I DECLARE THE FOLLOWING UNDER PENALTY OF PERJURY:

Cal. Form CP-105

California Superior Local Rules

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, 1174.25PREJUDGMENT 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. l 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. 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 twoCP10.5 [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.

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Document details

Collection	California Superior Local Rules
Citation	Cal. Form CP-105
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	ed2752c8c200b0508ef12d7bbaa72b4b8c0b2690

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