Orange — Unlawful Detainer Default Judgment for Possession and Monetary Recovery

Source: https://www.occourts.org/system/files/selfhelp/shc-ud-03.pdf

SUPERIOR COURT OF CALIFORNIA Self-Help Services COUNTY OF ORANGE www.occourts.org/self-help

UNLAWFUL DETAINER: DEFAULT JUDGMENT FOR POSSESSION & MONETARY RECOVERY

SELF-HELP FORM PACKET

SHC-UD-03 (Rev. 07/01/2026)

Self-Help Services can review your completed forms before you file them with the Court. To request review of your completed forms: • In person review: Central Justice Center or the Lamoreaux Justice Center • Virtual (remote) review: Any branch court, including the Costa Mesa Justice Complex. To File In Person: Central Justice Center 700 Civic Center Drive West Santa Ana, CA 92701 Civil Division, 1st floor, Room K-100

www.occourts.org/self-help

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 1 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. Interest 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.

   Attorney 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.

   Written 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 Waiver 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. Basics 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 2 of 3

Default Judgment – General Civil Complaints (non-Unlawful Detainer Actions) General Information

Clerk Default Judgment Samples of Types of Cases that may be Suitable for

A Clerk Default Judgment may be obtained in an Clerk Default Judgment action arising from a contract for the recovery of Open-book accounts as defined in CCP 337(a) money or damages where the relief sought is fixed. Promissory notes The judgment may be entered immediately following Recovery of money or damages only the entry of default. CCP 585(a) Breach of Contract Collection cases Court Default Judgment Samples of Types of Cases not suitable for a Clerk When the Clerk does not have the authority to enter Default Judgment a default judgment, a Court Default Judgment is Amount of relief sought is not fixed or determinable required. 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.

Answers to Common Questions

What is required to be filed to have a default What is required to be filed with my judgment form to entered? obtain a Clerk Default Judgment? Proof of Service of Summons (for each party to be Proof of Service of Summons (if not already filed); defaulted); Request to Enter Default (if not already filed); Request to Enter Default (Judicial Council form CIV- Declaration pursuant to Code of Civ. Proc. § 1033 (if 100) 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 When is the original agreement required for judgment? I submit a default judgment, will the hearing still be When interest exceeds the legal rate held? When attorney fees are based on written agreement 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.

Useful Resources
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.
• Cal 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

Information L-1006 (Revised Sept. 2012) Page 3 of 3

CIV-100 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO: FOR COURT USE ONLY NAME:

FIRM NAME:

STREET ADDRESS:

CITY: STATE: ZIP CODE:

TELEPHONE NO.: FAX NO.:

E-MAIL ADDRESS:

ATTORNEY FOR (name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

Plaintiff/Petitioner:

Defendant/Respondent: REQUEST FOR Entry of Default Clerk's Judgment CASE NUMBER: (Application) Court Judgment

Not for use in actions under the Fair Debt Buying Practices Act (Civ. Code, § 1788.50 et seq.); (see form CIV-105)

1. TO THE CLERK: On the complaint or cross-complaint filed a. on (date): b. by (name): c. Enter default of defendant (names):

   d. I request a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989, etc., against defendant (names): (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).) e. Enter clerk’s judgment (1) 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. (2) under Code of Civil Procedure section 585(a). (Complete the declaration under Code Civ. Proc., § 585.5 on the reverse (item 5).) (3) for default previously entered on (date):

2. Judgment to be entered. Amount Credits acknowledged Balance a. Demand of complaint . . . . . . . . . . . . . $ $ $ b. Statement of damages* (1) Special . . . . . . . . . . . . . . . . . . . . $ $ $ (2) General . . . . . . . . . . . . . . . . . . . . $ $ $ c. Interest . . . . . . . . . . . . . . . . . . . . . . . . $ $ $ d. Costs (see reverse) . . . . . . . . . . . . . . $ $ $ e. Attorney fees . . . . . . . . . . . . . . . . . . . $ $ $ f . TOTALS . . . . . . . . . . . . . . . . . . . . . . $ $ $

   g. Daily damages were demanded in complaint at the rate of: $ per day beginning (date): (* Personal injury or wrongful death actions; Code Civ. Proc., § 425.11.)

