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SHC-UD-03 (Rev. 09/1/2020)
Please visit our Self-Help Portal at: https://selfhelp.occourts.org
LamoreauxJusticeCenter
Room C-190
341TheCityDrive
Orange,CA
HarborJusticeCenter
R
oom107,Self‐HelpWindow
4601JamboreeRoad
NewportBeach,CA
Cen
tralJusticeCenter
RoomG‐100
700CivicCenterDrive
SantaAna,CA
SuperiorCourt
Ser
viceCenter
27573PuertaReal
MissionViejo,CA
NorthJusticeCenter
R
oom355
1275N.BerkeleyAvenue
Fullerton,CA
WestJusticeCenter
1
st
Floor
814113thStreet
Westminster,CA
SUPERIOR COURT OF CALIFORNIA
COUNTY
OF ORANGE
SELF-HELP CENTER
www.occourts.org/self-help
UNLAWFUL DETAINER: DEFAULT JUDGMENT
FOR POSSESSION AND MONETARY RECOVERY
The Self-Help Center provides a free document review
service. To obtain an appointment to have your documents
reviewed, you must first fully complete the forms.
Pleaseuseblackink.
Self-Help Center Locations:
Information
L-1006 (Revised Sept. 2012) Page 1 of 3
DEFAULT JUDGMENT CHECKLIST
CLERK DEFAULT JUDGMENT – CIVIL
Use this checklist to complete your default judgment prior to filing it with the court. The Default Judgment Checklist is intended to
provide a guideline to properly file your Proof of Service, Request for Entry of Default and Clerk Default Judgment.
A clerk may enter a default judgment in a written obligation (e.g., contract or promissory note) action only if the amount due is set forth
in the contract or may be determined from the terms of the agreement. The action must state the amount due in the written agreement
or must be easily determined without taking evidence. Examples of case types that are typical of a Clerk Default Judgment include: open
book accounts (credit cards), bad checks, accounts stated based on statements, and promissory notes for money owed, and collection
cases.
A clerk default judgment may be obtained when the defendant fails to file a response to the summons and complaint within the time
specified on the summons. Even if the defendant fails to file a response, you will not obtain a default judgment if the named defendant
has not been properly served, the party names do not match the names on the complaint or on any subsequent amendments to the
complaint, or there are other technical defects such as omitting a signature.
This
information is intended as a guide to assist you in processing your default judgment.
1. Proof of Service. Use Judicial Council form POS–010. A sheriff or process server may use a similar form that
complies with California Rules of Court, rule 2.150.
A separate Proof of Service of Summons must be used for each defendant served.
The name of the party served is the same as the defendant or cross-defendant named in complaint or
in any subsequent amendment.
Indicate the name and title of the person authorized to accept service on behalf of a business/entity.
If substituted service method was used on a natural person, a Declaration of Due Diligence must be
attached to the Proof of Service.
If service is done by Notice and Acknowledgment of Receipt – Civil (POS-015), file the Proof of Service
of Summons (POS-010) along with the signed Notice and Acknowledgment of Receipt – Civil.
2. Request for Entry of Default. Use Judicial Council form CIV-100. This form specifies which sections are
required to be completed to obtain default only, or to obtain default and apply for a default judgment. The
default cannot be entered if any of the following exists:
The time for the defendant to respond, as specified in the summons, has not expired.
An answer, demurrer, notice of motion to strike any part of the pleading, notice of motion to transfer,
notice of motion to dismiss, notice of motion to quash service of summons or to stay or dismiss the
action, or notice of filing a writ of mandate. (Code of Civil Procedure section 585(a)—(c))
The POS-010 does not indicate the defendant was properly served.
If any
of the following exists, the default of defendant may not be entered:
The names of the defendant(s), including “aka’s”, are not the same as the names on the complaint or
any amendment.
Proof of service of Statement of Damages (Judicial Council form CIV-050) has not been filed when the
complaint is for Personal Injury or Wrongful Death action.
Proof of service of statement of damages has not been filed when the complaint is requesting punitive
damages. Do not use Judicial Council for CIV-050 for this type of statement. (Code of Civil Procedure
section 425.115).
Information
L-1006 (Revised Sept. 2012) Page 2 of 3
3. Clerk Default Judgment. Use Judicial Council form JUD-100.
*Note: If a statement of damages was required, you must proceed with a Court Default Judgment.
