Professional Documents
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Unlawful Detainer Packet
Unlawful Detainer Packet
You have 5 CALENDAR DAYS 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. (To calculate the five days, count Saturday and Sunday, but do not count other court holidays. If the last day falls on a
Saturday, Sunday, or a court holiday then you have the next court day to file a written response.) 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.courtinfo.ca.gov/selfhelp), your county
law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. 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 Web site (www.lawhelpcalifornia.org), the California Courts Online Self-Help Center
(www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. 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.
Tiene 5 DÍAS DE CALENDARIO después de que le entreguen esta citación y papeles legales para presentar una respuesta por escrito en esta
corte y hacer que se entregue una copia al demandante. (Para calcular los cinco días, cuente los sábados y los domingos pero no los otros días
feriados de la corte. Si el último día cae en sábado o domingo, o en un día en que la corte esté cerrada, tiene hasta el próximo día de corte para
presentar una respuesta por escrito). Una carta o una llamada telefónica no lo protegen. 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 puede pagar la cuota de presentación, pida al secretario de la corte que le dé un formulario
de exención de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimiento y la corte 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 locales. AVISO: Por ley, la corte tiene derecho a reclamar las cuotas y los costos exentos por imponer un gravamen sobre
cualquier recuperación de $10,000 ó más de valor 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 desechar el caso.
2. 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):
3. (Must be answered in all cases) An unlawful detainer assistant (Bus. & Prof. Code, §§ 6400–6415) did not did
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.)
Date: Clerk, by , Deputy
(Fecha) (Secretario) (Adjunto)
(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, (POS-010)).
[SEAL] 4. NOTICE TO THE PERSON SERVED: You are served
a. as an individual defendant.
b. as the person sued under the fictitious name of (specify):
c. as an occupant
d. on behalf of (specify):
under: CCP 416.10 (corporation) CCP 416.60 (minor)
CCP 416.20 (defunct corporation) CCP 416.70 (conservatee)
CCP 416.40 (association or partnership) CCP 416.90 (authorized person)
CCP 415.46 (occupant) other (specify):
5. by personal delivery on (date): Page 1 of 2
Form Adopted for Mandatory Use Code of Civil Procedure, §§ 412.20, 415.456. 1167
Judicial Council of California SUMMONS—UNLAWFUL DETAINER—EVICTION www.courtinfo.ca.gov
SUM-130 [Rev. July 1, 2009] American LegalNet, Inc.
www.FormsWorkflow.com
SUM-130
PLAINTIFF (Name): CASE NUMBER:
DEFENDANT (Name):
6. 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):
For your protection and privacy, please press the Clear This Form
Print This Form button after you have printed the form. Clear This Form
COURT
COUNTY OF
......................................................
: Index No. UD-100
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
DOES 1 TO
THE PEOPLE OF THE STATE OF NEW YORK
CASE NUMBER:
COMPLAINT — UNLAWFUL DETAINER*
TO COMPLAINT AMENDED COMPLAINT (Amendment Number):
Jurisdiction (check all that apply):
ACTION IS A LIMITED CIVIL CASE
Amount demanded does not exceed $10,000
GREETINGS: exceeds $10,000 but does not exceed $25,000
ACTION IS AN UNLIMITED CIVIL CASE (amount demanded exceeds $25,000)
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
ACTION IS RECLASSIFIED by this amended complaint or cross-complaint (check all that apply):
the Honorable at the Court ,
from unlawful detainer to general unlimited civil (possession not in issue) from limited to unlimited
County of located at
from unlawful detainer to general limited civil (possession not in issue) from unlimited to limited
in room , on the day of , 20 , at o'clock in the noon, and at any recessed
or adjourned
1. PLAINTIFF (namedate, to testify and give evidence as a witness in this action on the part of the
each):
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
2. a. the partyis on(1)whose behalf
Plaintiff this subpoena
an individual wasofissued
over the age for a(4)
18 years. maximumapenalty of $50
partnership. and all damages sustained as a
result of your(2) failure to comply.
a public agency. (5) a corporation.
(3) other (specify):
b. Witness,
Plaintiff Honorable
has complied , oneunder
with the fictitious business name laws and is doing business of thethe
Justices
fictitiousofname
the of (specify):
Court in County, day of , 20
3. Defendant named above is in possession of the premises located at (street address, apt. no., city, zip code, and county):
(1) agreed to rent the premises as a month-to-month tenancy other tenancy (specify):
(2) agreed to pay rent of $ payable monthly other (specify frequency):
(3) agreed to pay rent on the first of the month Office
other day and P.O. Address
(specify):
b. This written oral agreement was made with
(1) plaintiff. (3) plaintiff's predecessor in interest.
