Date:
(TYPE OR PRINT NAME)
CASE NUMBER:
Plaintiff:
Defendant:
CP10.5
If my landlord lost this property to foreclosure, I understand that I can file this form at any time before judgment is entered, and
that I have additional rights and should seek legal advice.
11.
At the time of service I was at least 18 years of age and not a party to this action.
PROOF OF SERVICE OF SUMMONS
Form Adopted for Mandatory Use
Judicial Council of California
POS-010 [Rev. January 1, 2007]
POS-010
PROOF OF SERVICE OF SUMMONS
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
CASE NUMBER:
ATTORNEY FOR (Name):
TELEPHONE NO.: FAX NO. (Optional):
E–MAIL ADDRESS (Optional):
1.
4. Address where the party was served:
a.
5. I served the party (check proper box)
by personal service. I personally delivered the documents listed in item 2 to the party or person authorized to
receive service of process for the party (1) on (date): (2) at (time):
b.
(business) a person at least 18 years of age apparently in charge at the office or usual place of business
of the person to be served. I informed him or her of the general nature of the papers.
(1)
(home) a competent member of the household (at least 18 years of age) at the dwelling house or usual
place of abode of the party. I informed him or her of the general nature of the papers.
(2)
by substituted service. On (date): at (time): I left the documents listed in item 2 with or
in the presence of (name and title or relationship to person indicated in item 3):
Page 1 of 2
Code of Civil Procedure, § 417.10
Ref. No. or File No.:
a. Party served (specify name of party as shown on documents served):3.
b. Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person
under item 5b on whom substituted service was made) (specify name and relationship to the party named in item 3a):
(3)
(physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing
address of the person to be served, other than a United States Postal Service post office box. I informed
him or her of the general nature of the papers.
(Separate proof of service is required for each party served.)
b.
c.
d.
complaint
Alternative Dispute Resolution (ADR) package
Civil Case Cover Sheet (served in complex cases only)
I served copies of:2.
e.
f.
cross-complaint
other (specify documents):
a.
summons
(5)
(4)
I thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served
at the place where the copies were left (Code Civ. Proc., § 415.20). I mailed the documents on
(date): from (city): or a declaration of mailing is attached.
I attach a declaration of diligence stating actions taken first to attempt personal service.
Orange
700 Civic Center Drive
Santa Ana, CA 92701
Central Justice Center
Person who served papers
The fee for service was: $
not a registered California process server.
exempt from registration under Business and Professions Code section 22350(b).
a registered California process server:
(1)
(2)
(i)
Registration No.:
County:
8.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
9.
Date:
(SIGNATURE )
PROOF OF SERVICE OF SUMMONS
POS-010 [Rev. January 1, 2007]
CASE NUMBER:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
7.
I am a California sheriff or marshal and I certify that the foregoing is true and correct.
e. I am:
(iii)
(ii)
by mail and acknowledgment of receipt of service. I mailed the documents listed in item 2 to the party, to the
address shown in item 4, by first-class mail, postage prepaid,
c.
(2) from (city):
with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed
to me. (Attach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proc., § 415.30.)
(3)
(4)
by other means (specify means of service and authorizing code section):
d.
a.
b.
(1) on (date):
to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40.)
Additional page describing service is attached.
6. The "Notice to the Person Served" (on the summons) was completed as follows:
as an individual defendant.
as the person sued under the fictitious name of (specify):
(NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL)
or
a. Name:
b. Address:
c. Telephone number:
d.
Page 2 of 2
(3)
416.10 (corporation)
416.60 (minor)
416.30 (joint stock company/association)
416.70 (ward or conservatee)
416.90 (authorized person)
d.
under the following Code of Civil Procedure section:
other:
415.95 (business organization, form unknown)
415.46 (occupant)
416.20 (defunct corporation)
On behalf of (specify):
416.40 (association or partnership)
416.50 (public entity)
c.
as occupant.
employee independent contractor.
owner
5.