Fillable Forms To Start An Eviction On A Tenant (Superior Court of California)

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Forms To Start An Eviction On A Tenant (Superior Court of California)

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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 COURT 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
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seeing what you entered on
your form, please press the
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end of the form when finished.
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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)
3.
did
did not
e.
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.)
Print this form
Save this form
Clear this form
For your protection and privacy, please press the Clear
This Form button after you have printed the form.
Clear This Form
For your protection and privacy, please press the Clear This Form
button after you have printed the form.
PLAINTIFF:
UD-100
Defendant named above is in possession of the premises located at (street address, apt. no., city, zip code, and county):
alleges causes of action against DEFENDANT (name each):
2.
Plaintiff's interest in the premises is
Civil Code, § 1940 et seq.
Code of Civil Procedure §§ 425.12, 1166
www.courtinfo.ca.gov
Form Approved for Optional Use
Judicial Council of California
UD–100 [Rev. July 1, 2005]
Page 1 of 3
a partnership.
a public agency.
other (specify):
(2) agreed to pay rent of $ payable monthly other (specify frequency):
(1) agreed to rent the premises as a
On or about (date):
The true names and capacities of defendants sued as Does are unknown to plaintiff.
month-to-month tenancy other tenancy (specify):
Plaintiff has complied with the fictitious business name laws and is doing business under the fictitious name of (specify):
PLAINTIFF (name each):
COMPLAINT—UNLAWFUL DETAINER
DOES 1 TO
agreed to pay rent on the first of the month other day (specify):
oral agreement was made with
* NOTE: Do not use this form for evictions after sale (Code Civ. Proc., § 1161a).
1.
plaintiff's predecessor in interest.
other (specify):
(3)
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FAX NO. (Optional):
TELEPHONE NO.:
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
CASE NUMBER:
COMPLAINT — UNLAWFUL DETAINER*
COMPLAINT
AMENDED COMPLAINT (Amendment Number):
DEFENDANT:
a. Plaintiff is
(1)
(2)
(3)
an individual over the age of 18 years. (4)
(5)
a corporation.
Jurisdiction (check all that apply):
from limited to unlimited
from unlimited to limited
ACTION IS AN UNLIMITED CIVIL CASE (amount demanded exceeds $25,000)
exceeds $10,000 but does not exceed $25,000
ACTION IS A LIMITED CIVIL CASE
Amount demanded
does not exceed $10,000
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)
(1)
(2)
plaintiff.
plaintiff's agent.
(3)
(4)
b. This written
6. a.
defendant (name each):
b.
3.
4. other (specify):as owner
5.
Self Represented Litigant
San Bernardino
Same
✔
10
✔
✔
✔
✔
✔
✔
To keep other people from
seeing what you entered on
your form, please press the
Clear This Form button at
the end of the form when
finished.
JUDICIAL SUBPOENA
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
Courtat thethe Honorable
located at
County of
o'clock in theday of noon, and at any recessedin room , on the , 20 , at
or adjourned date, to testify and give evidence as a witness in this action on the part of the
Your failure to comply with this subpoena is punishable as a contempt of court 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 as a
result of your failure to comply.
(Attorney must sign above and type name below)
Attorney(s) for
Office and P.O. Address
Telephone No.:
Facsimile No.:
E-Mail Address:
I
Calendar No.
THE PEOPLE OF THE STATE OF NEW YORK
TO
Index No.
,
American LegalNet, Inc.
www.USCourtForms.com
Court in
Witness, Honorable , one of the Justices of the
day of , 20County,
COURT
COUNTY OF
Plaintiff(s)
-against-
Defendant(s)
:
:
:
:
:
:
:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mobile Tel. No.:
COMPLAINT—UNLAWFUL DETAINER
CASE NUMBER:
Page 2 of 3
by personally handing a copy to defendant on (date):
f.
A copy of the notice is attached and labeled Exhibit 2. (Required for residential property. See Code Civ. Proc.,
§ 1166.)
c.
The notice included an election of forfeiture.
b.
All facts stated in the notice are true.
The notice in item 7a was served on the defendant named in item 7a as follows:
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.)
by leaving a copy with (name or description):
8.
(Not for 3-day notice; see Civil Code, § 1946 before using) by sending a copy by certified or registered (4)
(Not for residential tenancies; see Civil Code, § 1953 before using) in the manner specified in a written
commercial lease between the parties.
e.
d.
(Name):
(5)
(2)
Information about service of notice on the defendants alleged in item 7f is stated in Attachment 8c.
b.
Defendants failed to comply with the requirements of the notice by that date.
by posting a copy on the premises on (date):
was served on behalf of all defendants who signed a joint written rental agreement.
Proof of service of the notice in item 7a is attached and labeled Exhibit 3.
a.
7. a.
UD-100 [Rev. July 1, 2005]
(For residential property) A copy of the written agreement is not attached because (specify reason):
the period stated in the notice expired at the end of the day.