(2) plaintiff's agent. (4) other (specify):
Telephone No.:
Facsimile
* NOTE: Do not use this form for evictions after sale (Code Civ. Proc., § 1161a).No.:
Page 1 of 3
Form Approved for Optional Use E-Mail Address: Civil Code, § 1940 et seq.
Judicial Council of California COMPLAINT—UNLAWFUL DETAINER Code of Civil Procedure §§ 425.12, 1166
UD–100 [Rev. July 1, 2005] Mobile Tel. No.: www.courtinfo.ca.gov
DEFENDANT(Name):
e. 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.)
f. (For residential property) A copy of the written agreement is not attached because (specify reason):
(1) the written agreement is not in the possession of the landlord or the landlord's employees or agents.
(2) this action is solely for nonpayment of rent (Code Civ. Proc., § 1161(2)).
7. a. Defendant (name each):
was served the following notice on the same date and in the same manner:
(1) 3-day notice to pay rent or quit (4) 3-day notice to perform covenants or quit
(2) 30-day notice to quit (5) 3-day notice to quit
(3) 60-day notice to quit (6) Other (specify):
b. (1) On (date): the period stated in the notice expired at the end of the day.
(2) Defendants failed to comply with the requirements of the notice by that date.
c. All facts stated in the notice are true.
d. The notice included an election of forfeiture.
e. A copy of the notice is attached and labeled Exhibit 2. (Required for residential property. See Code Civ. Proc.,
§ 1166.)
f. One or more defendants were served (1) with a different notice, (2) on a different date, or (3) in a different
manner, as stated in Attachment 8c. (Check item 8c and attach a statement providing the information required
by items 7a–e and 8 for each defendant.)
8. a. The notice in item 7a was served on the defendant named in item 7a as follows:
(1) by personally handing a copy to defendant on (date):
(2) by leaving a copy with (name or description): ,
a person of suitable age and discretion, on (date): at defendant's
residence business AND mailing a copy to defendant at defendant's place of residence on
(date): because defendant cannot be found at defendant's residence or usual
place of business.
(3) 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
(date):
(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) (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):
(5) (Not for residential tenancies; see Civil Code, § 1953 before using) in the manner specified in a written
commercial lease between the parties.
b. (Name):
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 item 7f is stated in Attachment 8c.
d. Proof of service of the notice in item 7a is attached and labeled Exhibit 3.
DEFENDANT(Name):
9. Plaintiff demands possession from each defendant because of expiration of a fixed-term lease.
10. At the time the 3-day notice to pay rent or quit was served, the amount of rent due was $
11. The fair rental value of the premises is $ per day.
12. 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 12.)
13. A written agreement between the parties provides for attorney fees.
14. Defendant's tenancy is subject to the local rent control or eviction control ordinance of (city or county, title of ordinance,
and date of passage):
19. (Complete in all cases.) An unlawful detainer assistant did not did for compensation give advice or assistance
with this form. (If plaintiff has received any help or advice for pay from an unlawful detainer assistant, state:)
Date:
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.
Date:
E-MAIL ADDRESS
PLAINTIFF/PETITIONER
DEFENDANT/RESPONDENT
Family Law, Domestic Violence, Paternity, Harassment, Unlawful Detainer, and all other General Civil actions presented for filing
MUST be accompanied by this declaration.
The undersigned declares that the above entitled matter is filed for proceedings in the:
East County Division - Unlawful Detainer / Civil, 3855 – F Alamo St., Simi Valley, Ca 93063 (Based upon Zip Code.)
91301 91302 91304 91307 91360 91362
91377 93020 93021 93062 93063 93064
93065 91363
East County Division – Family Law only, 3855 – F Alamo St., Simi Valley, Ca 93063 (Based upon Zip Code.)
93020 93021 93062 93063 93064 93065 91363
Ventura Division, 800 S. Victoria Ave., Ventura, Ca 93009 (Venue does NOT fall within the Zip Codes above but is within
Ventura County.)
For the checked reason:
Contract Performance in the division is expressly provided for
Equity The cause of action arose within the division
Eminent Domain The property is located within the division
Family Law Plaintiff, defendant, petitioner or respondent resides within the division
Harassment Plaintiff, defendant, petitioner or respondent resides within the division
Mandate The defendant functions wholly within the division
Name Change The petitioner resides within the division
Paternity Plaintiff, defendant, petitioner or respondent resides within the division
Personal Injury The injury occurred within the division or the defendant resides within the division
Personal Property The property is located within the division or the defendant resides within the division
Prohibition The defendant functions wholly within the division
Review The defendant functions wholly within the division
Title to Real Property The property is located within the division
Unlawful Detainer The property is located within the division
Domestic Violence Plaintiff, defendant, petitioner or respondent resides with the division
Civil not otherwise specified ______________________________________________________________________
(Venue Rule Applicable)
The address of the accident, performance, party, detention, place of business, or other factor which qualifies this case for filing in the
division:
Name: _____________________________________________ Address: ________________________________________________
Upon information and belief, I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct.