3. (Check if filed in an unlawful detainer case.) Legal document assistant or unlawful detainer assistant information is on the reverse (complete item 4).

   Date:

   (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF)

FOR COURT (1) Default entered as requested on (date): USE ONLY (2) Default NOT entered as requested (state reason): Clerk, by , Deputy Page 1 of 3

Form Adopted for Mandatory Judicial Council of California Use REQUEST FOR ENTRY OF DEFAULT Code of Civil Procedure, www.courts.ca.gov§§ 585–587, 1169 CIV-100 [Rev. January 1, 2023] (Application to Enter Default)

CIV-100 Plaintiff/Petitioner: CASE NUMBER: Defendant/Respondent:

4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant or unlawful detainer assistant GLG GLG QRW for compensation give advice or assistance with this form. If declarant has received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state:

   a. Assistant's name: c. Telephone no.: b. Street address, city, and zip code: d. County of registration: e. Registration no.: f. Expires on (date):

5. Declaration under Code Civ. Proc., § 585.5 (for entry of default under Code Civ. Proc., § 585(a)). This action

   a. is is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act).

   b. is is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. is is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b).

6. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Entry of Default was

   a. not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names):

   b. mailed first-class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, if none, to each defendant's last known address as follows: (1) Mailed on (date): (2) To (specify names and addresses shown on the envelopes):

I declare under penalty of perjury under the laws of the State of California that the foregoing items 4, 5, and 6 are true and correct. Date:

(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)

7. Memorandum of costs (required if money judgment requested). Costs and disbursements are as follows (Code Civ. Proc., § 1033.5): a. Clerk's filing fees . . . . . . . . . . . . . . . . . . . . $ b. Process server's fees . . . . . . . . . . . . . . . . . $ c. Other (specify): $ d. $ e. TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ f. Costs and disbursements are waived. g. I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct and these costs were necessarily incurred in this case.

I declare under penalty of perjury under the laws of the State of California that the foregoing item 7 is true and correct.

Date:

(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)

CIV-100 [Rev. January 1, 2023] REQUEST FOR ENTRY OF DEFAULT Page 2 of 3 (Application to Enter Default)

CIV-100 Plaintiff/Petitioner: CASE NUMBER: Defendant/Respondent:

8. Declaration of nonmilitary status (required for a judgment). No defendant/respondent named in item 1c is in the military service of the United States as defined by either the Servicemembers Civil Relief Act (see 50 U.S.C. § 3911(2)) or California Military and Veterans Code sections 400 and 402(f).

   I know that no defendant/respondent named in item 1c is in the U.S. military service because (check all that apply): a. the search results that I received from https://scra.dmdc.osd.mil/ say the defendant/respondent is not in the U.S. military service. b. I am in regular communication with the defendant/respondent and know that they are not in the U.S. military service. c. I recently contacted the defendant/respondent, and they told me that they are not in the U.S. military service. d. I know that the defendant/respondent was discharged from U.S. military service on or about (date): e. the defendant/respondent is not eligible to serve in the U.S. military because they are: incarcerated a business entity f. other (specify):

   Note
   • U.S. military status can be checked online at https://scra.dmdc.osd.mil/.
   • If the defendant/respondent is in the military service, or their military status is unknown, the defendant/respondent
   is entitled to certain rights and protections under federal and state law before a default judgment can be entered.
   • For more information, see https://selfhelp.courts.ca.gov/military-defaults.

I declare under penalty of perjury under the laws of the State of California that the foregoing item 8 is true and correct.

Date:

(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)

CIV-100 [Rev. January 1, 2023] REQUEST FOR ENTRY OF DEFAULT Page 3 of 3 (Application to Enter Default)

UD-120 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: FOR COURT USE ONLY NAME:

FIRM NAME:

STREET ADDRESS:

CITY: STATE: ZIP CODE:

TELEPHONE NO.: FAX NO.:

EMAIL ADDRESS:

ATTORNEY FOR (name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PLAINTIFF: DEFENDANT:

CASE NUMBER:

VERIFICATION BY LANDLORD REGARDING RENTAL ASSISTANCE—UNLAWFUL DETAINER

This form must be filed by the plaintiff with any request for default judgment in any unlawful detainer action seeking possession of residential property based on nonpayment of rent or any other financial obligation under a lease. It may also be used at other times as appropriate or when requested by a judicial officer.

