Form CP10.5 "Prejudgment Claim of Right to Possession" - California

What Is Form CP10.5?

This is a legal form that was released by the California Courts - a government authority operating within California. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on June 15, 2015;
  • The latest edition provided by the California Courts;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;

Download a fillable version of Form CP10.5 by clicking the link below or browse more documents and templates provided by the California Courts.

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Download Form CP10.5 "Prejudgment Claim of Right to Possession" - California

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CP10.5
EVERYONE WHO LIVES IN THIS RENTAL UNIT MAY BE EVICTED BY COURT ORDER. READ THIS FORM
NOTICE:
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
l
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.
CLAIMANT OR CLAIMANT'S ATTORNEY (Name and Address):
TELEPHONE NO.:
FOR COURT USE ONLY
ATTORNEY FOR (Name):
NAME OF COURT:
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
Plaintiff:
Defendant:
PREJUDGMENT CLAIM OF RIGHT TO POSSESSION
CASE NUMBER:
Complete this form only if ALL of these statements are true:
(To be completed by the process server)
1. You are NOT named in the accompanying Summons and Complaint.
2. You occupied the subject premises on or before the date the unlawful
DATE OF SERVICE:
detainer (eviction) complaint was filed. (The date is in the accompanying
(Date that form is served or delivered,
Summons and Complaint.)
posted, and mailed by the officer or
3. You still occupy the subject premises.
process server)
I DECLARE THE FOLLOWING UNDER PENALTY OF PERJURY:
1.
My name is (specify):
2.
I reside at (street address, unit no., city and ZIP code):
3.
The address of "the premises" subject to this claim is (address):
4.
On (insert date):
, 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.)
5.
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.
6.
I was at least 18 years of age on the date the complaint was filed (the date in item 4).
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 possession, I will be added as a defendant to the unlawful detainer (eviction) action.
(Filing fee) I understand that I must go to the court and pay a filing fee of
$
or file with the court an
10.
"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.
(Continued on reverse)
PREJUDGMENT CLAIM OF RIGHT
Code of Civil Procedure, §§ 415.46,
CP10.5 [Rev. June 15, 2015]
715.010, 715.020, 1174.25
TO POSSESSION
CP10.5
EVERYONE WHO LIVES IN THIS RENTAL UNIT MAY BE EVICTED BY COURT ORDER. READ THIS FORM
NOTICE:
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
l
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.
CLAIMANT OR CLAIMANT'S ATTORNEY (Name and Address):
TELEPHONE NO.:
FOR COURT USE ONLY
ATTORNEY FOR (Name):
NAME OF COURT:
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
Plaintiff:
Defendant:
PREJUDGMENT CLAIM OF RIGHT TO POSSESSION
CASE NUMBER:
Complete this form only if ALL of these statements are true:
(To be completed by the process server)
1. You are NOT named in the accompanying Summons and Complaint.
2. You occupied the subject premises on or before the date the unlawful
DATE OF SERVICE:
detainer (eviction) complaint was filed. (The date is in the accompanying
(Date that form is served or delivered,
Summons and Complaint.)
posted, and mailed by the officer or
3. You still occupy the subject premises.
process server)
I DECLARE THE FOLLOWING UNDER PENALTY OF PERJURY:
1.
My name is (specify):
2.
I reside at (street address, unit no., city and ZIP code):
3.
The address of "the premises" subject to this claim is (address):
4.
On (insert date):
, 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.)
5.
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.
6.
I was at least 18 years of age on the date the complaint was filed (the date in item 4).
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 possession, I will be added as a defendant to the unlawful detainer (eviction) action.
(Filing fee) I understand that I must go to the court and pay a filing fee of
$
or file with the court an
10.
"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.
(Continued on reverse)
PREJUDGMENT CLAIM OF RIGHT
Code of Civil Procedure, §§ 415.46,
CP10.5 [Rev. June 15, 2015]
715.010, 715.020, 1174.25
TO POSSESSION
CP10.5
CASE NUMBER:
Plaintiff:
Defendant:
11.
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.
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.
NOTICE: If you fail to file this claim, you may be evicted without further hearing.
13. Rental agreement. I have (check all that apply to you):
a.
an oral or written rental agreement with the landlord.
an oral or written rental agreement with a person other than the landlord.
b.
an oral or written rental agreement with the former owner who lost the property to foreclosure.
c.
other (explain):
d.
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 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.
CP10.5 [Rev. June 15, 2015]
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PREJUDGMENT CLAIM OF RIGHT TO POSSESSION
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