Date: __________________________________ ______________________________________________________
Signature of Attorney/Party
BRANCH NAME:
CASE NAME:
CASE NUMBER:
CIVIL CASE COVER SHEET Complex Case Designation
Unlimited Limited
(Amount (Amount Counter Joinder
JUDGE:
demanded demanded is Filed with first appearance by defendant
exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT:
BRANCH NAME:
PLAINTIFF:
THE PEOPLE OF THE STATE OF NEW YORK
DEFENDANT:
TO
CASE NUMBER:
6. I was at least 18 years of age on the date the complaint was filed (the date in item 4).
Attorney(s) for
7. 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).
8. I was not named in the Summons and Complaint.
9. I understand that if I make this claim of right to possession, I will be added as a defendant to the unlawful detainer (eviction) action.
Office and P.O. Address
10. (Filing fee) I understand that I must go to the court and pay a filing fee of $ or file with the court the form
"Application for Waiver of Court Fees and Costs." I understand that if I don't pay the filing fee or file with the court the form for
waiver of court fees within 10 days from the date of service on this form (excluding court
Telephone holidays), I will not be entitled to make a
No.:
claim of right to possession.
Facsimile No.:
(Continued on reverse)
E-Mail Address:
CP10.5 [New January 1, 1991] PREJUDGMENT CLAIM OF RIGHT Code of Civil Procedure §§ 415.46,
Mobile Tel. No.: 715.010, 715.020, 1174.25
TO POSSESSION
American LegalNet, Inc.
www.USCourtForms.com
PLAINTIFF (Name): CASE NUMBER:
DEFENDANT (Name):
NOTICE: If you fail to file this claim, you will be evicted without further hearing.
11. (Response required within five days after you file this form) 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.
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.
Date:
..............................................
(TYPE OR PRINT NAME) (SIGNATURE OF CLAIMANT)
NOTICE: If you file this claim of right to possession, the unlawful detainer (eviction) 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. (The date is
the court filing date on the accompanying Summons and Complaint.)
3. You still occupy the premises.
(Where to file this form) You can complete and SUBMIT THIS CLAIM FORM WITHIN 10 DAYS from the date of service
(on the reverse of this form) at the court where the unlawful detainer (eviction) complaint was filed.
(What will happen if you do not file this form) 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.
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 will be evicted without a hearing.
MAILING ADDRESS:
BRANCH NAME:
PLAINTIFF (Name):
Short Title: Docket No.
DEFENDANT (Name):
NOTICE OF APPEARANCE CASE NUMBER:
DECLARATION FOR DEFAULT JUDGMENT BY COURT
(Unlawful Detainer—Code
Appearance CivilofProc.,
for (provide name party): § 585(d))
Status of Party:
1. My name is (specify): ( ) Appellant/Petitioner ( ) Cross-Appellee/Cross Respondent
a. ( ) Appellee/Respondent
I am the plaintiff in this action. ( ) Intervenor
( ) Cross-Appellant/Cross-Petitioner ( ) Amicus Curiae
b. I am ( ) Other (Specify):
(1) an owner( of) the propertywill argue this appeal. (3)
An attorney an agent of the owner
(2) a manager< of the property
Name of attorney who will argue appeal,
(4) if other than(specify):
other counsel of record:
< Date of arguing attorney’s admission to this Court (month, day, year):
2. The property concerning <this action is located at (street address, apartment number, city, and county):
Other Federal/State Bar admissions: (month, day, year):
(1) agreed to rent the property for a month-to-month tenancy other tenancy (specify):
(2) AVAILABILITY OF COUNSEL/PRO SE LITIGANT
agreed to pay rent of $ payable monthly other (specify frequency):
with rent due on the first
I understand that theofperson
the month other day (specify):
who will argue the appeal must be ready at any time during or after the week of argument
which appears on the scheduling order.
b. Original agreement is attached (specify): to the original complaint.
( ) I know of no dates which would be inconvenient.
to the Application
( ) for Immediate
I request Writ ofofPossession.
that the argument to thisfor
this appeal not be calendared declaration,
the followinglabeled Exhibitare
dates, which 4b.inconvenient. I have
c. included religious holidays.