Any damages, prejudgment interest, attorney fees, costs or other monetary amounts, if requested, must be
stated 1) in the prayer of the complaint, and 2) must be specified on the Request for Entry of Default form
(page 1, section 2). The clerk will not calculate the amounts for you.
Use Judicial Council form CIV-110 – Request for Dismissal, to dismiss any named or doe defendants
not stated on the judgment.
Costs
claimed on the judgment:
If the case could have been filed in Small Claims Court , you may apply to the court to have costs allowed
as part of the judgment.
If the case could not have been filed in Small Claims Court (e.g., assigned claim), submit a declaration
stating that the demand letter was mailed to the defendant, notifying them that they are liable for court
costs (Code of Civil Procedure section 1033). You must apply to the court to have costs allowed as part
of the judgment.
Inter
est claimed on the judgment:
Interest is allowed at the legal rate unless the contract allows for a higher rate. This must also be
specified in the prayer of the complaint. If the amount exceeds the legal rate, the original contract must
be filed with the court.
Atto
rney Fees claimed on the judgment:
Attorney fees claimed must comply with any schedule provided for by local court rules.
If attorney fees are allowed by a specific statute, such as Civil Code section 1717, et seq., this must be
specified in a separate declaration or specified in the prayer of the complaint.
If attorney fees are based on a written agreement, this must be stated in the prayer of the complaint.
The original contract must be filed with the court.
Writ
ten Agreement:
Submit the original contract or a copy of the contract with a declaration why the original contract
cannot be submitted. This must be filed when requesting attorney fees in accordance to the
agreement or when requesting interest that is more than the legal limit. You can help expedite your
judgment by highlighting the agreement for attorney fees and any interest claimed that exceeds the
legal amount. In most instances, the legal amount is 10%.
Fee Waiv
er has been granted for prevailing party:
The judgment must include all fees that were waived by the court. Any costs collected must be paid to
the court.
4. Basi
cs to check or include before submitting your document to the court.
Is each document and declaration dated and signed?
If you are not eFiling or filing by FAX, each document submitted must be an original unless you have
applied to the court to accept a copy in lieu of the original.
Did you include a self-addressed, stamped envelope of sufficient size and with sufficient postage for
the clerk to return your file stamped copies to you?
Information
L-1006 (Revised Sept. 2012) Page 3 of 3
Default Judgment – General Civil Complaints (non-Unlawful Detainer Actions)
General Information
Clerk Default Judgment
A Clerk Default Judgment may be obtained in an
action arising from a contract for the recovery of
money or damages where the relief sought is fixed.
The judgment may be entered immediately following
the entry of default. CCP 585(a)
Samples of Types of Cases that may be Suitable for
Clerk Default Judgment
Open-book accounts as defined in CCP 337(a)
Promissory notes
Recovery of money or damages only
Breach of Contract
Collection cases
Court Default Judgment
When the Clerk does not have the authority to enter
a default judgment, a Court Default Judgment is
required.
Samples of Types of Cases not suitable for a Clerk
Default Judgment
Amount of relief sought is not fixed or determinable
from the contract terms;
Case did not arise from a contract or judgment;
The summons was served by publication;
At least one of the defendants is not in default and has
not been dismissed.
Answer
s to Common Questions
What is required to be filed to have a default
entered?
Proof of Service of Summons (for each party to be
defaulted);
Request to Enter Default (Judicial Council form CIV-
100)
What is required to be filed with my judgment form to
obtain a Clerk Default Judgment?
Proof of Service of Summons (if not already filed);
Request to Enter Default (if not already filed);
Declaration pursuant to Code of Civ. Proc. § 1033 (if
judgment amount is less than the jurisdiction of Small
Claims Court);
Original agreement or declaration to accept copy in lieu
of original (if applicable).
The court has set a Case Management Conference. If
I submit a default judgment, will the hearing still be
held?
The hearing will be held unless your default judgment
is processed and entered by the clerk prior to the
hearing date. Filing your documents accurately and in
a reasonable time prior to the hearing date will help
ensure your case is removed from the court calendar.
When is the original agreement required for judgment?
When interest exceeds the legal rate
When attorney fees are based on written agreement
Useful R
esources
Useful resources include forms and California Rules of Court found at www.courts.ca.gov.
• Case management timelines can impact the filing of your documents. These can be found in California Rules of Court, rule 3.110.
This does not apply to Collection cases under rule 3.740(a), unlawful detainer actions, and other proceedings for which different
service requirements are prescribed by law.