1. The landlord of the property at issue in this case is (name):

2. All of the following statements are true:

a. Landlord has not received rental assistance or other financial compensation from any other source corresponding to the
amount demanded in the notice underlying the complaint in this action.

b. Landlord has not received rental assistance or other financial compensation from any other source for rent accruing after
the date of the notice underlying the complaint in this action.

c. Landlord does not have any pending application for rental assistance or other financial compensation from any other
source corresponding to the amount demanded in the notice underlying the complaint in this action.

d. Landlord does not have any pending application for rental assistance or other financial compensation from any other
sources for rent accruing after the date of the notice underlying the complaint in this action.

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)

(TITLE—provide if signing on behalf of corporation or other business entity)

Form Adopted for Mandatory § 50897.3(e)(2) Use VERIFICATION BY LANDLORD REGARDING Health & Safety Code,Judicial Council of California www.courts.ca.gov UD-120 [Rev. July 16, 2022] RENTAL ASSISTANCE—UNLAWFUL DETAINER

$77251(< 25 3$57< :,7+287 $77251(< (Name & Address) FOR COURT USE ONLY

7HOHSKRQH 1R )D[ 1R 2SWLRQDO ( 0DLO $GGUHVV 2SWLRQDO $77251(< )25 (Name): %DU 1R

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE -867,&( &(17(5

&HQWUDO &LYLF &HQWHU 'U :HVW 6DQWD $QD &$
&LYLO &RPSOH[ &HQWHU : 6DQWD $QD %OYG 6DQWD $QD &$
+DUERU 1HZSRUW %HDFK -DPERUHH 5G 1HZSRUW %HDFK &$
/DPRUHDX[ 7KH &LW\ 'ULYH 6RXWK 2UDQJH &$
1RUWK 1 %HUNHOH\ $YH )XOOHUWRQ &$

3/$,17,)) 3(7,7,21(5 &$6( 180%(5

'()(1'$17 5(6321'(17

&DVH DVVLJQHG WR
MEMORANDUM FOR SETTING FOR HEARING -XGJH
(UNCONTESTED MATTER) 'HSDUWPHQW
'DWH FRPSODLQW ILOHG
… RESETTING +HDULQJ WULDO GDWH

7KH FOHUN LV UHTXHVWHG WR VHW UHVHW WKH DERYH HQWLWOHG SURFHHGLQJ IRU KHDULQJ 1DWXUH RI 3URFHHGLQJ … $GRSWLRQ … 'LVVROXWLRQ … /HJDO 6HSDUDWLRQ … 3URYH 8S … 0LQRU¶V &RPSURPLVH … %LIXUFDWHG +HDULQJ … 1XOOLW\ … 3DWHUQLW
… *HQHUDO &LYLO … 2WKHU

, UHSUHVHQW WR WKH &RXUW WKDW WKLV SURFHHGLQJ LV UHDG\ IRU KHDULQJ DQG , NQRZ RI QR UHDVRQ ZK\ WKLV PDWWHU VKRXOG QRW EH KHDUG DV VRRQ DV WKH &RXUW¶V FDOHQGDU ZLOO SHUPLW

(VWLPDWHG WLPH IRU KHDULQJ

+HDULQJ GDWH V SUHIHUUHG

'DWH

7<3( 25 35,17 1$0( 6,*1$785( 2) $33/,&$17 25 $77251(<

For Court Use Only

7KH DERYH FDVH KDV EHHQ VHW RQ WKH FDOHQGDU LQ 'HSDUWPHQW RQ DW $ 0 3 0 DW WKH &HQWUDO &LYLO &RPSOH[ &HQWHU +DUERU 1HZSRUW %HDFK /DPRUHDX[ 1RUWK $WWRUQH\ $WWRUQH\¶V $JHQW 3DUW\ QRWLILHG RQ '$9,' + <$0$6$., &OHUN RI WKH &RXUW

