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SUPERIOR COURT OF CALIFORNIA OF ORANGE COUNTY SELF-HELP

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SHC-UD-02 (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 ONLY
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(RevisedSept.2012) Page1of3
DEFAULTJUDGMENTCHECKLIST
CLERKDEFAULTJUDGMENT–CIVIL
Use this checklist to complete your default judgment prior to filing it with the court. The Default Judgment Checklist is intended to
provideaguidelinetoproperly fileyourProofofService,RequestforEntryofDefaultandClerkDefaultJudgment.
Aclerkmayenteradefaultjudgmentinawrittenobligation(e.g.,contractorpromissorynote)actiononlyiftheamountdueissetforth
inthe contractormaybedeterminedfromthetermsoftheagreement.Theactionmuststatetheamountdueinthewrittenagreement
ormustbeeasilydeterminedwithouttakingevidence.ExamplesofcasetypesthataretypicalofaClerkDefaultJudgmentinclude:open
bookaccounts (credi
tcards), bad checks, accounts stated basedonstatements,and promissory notes for money owed,and collection
cases.
Aclerk default judgment maybe obtained whenthe defendantfails to file a response to the summonsand complaint within the time
specifiedonthesummons.Evenifthedefendantfailstofilearesponse,youwillnotobtainadefaultjudgmentifthenameddefendant
has not been properly served, the partynames do not match the names on the complaint or on any subsequent amendments to the
complaint,orthereareothertechnicaldefectssuchasomittingasignature.
Thi
sinformationisintendedasaguidetoassistyouinprocessingyourdefaultjudgment.
1. ProofofService.UseJudicialCouncilformPOS–010.Asherifforprocessservermayuseasimilarformthat
complieswithCaliforniaRulesofCourt,rule2.150.
AseparateProofofServiceofSummonsmustbeusedforeachdefendant served.
Thenameofthepartyservedisthesameasthedefendantorcross‐defendantnamedincomplaintor
inanysubsequentamendment.
Indicatethenameandtitleofthepersonauthorizedtoacceptserviceonbehalfofabusiness/entity.
Ifsubstitutedservicemeth odwasusedonanaturalperson,aDeclarationofDueDiligencemustbe
attachedtotheProofofService.
IfserviceisdonebyNoticeandAcknowledgmentofReceipt–Civil(POS‐015),filetheProofofService
ofSummons(POS‐010)alongwiththesignedNoticeandAcknowledgmentofReceipt–Civil.
2. RequestforEntryofDefault.UseJudicialCouncilformCIV‐100.Thisformspecifieswhichsectionsare
requiredtobecompletedtoobtaindefaultonly,ortoobtaindefaultandapplyforadefaultjudgment.The
defaultcannotbeenteredifanyofthefollowingexists:
Thetimeforthedefendanttorespond,asspecifiedinthesummons,hasnotexpired.
Ananswer,demurrer,noticeofmotiontostrikeanypartofthepleading,noticeofmotiontotransfer,
noticeofmotiontodismiss,noticeofmotiontoquashserviceofsummonsortostayordismissthe
action,ornoticeoffilingawritofmandate.(CodeofCivilProceduresection585(a)—(c))

ThePOS‐010doesnotindicatethedefe ndantwasproperlyserved.
If
anyofthef ollowingexists,thedefaultofdefendantmaynotbeentered:
Thenamesofthedefendant(s),including“aka’s”,arenotthesameasthenamesonthecomplaintor
anyamendment.
ProofofserviceofStatementofDamages(JudicialCouncilformCIV‐050)hasnotbeenfiledwhenthe
complaintisforPersonalInjuryorWrongfulDeathaction.
Proofofserviceofstatementofdamageshasnotbeenfiledwhenthecomplaintisrequestingpunitive
damages.DonotuseJudicialCouncilforCIV‐050forthistypeofstatement.(CodeofCivilProcedure
section425.115).
Information
L‐1006(RevisedSept.2012) Page2of3
3. ClerkDefaultJudgment.UseJudicialCouncilformJUD‐100.
*Note:Ifastatementofdamageswasrequired,youmustproceedwithaCourtDefaultJudgment.
Anydamages,prejudgmentinterest,attorneyfees,costsorothermonetaryamounts,ifrequested,mustbe
stated1)intheprayerofthecomplaint,and2)mustbespecifiedontheRequestforEntryofDefaultform
(page1,
section2).Theclerkwillnotcalculatetheamountsforyou.
UseJudicialCouncilformCIV‐110–RequestforDismissal,todismissanynamedordoedefendants
notstatedonthejudgment.
Costsclai
medonthejudgment:
IfthecasecouldhavebeenfiledinSmallClaimsCourt,youmayapplytothecourttohavecostsallowed
aspartofthejudgment.
IfthecasecouldnothavebeenfiledinSmallClaimsCourt(e.g.,assignedclaim),submitadeclaration
statingthatthedemandletterwasmailedtothedefendant,notifyingthemthattheyareliableforcourt
costs(CodeofCivilProceduresection1033).Youmustapplytothecourttohavecostsallowedaspart
ofthejudgment.