• C
al Code of Civil Procedure, sections 425.11; 415.115; 417.10 et seq.; 579; 585-587; 1033
• Cal Rules of Court, rule 3.1800 – Dismissal of defendants
• Cal Rules of Court, rule 3.1806 – Cancelation of original contract by clerk
• Civil Code 1717.5 – Open book, attorney fees
•
Local rules of the court where your case is filed
TO THE CLERK: On the complaint or cross-complaint filed
(Testimony required. Apply to the clerk for a hearing date, unless the court will enter a judgment on an affidavit under
Code Civ. Proc., § 585(d).)
(1)
(2)
(3)
for restitution of the premises only and issue a writ of execution on the judgment. Code of Civil Procedure section
1174(c) does not apply. (Code Civ. Proc., § 1169.)
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.
under Code of Civil Procedure section 585(a). (Complete the declaration under Code Civ. Proc., § 585.5 on the
reverse (item 5).)
by (name):
Enter default of defendant (names):
I request a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989, etc., against defendant
(names):
Enter clerk’s judgment
for default previously entered on
(date):
BalanceAmount Credits acknowledged
c.
d.
e.
a.
b.
on (date):
Judgment to be entered.
Demand of complaint . . . . . . . . . . . . .
Statement of damages*
Special . . . . . . . . . . . . . . . . . . . .
General . . . . . . . . . . . . . . . . . . . .
Interest . . . . . . . . . . . . . . . . . . . . . . . .
Costs (see reverse) . . . . . . . . . . . . . .
Attorney fees . . . . . . . . . . . . . . . . . . .
TOTALS . . . . . . . . . . . . . . . . . . . . . .
per day beginning
(SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF)
(1)
Default entered as requested on
(2)
FOR COURT
USE ONLY
Clerk, by , Deputy
Page 1 of 2
Code of Civil Procedure, §§ 585–587, 1169
www.courts.ca.gov
Form Adopted for Mandatory Use
Judicial Council of California CIV-100
[Rev. January 1, 2020]
REQUEST FOR ENTRY OF DEFAULT
(Application to Enter Default)
1.
2.
a.
b.
c.
d.
e.
f .
(* Personal injury or wrongful death actions; Code Civ. Proc., § 425.11.)
g.
3.
Default NOT entered as requested
$$ $
$$ $
$$ $
$$ $
$$ $
$$ $
$$ $
Daily damages were demanded in complaint at the rate of: $
(date):
(Check if filed in an unlawful detainer case.) Legal document assistant or unlawful detainer assistant information is on the
reverse (complete item 4).
(TYPE OR PRINT NAME)
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
BRANCH NAME:
CITY AND ZIP CODE:
STREET ADDRESS:
MAILING ADDRESS:
Plaintiff/Petitioner:
Defendant/Respondent:
FOR COURT USE ONLY
CASE NUMBER:
REQUEST FOR
(Application)
Entry of Default Clerk's Judgment
Court Judgment
CIV-100
ATTORNEY OR PARTY WITHOUT ATTORNEY:
STATE: ZIP CODE:CITY:
STREET ADDRESS:
FIRM NAME:
NAME:
STATE BAR NO:
TELEPHONE NO.: FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
Not for use in actions under the Fair Debt Buying Practices Act (Civ. Code, § 1788.50 et seq.) (see CIV-105)
(2)
(1)
(date):
(state reason):
Date:
not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney
Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant or
on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act).
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
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.
(SIGNATURE OF DECLARANT)
Date:
(TYPE OR PRINT NAME)
Memorandum of costs (required if money judgment requested). Costs and disbursements are as follows (Code Civ. Proc.,
§ 1033.5):
Clerk's filing fees . . . . . . . . . . . . . . . . . . . .
Process server's fees . . . . . . . . . . . . . . . . .
Other (specify):
TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
REQUEST FOR ENTRY OF DEFAULT
(Application to Enter Default)
CIV-100 [Rev. January 1, 2020]
Page 2 of 2
4.
5.
a.
b. on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales
and Finance Act).
c.
a.
b.
7.
a.
b.
c.
d.
e.
f.
g.
8.
Assistant's name:
Street address, city, and zip code:
Telephone no.:
County of registration:
Registration no.:
Expires on (date):
Declaration under Code Civ. Proc., § 585.5 (for entry of default under Code Civ. Proc., § 585(a)). This action
is is not
is not
is notis
is
(names):
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:
Mailed on (date):
To (specify names and addresses shown on the envelopes):
$
$
$
$
$
Costs and disbursements are waived.
a.
b.