Copy of agreement with a declaration and order to admit the copy is attached (specify):
to the Application for Immediate Writ of Possession. to this declaration, labeled Exhibit 4c.
5. COUNSEL OR PRO SE LITIGANT MUST ADVISE THE COURT IN WRITING OF ANY CHANGE IN AVAILABILITY. FAILURE
Agreement changed.
TO DO SO MAY BE CONSIDERED BY THE COURT IN DECIDING MOTIONS FOR ADJOURNMENT BASED ON
a. More than one change in rent amount (specify history of all rent changes and effective dates up to the last rent
UNAVAILABILITY.
change) on Attachment 5a (form MC-025).
b. Change in rent amount (specify last rent change). TheRELATED
rent wasCASES
changed from $ to $ ,
which became
( ) effective on (date):
This case has not been before this Court previously.
and was made
(1) ( ) byThis case has been
agreement of thebefore thisand
parties Court previously. The
subsequent short title,
payment docket
of such number and citation are:
rent.
(2) by service on defendant of a notice of change in terms pursuant to Civil Code section 827 (check
( ) item
Matters
5d).related to this appeal or involving the same issue have been or presently are before this Court. The short
(3) titles, docket
pursuant to anumbers
written and citations of
agreement are:
the parties for change in terms (check item 5e or 5f).
c. Change in rent due date. Rent was changed, payable in advance, due on (specify day): .
Signature of counsel of record or pro se litigant: Signature of counsel who will argue
d. A copy of the notice of change in terms is attached to this declaration, labeled Exhibit 5d.
the appeal, if different:
e. Original agreement for change in terms is attached (specify): to the original complaint.
to the Application for Immediate Writ of Possession. to this declaration, labeled Exhibit 5e.
f. Copy of agreement
Type orfor change
Print Name in terms with a declaration and order
Typetooradmit the copy is attached (specify):
Print Name
Name of Firm:
to the Application for Immediate Writ of Possession. to this declaration, labeled Exhibit 5f.
Address:
Page 1 of 3
Form Approved for Optional Use Code of Civil Procedure, § 585(d)
Judicial Council of California DECLARATION
Telephone: FOR DEFAULT
Date: JUDGMENT BY COURT
Telephone: Date:
UD–116 [Rev. July 1, 2003] (Unlawful Detainer—Code Civ. Proc., § 585(d)) www.courtinfo.ca.gov
July 2000 American LegalNet, Inc. www.USCourtForms.com
PLAINTIFF (Name): CASE NUMBER:
DEFENDANT (Name):
6. Notice to quit.
a. Defendant was served with a
(1) 3-day notice to pay rent or quit (4) 3-day notice to quit
(2) 3-day notice to perform covenants or quit (5) 30-day notice to quit
(3) Other (specify): (6) 60-day notice to quit
b. The 3-day notice to pay rent or quit demanded rent due in the amount of (specify): $ for the rental period
beginning on (date) and ending on (date) .
c. The total rent demanded in the 3-day notice under item 6b is different from the agreed rent in item 4a(2) (specify history of
dates covered by the 3-day notice and any partial payments received to arrive at the balance) on Attachment 6c (form
MC-025).
d. The original or copy of the notice specified in item 6a is attached to (specify): the original complaint.
this declaration, labeled Exhibit 6d. (The original or a copy of the notice MUST be attached to this declaration if not
attached to the original complaint.)
7. Service of notice.
a. The notice was served on defendant (name each):
(1) personally on (date):
(2) by substituted service, including a copy mailed to the defendant, on (date):
(3) by posting and mailing on (date mailed):
b. A prejudgment claim of right to possession was served on the occupants pursuant to Code of Civil Procedure section
415.46.
8. Proof of service of notice. The original or copy of the proof of service of the notice in item 6a is attached to (specify):
a. the original complaint.
b. this declaration, labeled Exhibit 8b. (The original or copy of the proof of service MUST be attached to this declaration if not
attached to the original complaint.)
9. Notice expired. On (date): the notice in item 6 expired at the end of the day and defendant failed to comply
with the requirements of the notice by that date. No money has been received and accepted after the notice expired.
10. The fair rental value of the property is $ per day, calculated as follows:
a. (rent per month) x (0.03288) (12 months divided by 365 days)
b. rent per month divided by 30
c. other valuation (specify):
11. Possession. The defendant
a. vacated the premises on (date):
b. continues to occupy the property on (date of this declaration):
12. Holdover damages. Declarant has calculated the holdover damages as follows:
a. Damages demanded in the complaint began on (date):
b. Damages accrued through (date specified in item 11):
c. Number of days that damages accrued (count days using the dates in items 12a and 12b):
d. Total holdover damages ((daily rental value in item 10) x (number of days in item 12c)): $
13. Reasonable attorney fees are authorized in the lease or rental agreement pursuant to paragraph (specify):
and reasonable attorney fees for plaintiff's attorney (name): are $ .
