HEARING Code of Civil Procedure

Cal. Form CP-10

California Superior Local Rules

(Continued on reverse) CLAIM OF RIGHT TO POSSESSION AND NOTICE OF HEARING Code of Civil Procedure, §§ 715.010, 715.020, 1174.3CP10 [Rev. July 1, 2017] NAME OF COURT: BRANCH NAME: CITY AND ZIP CODE: STREET ADDRESS: MAILING ADDRESS: Plaintiff: Defendant: FOR COURT USE ONLY CASE NUMBER: CLAIM OF RIGHT TO POSSESSION AND NOTICE OF HEARING CLAIMANT OR CLAIMANT'S ATTORNEY (Name and Address): ATTORNEY FOR (Name): TELEPHONE NO.: (For levying officer use only) Completed form was received on Date: By: Time: Complete this form only if ALL of these statements are true: 1.

You are NOT named in the accompanying form called Writ of Possession. 2. You occupied the premises on or before the date the unlawful detainer (eviction) action was filed. (The date is in the accompanying Writ of Possession.) 3. You still occupy the premises. 4. A Prejudgment Claim of Right to Possession form was NOT served with the Summons and Complaint, OR this eviction results from a foreclosure. NOTICE: If you are being evicted because of foreclosure, you have additional rights and should seek legal assistance immediately.

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): 1. 2. 3. I DECLARE THE FOLLOWING UNDER PENALTY OF PERJURY: 4. , the owner, landlord, or the landlord's authorized agent filed a complaint to recover possession of the premises. (This date is in the accompanying Writ of Possession.) 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 Writ of Possession.

I understand that if I make this claim of possession, a court hearing will be held to decide whether my claim will be granted. (Filing fee) To obtain a court hearing on my claim, I understand that after I present this form to the levying officer I must go to the court and pay a filing fee of or file with the court "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 within court days, the court will immediately deny my claim. 10. I was at least 18 years of age on the date the complaint was filed (the date in item 4).

On (insert date): $ 5. 6. 7. 8. 9. (Immediate court hearing unless you deposit 15 days' rent) To obtain a court hearing on my claim, I understand I must also present a copy of this completed complaint form or a receipt from the levying officer. I also understand the date of my hearing will be set immediately if I do not deliver to the court an amount equal to 15 days' rent. 11. CP10 Check here if this property was foreclosed on. I am filing my claim in the following manner (check the box that shows how you are filing your claim.

Note that you must deliver to the court a copy of the claim form or a levying officer's receipt): a. b.

I presented this claim form to the sheriff, marshal, or other levying officer, AND within two court days I shall deliver to the court the following: (1) a copy of this completed claim form or a receipt, (2) the court filing fee or form for proceeding in forma pauperis, and (3) an amount equal to 15 days' rent; or I presented this claim form to the sheriff, marshal, or other levying officer, AND within two court days I shall deliver to the court (1) a copy of this completed claim form or a receipt, and (2) the court filing fee or form for proceeding in forma pauperis.

Do not take a copy of this claim form to the court unless you have first given the form to the sheriff, marshal, or other levying officer. (To be completed by the court) NOTICE: If you fail to appear at this hearing you will be evicted without further hearing. 13. Rental agreement. I have (check all that apply to you): 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 your claim to possession is found to be valid, 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: You are NOT named, in the accompanying form called Writ of Possession; You occupied the premises on or before the date the unlawful detainer (eviction) action was filed; and You still occupy the premises.

A Prejudgment Claim of Right to Possession form was NOT served with the Summons and Complaint, OR you are being evicted due to foreclosure. You can complete and SUBMIT THIS CLAIM FORM OR at the premises at the time of the eviction. (Give this form to the officer who comes to evict you.) If you do not complete and submit this form (and pay a filing fee or file the form for proceeding in forma pauperis if you cannot pay the fee), YOU WILL BE EVICTED along with the parties named in the writ. After this form is properly filed, A HEARING WILL BE HELD to decide your claim.

If you do not appear at the hearing, you will be evicted without a further hearing. CLAIM OF RIGHT TO POSSESSION AND NOTICE OF HEARING Page twoCP10 [Rev.

July 1, 2017] IMPORTANT: Date of hearing: Time: Dept. or Div.: Room: Address of court: Date: (TYPE OR PRINT NAME) Before the date of eviction at the sheriff's or marshal's office located at (address): CASE NUMBER:Plaintiff: Defendant: CP10 12. an oral rental agreement with the landlord. f. d. c. b. a. a written rental agreement with the landlord. an oral rental agreement with a person other than the landlord. a written rental agreement with a person other than the landlord. other (explain): a rental agreement with the former owner who lost the property through foreclosure.e. 1. 2. 3. 4. (1) (2)

Document details

Collection	California Superior Local Rules
Citation	Cal. Form CP-10
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	85e1483d4704aa2c41dab68c490a1ac3f2a7305f

Source file is stored in the law ingest library (pdf).