(1)
(2)
(SIGNATURE OF DECLARANT)
Date:
(TYPE OR PRINT NAME)
(SIGNATURE OF DECLARANT)
Date:
(TYPE OR PRINT NAME)
c.
d.
e.
f.
CASE NUMBER:
Plaintiff/Petitioner:
Defendant/Respondent:
CIV-100
Declaration of nonmilitary status (required for a judgment). No defendant named in item 1c of the application is in the military
service as that term is defined by either the Servicemembers Civil Relief Act, 50 U.S.C. App. § 3911(2), or California Military and
Veterans Code sections 400 and 402(f).
GLG GLGQRW
unlawful detainer assistant or 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:
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NOTICE TO ATTORNEYS AND SELF-REPRESENTED LITIGANTS*
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KLJKOLJKWHUSHQ3DUWLHVVKRXOGILOHVXFKGHIDXOWSDFNHWVLQWKH&OHUN¶V2IILFHZLWKLQILYHFRXUWGD\VSULRUWRDQ\VFKHGXOHGKHDULQJGDWH´
*Does not apply to Family Law cases
***SUBMIT FORM IN DUPLICATE***
DECLARATION FOR DEFAULT JUDGMENT BY COURT
(Unlawful Detainer—Code Civil Proc., § 585(d))
FOR COURT USE ONLY
CASE NUMBER:
DECLARATION FOR DEFAULT JUDGMENT BY COURT
(Unlawful Detainer—Code Civ. Proc., § 585(d))
Code of Civil Procedure, § 585(d)
Form Approved for Optional Use
Judicial Council of California
UD–116 [Rev. July 1, 2003]
ATTORNEY OR PARTY WITHOUT ATTORNEY
(Name, state bar number, and address):
UD-116
PLAINTIFF
(Name):
DEFENDANT
(Name):
Agreement was4.
ATTORNEY FOR
(Name):
TELEPHONE NO.: FAX NO.
(Optional):
E-MAIL ADDRESS
(Optional):
1. My name is
(specify):
b.
I am
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
Page 1 of 3
an owner of the property
a manager of the property
3.
Personal knowledge. I personally know the facts stated in this declaration and, if sworn as a witness, could testify competently
thereto. I am personally familiar with the rental or lease agreement, defendant's payment record, the condition of the property, and
defendant's conduct.
On or about
(date):
defendant
(name each):
with rent due on the
written
first of the month
other day
(specify):
a.
b.
c.
5.
Original agreement is attached
(specify):
Copy of agreement with a declaration and order to admit the copy is attached
(specify):
Agreement changed.
c.
A copy of the notice of change in terms is attached to this declaration, labeled Exhibit 5d.
e.
Original agreement for change in terms is attached
(specify):
Change in rent due date. Rent was changed, payable in advance, due on
(specify day): .
d.
a.
I am the plaintiff in this action.
(1)
(2)
an agent of the owner (3)
other
(specify):
(4)
2.
The property concerning this action is located at
(street address, apartment number, city, and county):
oral as follows:
agreed to rent the property for a
(1)
month-to-month tenancy other tenancy
(specify):
agreed to pay rent of $ payable
(2)
monthly
other (
specify frequency):
to the original complaint.
to the
Application for Immediate Writ of Possession.
to the original complaint.
to the
Application for Immediate Writ of Possession.
to this declaration, labeled Exhibit 4c.
a.
More than one change in rent amount
(specify history of all rent changes and effective dates up to the last rent
change)
on
Attachment
5a (form MC-025).
(1)
by agreement of the parties and subsequent payment of such rent.
(2)
by service on defendant of a notice of change in terms pursuant to Civil Code section 827
(check
item 5d).
(3)
pursuant to a written agreement of the parties for change in terms
(check item 5e or 5f)
.
b.
Change in rent amount
(specify last rent change)
. The rent was changed from $ to $ ,
which became effective on
(date):
and was made
to this declaration, labeled Exhibit 5e.
f. Copy of agreement for change in terms 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 5f.
to the
Application for Immediate Writ of Possession.
to this declaration, labeled Exhibit 4b.
www.courtinfo.ca.go
v
ORANGE
DECLARATION FOR DEFAULT JUDGMENT BY COURT
(Unlawful Detainer—Code Civ. Proc., § 585(d))
UD-116 [Rev. July 1, 2003]
CASE NUMBER:
PLAINTIFF
(Name):
DEFENDANT
(Name):
Notice to quit.