14. Court costs in this case, including the filing fee, are $
DEFENDANT (Name):
b. Possession of the premises in item 2 (check only if a clerk's judgment for possession was not entered).
c. Cancellation of the rental agreement. Forfeiture of the lease.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
}
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
Summary of Exhibits
16. Exhibit 4b: Original rental agreement.
17. Exhibit 4c: Copy of rental agreement with declaration and order to admit the copy.
20. Exhibit 5f: Copy of agreement for change in terms with declaration and order to admit copy.
21. Exhibit 6d: Original or copy of the notice to quit under item 6a (MUST be attached to this declaration if it is not attached
to original complaint).
22. Exhibit 8b: Original or copy of proof of service of notice in item 6a (MUST be attached to this declaration if it is not attached
to original complaint).
CIVIL DIVISION
A. The original SUMMONS and a PROOF OF SERVICE for each defendant for
whom a default is requested.
3. After the clerk enters the default judgment, your conformed copies will be returned to
you in the following manner.
MAILING ADDRESS:
:
CITY AND ZIP CODE:
BRANCH NAME:
:
PLAINTIFF/PETITIONER:
Defendant(s) :
DEFENDANT/RESPONDENT:
.............. ........................................
CASE NUMBER:
REQUEST FOR Entry of Default Clerk's Judgment
(Application)
Court Judgment
1. TO THETHE PEOPLE
CLERK: On OF
the THE STATE
complaint OF NEW YORK
or cross-complaint filed
a. on (date):
TO
b. by (name):
c. Enter default of defendant (names):
d. I request a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989, etc., against defendant (names):
GREETINGS:
WErequired.
(Testimony COMMAND YOU,
Apply to thatfor
the clerk allabusiness and excuses
hearing date, unless thebeing
courtlaid
will aside,
enter ayou and each
judgment ofaffidavit
on an you attend before
under Code
theCiv. Proc., § 585(d).)
Honorable at the Court ,
e. Enter clerk’s
County of judgment located at
in(1)
room for restitution of the premises
, on the day ofonly and issue, 20
a writ of, execution
at on the judgment.
o'clock in the Code of Civil
noon, andProcedure section
at any recessed
1174(c) does not apply. (Code Civ. Proc., § 1169.)
or adjourned date, to testify and give evidence as a witness in this action on the part of the
Include in the judgment all tenants, subtenants, named claimants, and other occupants of the premises. The
Prejudgment Claim of Right to Possession was served in compliance with Code of Civil Procedure section
415.46.
(2) under Code of Civil Procedure section 585(a). (Complete the declaration under Code Civ. Proc., § 585.5 on the
Your
reversefailure
(itemto5).)comply with this subpoena is punishable as a contempt of court and will make you liable to
the(3)party onforwhose
defaultbehalf
previouslythis entered on was
subpoena (date):
issued for a maximum penalty of $50 and all damages sustained as a
2. Judgmentresultto of
beyour
entered.failure to comply. Amount Credits acknowledged Balance
a. Demand of complaint . . . . . . . . . . . . $ $ $
b. Statement of damages *
Witness, Honorable $
, one of the Justices
$
of the
(1) Special . . . . . . . . . . . . . . . . . . . . $
Court in . . . . . . . . . . . . County,
(2) General . . . . . . . . $ day of , 20 $ $
c. Interest . . . . . . . . . . . . . . . . . . . . . . . $ $ $
d. Costs (see reverse) . . . . . . . . . . . . . . $ $ $
e. Attorney fees . . . . . . . . . . . . . . . . . . . $ $ (Attorney must sign above and type
$ name below)
f . TOTALS . . . . . . . . . . . . . . . . . . . . . . $ $ $
g. Daily damages were demanded in complaint at the rate of: $ per day beginning (date):
(* Personal injury or wrongful death actions; Code Civ. Proc., § 425.11.)
Attorney(s) for
3. (Check if filed in an unlawful detainer case) Legal document assistant or unlawful detainer assistant information is on
the reverse (complete item 4).
Date:
DEFENDANT/RESPONDENT:
4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant
or unlawful detainer assistant did did not for compensation give advice or assistance with this form.
(If declarant has received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state):
a. Assistant’s name: c. Telephone no.:
b. Street address, city, and zip code: d. County of registration:
e. Registration no.:
f. Expires on (date):
5. Declaration under Code of Civil Procedure Section 585.5 (required for entry of default under Code Civ. Proc., § 585(a)).