Interestclaimedonthejudgment:
Interestisallowedatthelegalrateunlessthecontractallowsforahigherrate.Thismustalsobe
specifiedintheprayerofthecomplaint.Iftheamountexceedsthelegalrate,theoriginalcontractmust
befiledwiththecourt.
AttorneyFeesclaimedonthejudgment:
Attorneyfeesclaimedmustcomplywithanyscheduleprovidedforbylocalcourtrules.
Ifattorneyfeesareallowedbyaspecificstatute,suchasCivilCodesection1717,etseq.,thismustbe
specifiedinaseparatedeclarationorspecifiedintheprayerofthecomplaint.
Ifattorneyfeesarebasedonawrittenagreement,thismustbestatedintheprayerofthecomplaint.
Theoriginalcontractmustbefiledwiththecourt.
WrittenAgreement:
Submittheoriginalcontractoracopyofthecontractwithadeclarationwhytheoriginalcontract
cannotbesubmitted.Thismustbefiledwhenrequestingattorneyfeesinaccordancetothe
agreementorwhenrequestinginterestthatismorethanthelegallimit.Youcanhelpexpediteyour
judgmentbyhighlightingtheagreementforattorneyfeesandanyinterestclaimedthatexceedsthe
legalamount.Inmostinstances,thelegalamountis10%
.
FeeWaiverhasbeengrantedforprevailingparty:
Thejudgmentmustincludeallfeesthatwerewaivedbythecourt.Anycostscollectedmustbepaidto
thecourt.
4. Basicstocheckorincludebeforesubmittingyourdocumenttothecourt.
Iseachdocumentanddeclarationdatedandsigned?
If you are noteFiling orfiling byFAX, each document submitted must be anoriginal unless youhave
appliedtothecourttoacceptacopyinlieuoftheoriginal.
Did you include a self‐addressed, stamped envelope of sufficient size and with sufficient postage for
theclerktoreturnyourfilestampedcopiestoyou?
Information
L‐1006(RevisedSept.2012) Page3of3
DefaultJudgment–GeneralCivilComplaints(non‐UnlawfulDetainerActions)
GeneralInformation
ClerkDefaultJudgment
AClerkDefaultJudgmentmaybeobtainedinan
actionarisingfromacontractfortherecoveryof
moneyordamageswheretherelief soughtisfixed.
Thejudgmentmaybeenteredimmediatelyfollowing
theentryofdefault.CCP585(a)
SamplesofTypesofC
asesthatmaybeSuitablefor
ClerkDefaultJudgment
Open‐bookaccountsasdefinedinCCP337(a)
Promissorynotes
Recoveryofmoneyordamagesonly
BreachofContract
Collectioncases
CourtDefaultJudgment
WhentheClerkdoesnothavetheauthoritytoenter
adefaultjudgment,aCourtDefaultJudgmentis
required.
SamplesofTypesofCasesnotsuitableforaClerk
DefaultJudgment
Amountofreliefsoughtisnotfixedordeterminable
fromthecontractterms;
Casedidnotarisefromacontractorjudgment;
Thesummon
swasservedbypublication;
Atleastoneofthedefendantsisnotin defaultandhas
notbeendismissed.
Answers
toCommonQuestions
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)
Whatisrequiredtobefiledwithmyjudgmentformto
obtainaClerkDefaultJudgment?
ProofofServiceofSummon
s(ifnotalreadyfiled);
RequesttoEnterDefault(ifnotalreadyfiled);
Declaration pursuant to Code of Civ. Proc. § 1033 (if
judgment amount is less than the jurisdiction of Small
ClaimsCourt);
Originalagreementordeclarationtoacceptcopyinlieu
oforiginal(ifapplicabl
e).
ThecourthassetaCaseManagementConference.If
Isubmitadefaultjudgment,willthehearingstillbe
held?
Thehearingwillbeheldunlessyourdefaultjudgment
is processed and entered by the clerk prior to the
hearingdate.Filingyourdocumentsaccuratelyandin
a reasonable time prior to thehearing datewill hel
p
ensureyourcaseisremovedfromthecourtcalendar.
Whenistheoriginalagreementreq
uiredforjudgment?
Wheninterestexceedsthelegalrate
Whenattorneyfeesarebasedonwrittenagreement
UsefulResou
rces
UsefulresourcesincludeformsandCaliforniaRulesofCourtfoundatwww.courts.ca.gov.
• Casemanagementtimelinescanimpactthefilingofyourdocuments.ThesecanbefoundinCaliforniaRulesofCourt,rule3.110.
ThisdoesnotapplytoCollectioncasesunderrule3.740(a),unlawfuldetaineractions,andotherproceedingsforwhichdifferent
servicerequirementsareprescribedbylaw.
• CalCodeofCivilProcedure,sections425.11;415.115;417.10etseq.;579;585‐587;1033
• CalRulesofCourt,rule3.1800–Dismissalofdefendants
• CalRulesofCourt,rule3.1806–Cancelationoforiginalcontractbyclerk
• CivilCode1717.5–Openbook,attorneyfees
• Localrulesofthecourtwhereyourcas
eisfiled
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:
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 ORANGE
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)
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:
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 ORANGE 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 Number(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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