6.
Page 2 of 3
Proof of service of notice. The original or copy of the proof of service of the notice in item 6a is attached to
(specify):
8.
the original complaint.
a.
the original complaint.
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).
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.
9.
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)
.
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.)
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.)
b.
(rent per month) x (0.03288)
(12 months divided by 365 days)
a.
other valuation
(specify):
c.
Possession. The defendant11.
vacated the premises on
(date):
a.
continues to occupy the property on
(date of this declaration):
b.
Holdover damages. Declarant has calculated the holdover damages as follows:12.
Damages demanded in the complaint began on
(date):
a.
Damages accrued through
(date specified in item 11):
b.
a. Defendant was served with a
(1)
3-day notice to pay rent or quit
(2)
(3)
(4)
30-day notice to quit
(5)
3-day notice to perform covenants or quit
3-day notice to quit
Other
(specify):
d. The original or copy of the notice specified in item 6a is attached to
(specify):
The fair rental value of the property is $ per day, calculated as follows:
10.
rent per month divided by 30
b.
Number of days that damages accrued
(count days using the dates in items 12a and 12b):
c.
Total holdover damages
((daily rental value in item 10) x (number of days in item 12c)):
$
d.
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 $ .
13.
Court costs in this case, including the filing fee, are $
14.
Service of notice.
7.
personally on
(date):
by substituted service, including a copy mailed to the defendant, on
(date):
by posting and mailing on
(date mailed):
The notice was served on defendant
(name each):
a.
(1)
(2)
(3)
b.
A prejudgment claim of right to possession was served on the occupants pursuant to Code of Civil Procedure section
415.46.
(6)
60-day notice to quit
DECLARATION FOR DEFAULT JUDGMENT BY COURT
(Unlawful Detainer—Code Civ. Proc., § 585(d))
UD-116 [Rev. July 1, 2003]
Page 3 of 3
CASE NUMBER:
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.
19.
Exhibit 5e: Original agreement for change of terms.
18.
Exhibit 5d: Copy of notice of change in terms.
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).
23.
Other exhibits
(specify number and describe):
15.
Declarant requests a judgment on behalf of plaintiff for:
A money judgment as follows:
a.
(1)
(3)
(2)
(4)
(6)
Attorney fees
(item 13)*
Past-due rent
(item 6b)
Costs
(item 14)
TOTAL JUDGMENT
$
$
$
$
$
(5)
Other
(specify):
Holdover damages
(item 12d)
$
* Attorney fees are to be paid by
(name)
only.
Possession of the premises in item 2
(check only if a clerk's judgment for possession was not entered)
.
b.
Cancellation of the rental agreement.
c.
Forfeiture of the lease.
PLAINTIFF
(Name):
DEFENDANT
(Name):
}
JUDGMENT—UNLAWFUL DETAINER
FOR COURT USE ONLY
CASE NUMBER:
JUDGMENT—UNLAWFUL DETAINER
Code of Civil Procedure, §§ 415.46,
585(d), 664.6, 1169
Form Approved for Optional Use
Judicial Council of California
UD-110 [New January 1, 2003]
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):
UD-110
PLAINTIFF:
DEFENDANT:
By Clerk
By Court
By Default
After Court Trial
Possession Only
Defendant Did Not
Appear at Trial
AFTER COURT TRIAL. The jury was waived. The court considered the evidence.
2.
The case was tried on (date and time):a.
b.
ATTORNEY FOR (Name):
TELEPHONE NO.: FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
JUDGMENT
1.
BY DEFAULT
a.
b.
(1)
Clerk's Judgment (Code Civ. Proc., § 1169). For possession only of the premises described on page 2 (item 4).
Defendant was properly served with a copy of the summons and complaint.
c.
Defendant failed to answer the complaint or appear and defend the action within the time allowed by law.
(2)
plaintiff's testimony and other evidence.
plaintiff's or others' written declaration and evidence (Code Civ. Proc., § 585(d)).
d.
Defendant's default was entered by the clerk upon plaintiff's application.
e.
Court Judgment (Code Civ. Proc., § 585(b)). The court considered
before (name of judicial officer):
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
Appearances by:
Plaintiff (name each):
Plaintiff's attorney (name each):
Defendant (name each): Defendant's attorney (name each):
(1)
(2)
Page 1 of 2
Continued on Attachment 2b (form MC-025).
Continued on Attachment 2b (form MC-025).
c.
Defendant did not appear at trial. Defendant was properly served with notice of trial.
d.