This action
a. is is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act).
b. is is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales
and Finance Act).
c. is is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b).
6. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Entry of Default was
a. not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names):
b. mailed first-class, postage prepaid, in a sealed envelope addressed to each defendant’s attorney of record or, if none, to
each defendant’s last known address as follows:
(1) Mailed on (date): (2) To (specify names and addresses shown on the envelopes):
I declare under penalty of perjury under the laws of the State of California that the foregoing items 4, 5, and 6 are true and correct.
Date:
7. Memorandum of costs (required if money judgment requested). Costs and disbursements are as follows (Code Civ. Proc.,
§ 1033.5):
a. Clerk’s filing fees . . . . . . . . . . . . . . . . . . . . $
b. Process server’s fees . . . . . . . . . . . . . . . . . $
c. Other (specify): . . . . . . . . . . . . . . . . . . . . . . . $
d. .................................... $
e. TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
f. Costs and disbursements are waived.
g. I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is
correct and these costs were necessarily incurred in this case.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
8. Declaration of nonmilitary status (required for a judgment). No defendant named in item 1c of the application is in the
military service so as to be entitled to the benefits of the Servicemembers Civil Relief Act (50 U.S.C. App. § 501 et seq.).
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
Page 2 of 2
Civ-100 [Rev. January 1, 2007]
REQUEST FOR ENTRY OF DEFAULT
(Application to Enter Default)
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UD-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY
MAILING ADDRESS:
BRANCH NAME:
DEFENDANT:
NOTICE OF APPEARANCE CASE NUMBER:
JUDGMENT—UNLAWFUL DETAINER
By Clerk Appearance for (provide name of party): After Court Trial
By Default
By Court Possession Only
Status of Party: Defendant Did Not
( ) Appellant/Petitioner Appear (at )Trial
Cross-Appellee/Cross Respondent
( ) Appellee/Respondent ( ) Intervenor
( ) Cross-Appellant/Cross-Petitioner ( ) Amicus Curiae
( ) Other (Specify): JUDGMENT
( ) An attorney will argue this appeal.
1. BY DEFAULT
< Name of attorney who will argue appeal, if other than counsel of record:
a. Defendant was properly served with a copy of the summons and complaint.
< Date of arguing attorney’s admission to this Court (month, day, year):
b. Defendant failed to answer the complaint or appear and defend the action within the time allowed by law.
<
Other Federal/State Bar admissions: (month, day, year):
c. Defendant's default was entered by the clerk upon plaintiff's application.
d. Clerk's( Judgment
) I am a pro(Code Civ.who
se litigant Proc., § an
is not 1169). For possession only of the premises described on page 2 (item 4).
attorney.
( ) I am an incarcerated pro se litigant.
e. Court Judgment (Code Civ. Proc., § 585(b)). The court considered
TIME REQUEST
(1) ( plaintiff's
) testimonyis and
Oral argument other evidence.
not desired.
(2) ( plaintiff's
) or others'iswritten
Oral argument desired.declaration and evidence
Party requests (Code
minutes Civ. Proc., § 585(d)).
or multi-co-parties
request a total of minutes to be apportioned as follows:
(2)
COUNSEL OR PRO SE LITIGANT MUST ADVISE THE COURT IN WRITING OF ANY CHANGE IN AVAILABILITY. FAILURE
TO DO SO MAY BE CONSIDERED BY THE COURT IN DECIDING MOTIONS FOR ADJOURNMENT BASED ON
UNAVAILABILITY.
Continued on Attachment 2b (form MC-025).
RELATED CASES
Defendant (name each): Defendant's attorney (name each):
( ) This case has not been before this Court previously.
( ) (1)
This case has been before this Court previously. The short title, docket number and citation are:
(2)
( ) Matters related to this appeal or involving the same issue have been or presently are before this Court. The short
titles, docket numbers and citations are:
Continued on Attachment 2b (form MC-025).
Signature of counsel of record or pro se litigant: Signature of counsel who will argue
c. Defendant did not appear at trial. Defendant was properly served the
withappeal,
noticeif of trial.
different:
d. A statement of decision (Code Civ. Proc., § 632) was not was requested.
Type or Print Name Type or Print Name
Name of Firm:
Address:
Page 1 of 2
Form Approved for Optional Use Telephone: Date: Telephone: Code Date:
of Civil Procedure, §§ 415.46,
Judicial Council of California JUDGMENT—UNLAWFUL DETAINER 585(d), 664.6, 1169
UD-110 [New January 1, 2003] July 2000 American LegalNet, Inc. www.USCourtForms.com
PLAINTIFF: CASE NUMBER:
DEFENDANT:
4. Plaintiff Defendant is entitled to possession of the premises located at (street address, apartment, city, and county):
5. Judgment applies to all occupants of the premises including tenants, subtenants if any, and named claimants if any (Code Civ.