%\ 'HSXW\ &OHUN

NOTICE TO ATTORNEYS AND SELF-REPRESENTED LITIGANTS*

5XOH RI WKH /RFDO 5XOHV 6XSHULRU &RXUW RI &DOLIRUQLD &RXQW\ RI 2UDQJH LV TXRWHG IRU \RXU LQIRUPDWLRQ DQG FRPSOLDQFH

5XOH 'HIDXOW -XGJPHQWV

³$OO 5HTXHVWV IRU (QWU\ RI 'HIDXOW GHFODUDWLRQV IRU HQWU\ RI GHIDXOW MXGJPHQW VXSSRUWLQJ HYLGHQFH DQG MXGJPHQWV PXVW EH VXEPLWWHG WRJHWKHU DV D VLQJOH SDFNHW (DFK H[KLELW PXVW EH VHSDUDWHG E\ D KDUG ò [ VKHHW ZLWK KDUG SDSHU RU SODVWLF WDEV H[WHQGLQJ EHORZ WKH ERWWRP RI WKH SDJH EHDULQJ WKH H[KLELW GHVLJQDWLRQ $Q\ SURYLVLRQ IRU DWWRUQH\ IHHV PXVW EH KLJKOLJKWHG ZLWKLQ WKH ZULWWHQ FRQWUDFW ZLWK D OLJKW FRORUHG 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

$SSURYHG IRU 2SWLRQDO 8VH MEMORANDUM FOR SETTING FOR HEARING / 5HY 'HF (UNCONTESTED MATTER)

UD-116

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY

TELEPHONE NO.: FAX NO. (Optional):

E-MAIL ADDRESS (Optional):

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE STREET ADDRESS: 700 Civic Center Drive

MAILING ADDRESS: CITY AND ZIP CODE: Santa Ana, CA 92701 BRANCH NAME: Central Justice Center

PLAINTIFF (Name):

DEFENDANT (Name):

CASE NUMBER:

DECLARATION FOR DEFAULT JUDGMENT BY COURT (Unlawful Detainer—Code Civil Proc., § 585(d))

1. My name is (specify): a. I am the plaintiff in this action. b. I am (1) an owner of the property (3) an agent of the owner (2) a manager of the property (4) other (specify):

2. The property concerning this action is located at (street address, apartment number, city, and county):

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.

4. Agreement was written oral as follows: a. On or about (date): defendant (name each):

   (1) agreed to rent the property for a month-to-month tenancy other tenancy (specify):
   (2) agreed to pay rent of $ payable monthly other (specify frequency):
   with rent due on the first of the month other day (specify):

   b. Original agreement is attached (specify): to the original complaint. to the Application for Immediate Writ of Possession. to this declaration, labeled Exhibit 4b. c. Copy of agreement with a declaration and order to admit the copy is attached (specify): to the Application for Immediate Writ of Possession. to this declaration, labeled Exhibit 4c.

5. Agreement changed.
   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).

   b. Change in rent amount (specify last rent change). The rent was changed from $ to $ ,
   which became effective on (date): and was made

   (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).

c. Change in rent due date. Rent was changed, payable in advance, due on (specify day): . d. 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): to the original complaint. to the Application for Immediate Writ of Possession. 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.

Form Approved for Optional Use DECLARATION FOR DEFAULT JUDGMENT BY COURT Code of Civil Procedure, § 585(d) Judicial Council of California UD–116 [Rev. July 1, 2003] (Unlawful Detainer—Code Civ. Proc., § 585(d)) www.courtinfo.ca.gov

585(d)) § Proc., Civ. Detainer—Code (Unlawful 3 of 2 Page COURT BY JUDGMENT DEFAULT FOR DECLARATION 2003] 1, July [Rev. UD-116

$ are fee, filing the including case, this in costs Court 14.

. $ are (name): attorney plaintiff's for fees attorney reasonable and
(specify): paragraph to pursuant agreement rental or lease the in authorized are fees attorney Reasonable 13.

$ 12c)): item in days of (number x 10) item in value rental ((daily damages holdover Total d.
12b): and 12a items in dates the using days (count accrued damages that days of Number c.
11): item in specified (date through accrued Damages b.
(date): on began complaint the in demanded Damages a.

follows: as damages holdover the calculated has Declarant damages. Holdover 12.

declaration): this of (date on property the occupy to continues b.
(date): on premises the vacated a.
defendant The Possession. 11.