(3)
6.
The agreement was later changed as follows (specify):
Defendant (name each):
was served the following notice on the same date and in the same manner:
The defendants not named in item 6a are
subtenants.
PLAINTIFF (Name):
DEFENDANT(Name):
a person of suitable age and discretion, on (date):
because defendant cannot be found at defendant's residence or usual
AND mailing a copy to defendant at defendant's place of residence on
assignees.
other (specify):
(1)
(2)
(3)
c.
d.
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.
(a)
(b)
(1)
(2)
,
person found residing at the premises AND mailing a copy to defendant at the premises on
AND giving a copy to a
business residence
at defendant's
d.
c.
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.
(1)
(2)
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)).
(4)
(5)
(6)
(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
3-day notice to quit
Other (specify):
(1) On (date):
place of business.
(date):
(date):
mail addressed to defendant on (date):
✔
✔
Unauthorized Occupants
✔
✔
✔
✔
✔
COMPLAINT—UNLAWFUL DETAINER
CASE NUMBER:
PLAINTIFF (Name):
DEFENDANT(Name):
Page 3 of 3
19.
d.
(TYPE OR PRINT NAME)
(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:)
b.
(SIGNATURE OF PLAINTIFF OR ATTORNEY)
UD-100 [Rev. July 1, 2005]
UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400–6415)
Assistant's name:
c.
Street address, city, and zip code:
Telephone No.:
VERIFICATION
(TYPE OR PRINT NAME)
(SIGNATURE OF PLAINTIFF )
Date:
costs incurred in this proceeding:
a.
h.
17. PLAINTIFF REQUESTS
possession of the premises.
statutory damages up to $600 for the conduct alleged in item 12.
other (specify):
18. Number of pages attached (specify):
(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.
Registration No.:
defendants remain in possession through entry of judgment.
g.
Plaintiff has met all applicable requirements of the ordinances.
Other allegations are stated in Attachment 15.
15.
Plaintiff accepts the jurisdictional limit, if any, of the court.16.
Date:
Defendant's tenancy is subject to the local rent control or eviction control ordinance of (city or county, title of ordinance, 14.
County of registration:
Expires on (date):
f.
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.)
A written agreement between the parties provides for attorney fees.13.
and date of passage):
At the time the 3-day notice to pay rent or quit was served, the amount of rent due was $
Plaintiff demands possession from each defendant because of expiration of a fixed-term lease.
The fair rental value of the premises is $
per day.
e.
a.
b.
c.
d.
e.
damages at the rate stated in item 11 from
f.
reasonable attorney fees.
forfeiture of the agreement.
past-due rent of $
for each day that
(date):
9.
10.
11.
12.
✔
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CERTIFICATE OF ASSIGNMENT
13-16503-360, Rev 06-2014
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO
_________________________________ CASE NO.: _________________
vs. CERTIFICATE OF ASSIGNMENT
_________________________________
A civil action or proceeding presented for filing must be accompanied by this Certificate. If the ground is the
residence of a party, name and residence shall be stated.
The undersigned declares that the above-entitled matter is filed for proceedings in the
________________________ District of the Superior Court under Rule 404 of this court for the
checked reason:
General Collection
Nature of Action Ground
1. Adoption Petitioner resides within the district .
2. Conservator Petitioner or conservatee resides within the district.
3. Contract Performance in the district is expressly provided for.
4. Equity The cause of action arose within the district.
5. Eminent Domain The property is located within the district.
6. Family Law Plaintiff, defendant, petitioner or respondent resides within the district.
7. Guardianship Petitioner or ward resides within the district or has property within the district.
8. Harassment Plaintiff, defendant, petitioner or respondent resides within the district.
9. Mandate The defendant functions wholly within the district.
10. Name Change The petitioner resides within the district.
11. Personal Injury The injury occurred within the district.
12. Personal Property The property is located within the district.
13. Probate Decedent resided or resides within the district or had property within the
district.
14. Prohibition The defendant functions wholly within the district.
15. Review The defendant functions wholly within the district.
16. Title to Real Property The property is located within the district.
17. Transferred Action The lower court is located within the district.
18. Unlawful Detainer The property is located within the district.
19. Domestic Violence The petitioner, defendant, plaintiff or respondent resides within the district.
20. Other _____________ __________________________________________________
21. THIS FILING WOULD NORMALLY FALL WITHIN JURISDICTION OF SUPERIOR COURT
The address of the accident, performance, party, detention, place of business, or other factor which qualifies
this case for filing in the above-designed district is:
__________________________________________________________________________________
NAME – INDICATE TITLE OR OTHER QUALIFYING FACTOR ADDRESS
_____________________________________________________________________________________________________________________________________________
CITY STATE ZIP CODE
I declare, under penalty of perjury, that the foregoing is true and correct and that this declaration was executed
on ___________________________ at _______________________________________________, California
____________________________________________________________________________
Signature of Attorney/Party
✔
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www.FormsWorkflow.com
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
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)
Self Represented Litigant
San Bernardino
Same
✔
✔
✔
✔
✔
One
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your form, please press the
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end of the form when finished.