Proc., §§ 715.010, 1169, and 1174.3).
7. Conditional judgment. Plaintiff has breached the agreement to provide habitable premises to defendant as stated in
Judgment—Unlawful Detainer Attachment (form UD–110S), which is attached.
8. Other (specify):
Date:
JUDICIAL OFFICER
Date:
Clerk, by , Deputy
BRANCH NAME: :
PLAINTIFF:
:
DEFENDANT: Defendant(s) :
......................................................
CASE NUMBER:
EXECUTION (Money Judgment)
WRIT POSSESSION OF Personal Property
OF
THE PEOPLE OF THE STATE OF NEW YORK Real Property
SALE
TO 1. To the Sheriff or Marshal of the County of:
You are directed to enforce the judgment described below with daily interest and your costs as provided by law.
2. To any registered process server: You are authorized to serve this writ only in accord with CCP 699.080 or CCP 715.040.
GREETINGS:
3. (Name):
is
WEtheCOMMAND
judgment
YOU,creditor assignee
that all business of record
and excuses whose
being laid address
aside, is each
you and shownof on
youthis formbefore
attend above the court’s name.
the Honorable at the
4. Judgment debtor (name and last known address): Court ,
9. See next page for information on real or personal property to be
County of located at
delivered under a writ of possession or sold under a writ of sale.
in room , on the day of , 20 , at o'clock in the noon, and at any recessed
10. This writ is issued on a sister-state judgment.
or adjourned date, to testify and give evidence as a witness in this action on the part of the
11. Total judgment . . . . . . . . . . . . . . . . . . . . $
12. Costs after judgment (per filed order or
memo CCP 685.090) . . . . . . . . . . . . $
Your failure to comply with this subpoena is punishable as
13.a Subtotal
contempt(addof court and12)
11 and will. make
. . . you
. . liable
. . . to$
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained
14. Credits . . . . . . . . . . . . . . . . . . . $ as a
result of your failure to comply. 15. Subtotal (subtract 14 from 13) . . . . . . . $
16. Interest after judgment (per filed affidavit
Witness, Honorable , one of the
CCP 685.050) (notJustices
on GC of the fees). . . $
6103.5
Additional judgment debtors on next page
Court 5.
in Judgment entered
County, day of , 20 17. Fee for issuance of writ . . . . . . . . . . . . . . $
on (date):
18. TotaI (add 15, 16, and 17) . . . . . . . . . . . . $
19. Levying officer:
6. Judgment renewed on (dates):
(a) Add daily interest from date of writ
(Attorney must sign above and type name below)
(at the legal rate on 15) (not on
7. Notice of sale under this writ
GC 6103.5 fees) of. . . . . . . $
a. has not been requested.
(b) Pay directly to court costs included in
b. has been requested (see next page). Attorney(s) 11for
and 17 (GC 6103.5, 68511.3; CCP
8. Joint debtor information on next page.
699.520(i)) . . . . . . . . . . . . . . $
[SEAL]
20. The amounts called for in items 11–19 are different for each debtor.
These amounts are stated for each debtor on Attachment 20.
Office and P.O. Address
DEFENDANT:
— Items continued from page 1—
21. Additional judgment debtor (name and last known address):
23. Joint debtor was declared bound by the judgment (CCP 989–994)
a. on (date): a. on (date):
b. name and address of joint debtor: b. name and address of joint debtor:
24. (Writ of Possession or Writ of Sale) Judgment was entered for the following:
a. Possession of real property: The complaint was filed on (date):
(Check (1) or (2)):
(1) The Prejudgment Claim of Right to Possession was served in compliance with CCP 415.46.
The judgment includes all tenants, subtenants, named claimants, and other occupants of the premises.
(2) The Prejudgment Claim of Right to Possession was NOT served in compliance with CCP 415.46.
(a) $ was the daily rental value on the date the complaint was filed.
(b) The court will hear objections to enforcement of the judgment under CCP 1174.3 on the following
dates (specify):
b. Possession of personal property.
If delivery cannot be had, then for the value (itemize in 9e) specified in the judgment or supplemental order.
c. Sale of personal property.
d. Sale of real property.
e. Description of property:
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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address). TELEPHONE NO.: FOR COURT USE ONLY
PLAINTIFF:
DEFENDANT:
CASE NUMBER:
APPLICATION AND DECLARATION
FOR ISSUANCE OF WRIT OF POSSESSION
The daily rental value of the property as of the date the Complaint for Unlawful Detainer was filed is:
Judgment under CCP 1169 includes tenants, subtenants, if any, named claimants, if any, and any
other occupants of the premises (CCP 415.46).