A statement of decision (Code Civ. Proc., § 632) requested.was not was
(1)
(2)
ORANGE
JUDGMENT—UNLAWFUL DETAINER
UD-110 [New January 1, 2003]
CASE NUMBER:
PLAINTIFF:
DEFENDANT:
Parties. Judgment is
3.
a.
for plaintiff (name each):
and against defendant (name each):
b. for defendant (name each):
Page 2 of 2
Amount and terms of judgment
6.
(1)
(3)
(2)
(4)
(6)
Attorney fees
Past-due rent
Costs
TOTAL JUDGMENT
$
$
$
$
$
(5)
Other (specify):
Holdover damages
$
Defendant named in item 3a above must pay plaintiff on the
complaint:
a.
Plaintiff is to receive nothing from defendant
named in item 3b.
b.
Defendant named in item 3b is to recover
costs: $
THE COURT THE CLERKJUDGMENT IS ENTERED AS FOLLOWS BY:
and attorney fees: $ .
Defendant is entitled to possession of the premises located at (street address, apartment, city, and county):
c.
The rental agreement is canceled.
The lease is forfeited.
4.
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.
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).
Plaintiff
Other (specify):
8.
Date:
JUDICIAL OFFICER
, Deputy
Clerk, by
Date:
Date:
, Deputy
Clerk, by
CLERK'S CERTIFICATE (Optional)
I certify that this is a true copy of the original judgment on file in the court.
(SEAL)
Continued on Attachment 3a (form MC-025).
Continued on Attachment 8 (form MC-025).
L-1051
Approved for Optional Use
L-1051 (Rev. July 1, 2013)
APPLICATION FOR WRIT OF POSSESSION
UNLAWFUL DETAINER
Code of Civil Procedure,
§§ 712.010, 715.010, 415.46
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.: FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
JUSTICE CENTER:
Central – 700 Civic Center Dr. West, Santa Ana, CA 92701-4045
Harbor – 4601 Jamboree Rd., Newport Beach, CA 92660-2595
North – 1275 N. Berkeley Ave., P.O. Box 5000, Fullerton, CA 92838-0500
West – 8141 13
th
St., Westminster, CA 92683-4593
PLAINTIFF:
DEFENDANT:
CASE NUMBER:
APPLICATION FOR WRIT OF POSSESSION
UNLAWFUL DETAINER
Unlimited civil actions only. Case assigned to:
Judge:
Department:
Date complaint filed:
Hearing/trial date:
I am the
plaintiff
plaintiff's attorney
in the above entitled action and hereby apply for a Writ
of Possession under Sections 712.010 and 715.010 of the Code of Civil Procedure.
The daily rental value of the property at issue as of the date the complaint for unlawful detainer was
filed is $ .
A Prejudgment Claim of Right to Possession has been served in compliance with Section 415.46
of the Code of Civil Procedure. The writ shall apply to all tenants, subtenants, named claimants, and
other occupants of the premises.
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 PARTY OR ATTORNEY)
Form Approved for Optional Use
Judicial Council of California
EJ-130 [Rev. September 1, 2020]
1.
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 accordance with CCP 699.080 or CCP 715.040.
is the
9. Writ of Possession/Writ of Sale information on next page.
10.
Total judgment (as entered or renewed)
Costs after judgment (CCP 685.090)
5.
Fee for issuance of writ (per GC 70626(a)(l))
6.
TotaI amount due (add 15, 16, and 17)
Levying officer:
7. Notice of sale under this writ:
a.
b.
8.
[SEAL]
20.
Clerk, by
, Deputy
NOTICE TO PERSON SERVED: SEE PAGE 3 FOR IMPORTANT INFORMATION.
Page 1 of 3
WRIT OF EXECUTION
Code of Civil Procedure, §§ 699.520, 712.010, 715.010
Government Code, § 6103.5
www.courts.ca.gov
Add daily interest from date of writ (at
the legal rate on 15) (not on
GC 6103.5 fees) . . . . . . . . . . . . . . . .
3.
4.
To the Sheriff or Marshal of the County of:
(Name):
original judgment creditor assignee of record
Additional judgment debtors on next page
Judgment renewed on
(dates):
has not been requested.
has been requested (see next page).
Joint debtor information on next page.
This writ is issued on a sister-state judgment.
$
The amounts called for in items 11–19 are different for each
debtor. These amounts are stated for each debtor on
Attachment 20.