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)
Residential (32)
Practice (07)
Civil Rights (e.g., discrimination,
false arrest) (not civil
Other Civil 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.
Print This Form
Clear This Form
For your protection and privacy, please press the Clear This Form
button after you have printed the form.
American LegalNet, Inc.
www.FormsWorkflow.com
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.
Self Represented Litigant
San Bernardino
Same
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✔
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seeing what you entered on
your form, please press the
Clear This Form button at the
end of the form when finished.
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.
✔
Print This Form
Clear This Form
For your protection and privacy, please press the Clear This Form
button after you have printed the form.
DO NOT WRITE ON THE FORM BELOW!!! A blank copy of the
Prejudgment Claim is to be served on the “unknown occupants” by
the registered process server or sheriff, if that applies to your case.
Print
Print out your set of forms.
Review
Review all of the information that you have completed. Make sure to sign all of the
appropriate areas. Our Resource Center has been trained to review these
documents with you prior to filing, so please stop by. Reminder: You need to have
completed your Notice Step first -- before filing the eviction lawsuit.
File
When you are ready to file your paperwork you will need to make (2) copies of the
original documents and file them with the clerk’s office within the court in your
jurisdiction (the same court that is listed in your paperwork).
The filing fee for an Unlawful Detainer Summons and Complaint is $255.00 for a
complaint that requests $10,000.00 or less. If a complaint requests more than
$10,000.00, then the filing fee is $395.00. Bring
cash/check/credit card or fill out the
fee waiver application paperwork.
Serve
Once you have filed your paperwork with the court, you will need to have the other
party served with a copy of your documents. The person who served the other party
will complete the proof of service form and sign it. REMEMBER! A person over the
age of 18 and not a party to the action is supposed to serve the documents to the
other party… NOT YOU!
Next Steps:
UD Complaint
12/14/10
Next Steps:
UD Complaint
12/14/10
If there are unknown occupants living on the property that you wish to evict, then
you must hire a registered process server (or Sheriff). The unknown occupants are
served with a copy of the lawsuit and the blank Prejudgment Claim of Right to
Possession form (CP-10.5).
If you do not hire a registered process server or use the Sheriff to serve the
unknown adult occupants of the property, then you may need to repeat the entire
eviction process once you evict the people named in your eviction lawsuit. The
Sheriff is only authorized to remove the persons from the house who are stated on
the paperwork, and the court clerk won’t be able to add “all unknown occupants” to
your judgment paperwork and Writ of Possession unless you follow the law exactly
regarding service of the unknown occupants.
Finishing up…
After the other party has been served, you will need to file the Proof of Service
Form. The form will need to be filed with the clerk’s office within the court in your
jurisdiction (the same court that is listed in your paperwork). You should file your
Proof of Service form as soon as possible.
The tenant has 5 days to file a response with the court. If you served unknown
occupants then they will have 15 days to file an answer with the court. If the
tenant(s) file an answer with the court, then you will need to file a Request to Set
Case for Trial form. If the tenant(s) did not file an answer with the court, then you
will need to follow the default process. See our website for help with either of those
steps.
Please note that filing a Summons and Complaint in an unlawful detainer case does
not mean that the landlord can now get the property back. That is just the start of
the case.
Once the case has been completed and a landlord has a judgment from the court,
then the landlord can go to Sheriff’s Court Services at their courthouse to schedule a
lockout. The fee for the Sheriff’s lockout is $125.00. If you need a fee waiver for
this fee and the fee for the Writ of Execution then you will need to complete a Fee
Waiver application. Note: if you previously had a fee waiver granted, you still need
to do a new one because it was only good up until the judgment.
The Sheriff will instruct as to when the lock out will occur and when you need to
show up with a locksmith (or bring your own kit to change locks).
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.
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.
JUDICIAL SUBPOENA
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
Courtat thethe Honorable
located at
County of
o'clock in theday of noon, and at any recessedin room , on the , 20 , at
or adjourned date, to testify and give evidence as a witness in this action on the part of the
Your failure to comply with this subpoena is punishable as a contempt of court 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 as a
result of your failure to comply.
(Attorney must sign above and type name below)
Attorney(s) for
Office and P.O. Address
Telephone No.:
Facsimile No.:
E-Mail Address:
I
Calendar No.
THE PEOPLE OF THE STATE OF NEW YORK
TO
Index No.
,
American LegalNet, Inc.
www.USCourtForms.com
Court in
Witness, Honorable , one of the Justices of the
day of , 20County,
COURT
COUNTY OF
Plaintiff(s)
-against-
Defendant(s)
:
:
:
:
:
:
:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mobile Tel. No.:
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.
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Forms To Start An Eviction On A Tenant (Superior Court of California)

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