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
Signature of Declarant
Optional Form
VN005 (Rev 7/1/03)
APPLICATION AND DECLARATION FOR ISSUANCE OF WRIT OF POSSESSION CCP 712.010
COURT
COUNTY OF
...................................................... UD-150
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): : Index No. FOR COURT USE ONLY
MAILING ADDRESS: :
CITY AND ZIP CODE:
BRANCH NAME: :
PLAINTIFF: Defendant(s) :
......................................................
DEFENDANT:
CASE NUMBER:
REQUEST COUNTER-REQUEST
TO SET
THE PEOPLE CASE
OF THE FOR TRIAL—UNLAWFUL
STATE OF NEW YORK DETAINER
Plaintiff Defendant
TO
1. Plaintiff's request. I represent to the court that all parties have been served with process and have appeared or have had
a default or dismissal entered against them. I request that this case be set for trial.
2. Trial preference. The premises concerning this case are located at (street address, apartment number, city, zip code, and county):
GREETINGS:
a. To the best of my knowledge, the right to possession of the premises is still in issue. This case is entitled to legal
preference under Code YOU,
WE COMMAND of Civil that
Procedure sectionand
all business 1179a.
excuses being laid aside, you and each of you attend before
b. To the best of my knowledge, the right to possession
the Honorable of the premises isCourt
at the no longer in issue. No defendant or other ,
person
County of is in possession of the premises.
located at
3. Juryinorroom
nonjury trial. I request aday
jury a nonjury trial.
, on the oftrial , 20 , at o'clock in the noon, and at any recessed
4. Estimated length of trial. I estimate that the trial will take (check one):
or adjourned date, to testify and give evidence as a witness in this action on the part of the
a. days (specify number): b. hours (specify if estimated trial is less than one day):
5. Trial date. I am not available on the following dates (specify dates and reasons for unavailability):
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whoseUNLAWFUL
behalf this subpoena
DETAINERwas issued for a(Bus.
ASSISTANT maximum
& Prof.penalty of6400–6415)
Code, §§ $50 and all damages sustained as a
result of your failure to comply.
6. (Complete in all cases.) An unlawful detainer assistant did not did 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.)
Witness, Honorable , one of the Justices of the
a. Assistant's name: c. Telephone no.:
Court in County, day of , 20
b. Street address, city, and zip code: d. County of registration:
e. Registration no.:
f. Expires on (date):
(Attorney must sign above and type name below)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
Attorney(s) for
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)
NOTICE
• An unlawful detainer case must be set for trial on a date not later than 20 days after the first request to set the case
for trial is made (Code Civ. Proc., § 1170.5(a)). Office and P.O. Address
• If a jury is requested, $150 must be deposited with the court 5 days before trial (Code Civ. Proc., § 631).
• Court reporter and interpreter services vary. Check with the court for availability of services and fees charged.
Telephone
• If you cannot pay the court fees and costs, you may apply for a fee waiver. No.:
Ask the court clerk for a fee waiver form.
Facsimile No.: Page 1 of 2
E-Mail Address: Code of Civil Procedure, §§ 631,
Form Adopted for Mandatory Use
Judicial Council of California
REQUEST/COUNTER-REQUEST TO SET CASE 1170.5(a), 1179a
UD-150 [New January 1, 2005] Mobile Tel. No.:
FOR TRIAL—UNLAWFUL DETAINER www.courtinfo.ca.gov
DEFENDANT:
3. I served the Request/Counter-Request to Set Case for Trial—Unlawful Detainer (form UD-150) by enclosing a copy in an envelope
addressed to each person whose name and address are shown below AND
a. depositing the sealed envelope in the United States mail on the date and at the place shown in item 3c with the postage
fully prepaid.
b. placing the envelope for collection and mailing on the date and at the place shown in item 3c following ordinary
business practices. I am readily familiar with this business's practice for collecting and processing correspondence for
mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course
of business with the United States Postal Service in a sealed envelope with postage fully prepaid.
c. (1) Date mailed:
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct:
Date:
4.
5.
6.
7.
8.
9.
List of names and addresses continued on a separate attachment or form MC-025, titled Attachment to Proof of Service by
Mail.
UD-150 [New January 1, 2005] Page 2 of 2
REQUEST/COUNTER-REQUEST TO SET CASE
FOR TRIAL—UNLAWFUL DETAINER
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