EJ-130
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
BRANCH NAME:
CITY AND ZIP CODE:
STREET ADDRESS:
MAILING ADDRESS:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
FOR COURT USE ONLY
CASE NUMBER:
WRIT OF
EXECUTION (Money Judgment)
Personal Property
Real Property
POSSESSION OF
SALE
ATTORNEY OR PARTY WITHOUT ATTORNEY:
STATE: ZIP CODE:CITY:
STREET ADDRESS:
FIRM NAME:
NAME:
STATE BAR NO.:
TELEPHONE NO.: FAX NO.:
EMAIL ADDRESS:
ATTORNEY FOR (name):
ATTORNEY FOR
ORIGINAL JUDGMENT CREDITOR ASSIGNEE OF RECORD
Limited Civil Case
Unlimited Civil Case
(including Small Claims)
(including Family and Probate)
Judgment entered on (date):
whose address is shown on this form above the court’s name.
Judgment debtor (name, type of legal entity if not a
natural person, and last known address):
11.
12.
$
16.
17.
14.
$
$
18.
19.
a.
$
Credits to principal (after credit to interest)
$
Subtotal (add 11 and 12)
13.
$
Principal remaining due (subtract 14 from 13)
15.
$
Pay directly to court costs included in
11 and 17 (GC 6103.5, 68637;
CCP 699.520(j)) . . . . . . . . . . . . . . . .
b.
$
Accrued interest remaining due per
CCP 685.050(b) (not on GC 6103.5 fees)
For items 11–17, see form MC-012 and form MC-013-INFO.
$
(See type of judgment in item 22.)
Date:
23.
24.
c.
Page 2 of 3
WRIT OF EXECUTION
EJ-130
CASE NUMBER:
Defendant/Respondent:
Plaintiff/Petitioner:
name, type of legal entity if not a natural person, and
last known address of joint debtor:
a.
b. name, type of legal entity if not a natural person, and
last known address of joint debtor:
b.
a.
EJ-130 [Rev. September 1, 2020]
The judgment is for (check one):
22.
a.
b.
wages owed.
child support or spousal support.
other.
c.
Item 25 continued on next page
21.
Additional judgment debtor(s) (name, type of legal entity if not a natural person, and last known address):
Notice of sale has been requested by (name and address):
Joint debtor was declared bound by the judgment (CCP 989-994)
on (date):
on (date):
Additional costs against certain joint debtors are itemized: below on Attachment 24c.
25.
a.
(a)
(date):
The court will hear objections to enforcement of the judgment under CCP 1174.3 on the following dates (specify):
(b)
$The daily rental value on the date the complaint was filed was
(4)
If the unlawful detainer resulted from a foreclosure (item 25a(3)), or if the Prejudgment Claim of Right to Possession was
not served in compliance with CCP 415.46 (item 25a(2)), answer the following:
(Check (1) or (2). Check (3) if applicable. Complete (4) if (2) or (3) have been checked.)
(Writ of Possession or Writ of Sale) Judgment was entered for the following:
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.
The Prejudgment Claim of Right to Possession was NOT served in compliance with CCP 415.46.
The unlawful detainer resulted from a foreclosure sale of a rental housing unit. (An occupant not named in the
judgment may file a Claim of Right to Possession at any time up to and including the time the levying officer returns
to effect eviction, regardless of whether a Prejudgment Claim of Right to Possession was served.) (See CCP
415.46 and 1174.3(a)(2).)
(1)
(2)
(3)
Possession of real property: The complaint was filed on
EJ-130
CASE NUMBER:
Plaintiff/Petitioner:
Defendant/Respondent:
NOTICE TO PERSON SERVED
WRIT OF EXECUTION OR SALE. Your rights and duties are indicated on the accompanying Notice of Levy (form EJ-150).
WRIT OF POSSESSION OF PERSONAL PROPERTY. If the levying officer is not able to take custody of the property, the levying
officer will demand that you turn over the property. If custody is not obtained following demand, the judgment may be enforced as a
money judgment for the value of the property specified in the judgment or in a supplemental order.
WRIT OF POSSESSION OF REAL PROPERTY. If the premises are not vacated within five days after the date of service on the
occupant or, if service is by posting, within five days after service on you, the levying officer will remove the occupants from the real
property and place the judgment creditor in possession of the property. Except for a mobile home, personal property remaining on the
premises will be sold or otherwise disposed of in accordance with CCP 1174 unless you or the owner of the property pays the
judgment creditor the reasonable cost of storage and takes possession of the personal property not later than 15 days after the time
the judgment creditor takes possession of the premises.
EXCEPTION IF RENTAL HOUSING UNIT WAS FORECLOSED. If the residential property that you are renting was sold in a
foreclosure, you have additional time before you must vacate the premises. If you have a lease for a fixed term, such as for a year, you
may remain in the property until the term is up. If you have a periodic lease or tenancy, such as from month-to-month, you may remain
in the property for 90 days after receiving a notice to quit. A blank form Claim of Right to Possession and Notice of Hearing (form
CP10) accompanies this writ. You may claim your right to remain on the property by filling it out and giving it to the sheriff or levying
officer.
EXCEPTION IF YOU WERE NOT SERVED WITH A FORM CALLED PREJUDGMENT CLAIM OF RIGHT TO POSSESSION. If you
were not named in the judgment for possession and you occupied the premises on the date on which the unlawful detainer case was
filed, you may object to the enforcement of the judgment against you. You must complete the form Claim of Right to Possession and
Notice of Hearing (form CP10) and give it to the sheriff or levying officer. A blank form accompanies this writ. You have this right
whether or not the property you are renting was sold in a foreclosure.
EJ-130 [Rev. September 1, 2020]
Page 3 of 3
WRIT OF EXECUTION
The property is described
e.
below on Attachment 25e.
b.
c.
d.
25.
Possession of personal property.
If delivery cannot be had, then for the value (itemize in 25e) specified in the judgment or supplemental order.
Sale of personal property.
Sale of real property.
OCSD (Rev. 6/2019) Page 1 of 2
EVICTION INSTRUCTIONS
List ALL named parties on the Writ.
Judgment Creditor(s):
Judgment Debtor(s):
The Writ accompanying the instructions is:
 An Original Writ, or a Copy of the Original Writ
issued by the court as an Electronic Writ, NOT
already in possession of the levying officer
 A Copy of the Original Writ already in possession
of the levying officer
 An Original Writ (Non Electronic)
Sheriff File Number:
Court Case Number:
Issue Date of Writ:
Prejudgment Claim of Right to Possession was served
with the complaint.  Yes  No
Property is a dwelling.  Yes  No
 Property is Real Property (ex. House or Apartment)
 Property is Personal Property (ex. Mobile Home or Boat)
** If the property address is not clearly displayed on
the building or curb, the eviction will not take place,
and additional fees will be charged.
FAILURE TO COMPLETE ANY PART OF THE FORM BELOW MAY RESULT IN DELAY OF THE EVICTION TO ALLOW
THE SHERIFF TO EVALUATE SAFETY ISSUES FOR ALL PARTIES.
TO THE OR
ANGE COUNTY SHERRIF: Serve Writ of Possession (CCP 715.010-715.050) and 5-day notice to vacate.
Enforce Writ by removing the defendant(s) from premises. Plaintiff to cover all Sheriff’s fees, costs and expenses in advance.
Please contact the following person to schedule the eviction. (The contact person must be on site during the eviction.)
Name
Phone Num
ber(s)
Location/Description of the property as named on the Writ of Possession:
Address *** Building or Gate Code ***
City State Zip Code
The Sheriff’s Department DOES NOT guarantee service.
The Sheriff’s Department is entitled to its fees whether the service is completed or not. (California Government Code 26738)
X Signature Date
Name of Attorney (Or Party Without Attorney) Requesting Service
Address Email Address
City State Zip Code Phone Number
OCSD (Rev. 6/2019) Page 2 of 2
SEE PAGE 2 OF THIS FORM FOR ADDITIONAL REQUIRED INFORMATION.
EVICTION INSTRUCTIONS
EVICTION SAFETY ISSUES
1. Do you know of any illegal activities that may be taking place at this address? Please explain
2. Do you know of any police contacts at this address? Please explain
3. Please provide additional information on any issues that may pose a threat to a safe eviction process.
(ex. firearms or other weapons, surveillance cameras, previous suicide attempts, vicious animals, alarms,
and any other hazards)
DEFENDANT’S INFORMATION
Full Name Full Name
Date of Birth Date of Birth
Gender Gender
Race Race
CDL CDL
SS# SS#
Please check the appropriate boxes and explain below:
 Elderly Foreclosure  HUD Housing  Animals
 Disabled  Medical Problems Mental Illness  Assaultive
 Language Spoken Children (ages)
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SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE SELF-HELP (The Superior Court of California - County of Orange)

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Completed 8 February 2021

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