(specify): valuation other c.
30 by divided month per rent b.
days) 365 by divided months (12 (0.03288) x month) per (rent a.
follows: as calculated day, per $ is property the of value rental fair The 10.

expired. notice the after accepted and received been has money No date. that by notice the of requirements the with

comply to failed defendant and day the of end the at expired 6 item in notice the (date): On expired. Notice 9.

complaint.) original the to attached

not if declaration this to attached be MUST service of proof the of copy or original (The 8b. Exhibit labeled declaration, this b. complaint. original the a. (specify): to attached is 6a item in notice the of service of proof the of copy or original The notice. of service of Proof 8.

415.46.
section Procedure Civil of Code to pursuant occupants the on served was possession to right of claim prejudgment A b.
mailed): (date on mailing and posting by (3)
(date): on defendant, the to mailed copy a including service, substituted by (2)
(date): on personally (1)

each): (name defendant on served was notice The a.
notice. of Service 7.

complaint.) original the to attached

not if declaration this to attached be MUST notice the of copy a or original (The 6d. Exhibit labeled declaration, this complaint. original the (specify): to attached is 6a item in specified notice the of copy or original The d. MC-025). (form 6c Attachment on balance) the at arrive to received payments partial any and notice 3-day the by covered dates of history (specify 4a(2) item in rent agreed the from different is 6b item under notice 3-day the in demanded rent total The c. . (date) on ending and (date) on beginning period rental the for $ (specify): of amount the in due rent demanded quit or rent pay to notice 3-day The b. quit to notice 60-day (6) (specify): Other (3) quit to notice 30-day (5) quit or covenants perform to notice 3-day (2) quit to notice 3-day (4) quit or rent pay to notice 3-day (1) a with served was Defendant a. quit. to Notice 6.

(Name): DEFENDANT

NUMBER: CASE (Name): PLAINTIFF

PLAINTIFF (Name): CASE NUMBER:

DEFENDANT (Name):

15. Declarant requests a judgment on behalf of plaintiff for:
    a. A money judgment as follows:

    (1) Past-due rent (item 6b) $

    (2) Holdover damages (item 12d) $
    (3) Attorney fees (item 13)* $ * Attorney fees are to be paid by
    (name) only.
    (4) Costs (item 14) $

    (5) Other (specify): $

    (6) TOTAL JUDGMENT $

    b. Possession of the premises in item 2 (check only if a clerk's judgment for possession was not entered).
    c. Cancellation of the rental agreement. Forfeiture of the lease.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: } (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)

Summary of Exhibits

16. Exhibit 4b: Original rental agreement.

17. Exhibit 4c: Copy of rental agreement with declaration and order to admit the copy.

18. Exhibit 5d: Copy of notice of change in terms.

19. Exhibit 5e: Original agreement for change of 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):

UD-116 [Rev. July 1, 2003] DECLARATION FOR DEFAULT JUDGMENT BY COURT Page 3 of 3 (Unlawful Detainer—Code Civ. Proc., § 585(d))

UD-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (name, state bar number, and address): FOR COURT USE ONLY

TELEPHONE NO.: FAX NO. (optional):

EMAIL ADDRESS:

ATTORNEY FOR (name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PLAINTIFF:

DEFENDANT:

JUDGMENT—UNLAWFUL DETAINER CASE NUMBER:
By Clerk By Default After Court Trial
By Court Possession Only Defendant Did Not
Appear at Trial

JUDGMENT

1. BY DEFAULT

   a. Defendant was properly served with a copy of the summons and complaint. b. Defendant failed to answer the complaint or appear and defend the action within the time allowed by law.

   c. Defendant's default was entered by the clerk upon plaintiff's application. d. Clerk's Judgment (Code Civ. Proc., § 1169). For possession only of the premises described on page 2 (item 4).

   e. Court Judgment (Code Civ. Proc., § 585(b)). The court considered

   (1) plaintiff's testimony and other evidence.

   (2) plaintiff's or others' written declaration and evidence (Code Civ. Proc., § 585(d)).

2. AFTER COURT TRIAL. The jury was waived. The court considered the evidence.

   a. The case was tried on (date and time): before (name of judicial officer):

   b. Appearances by plaintiff (name each): plaintiff's attorney (name each): (1) (2) Continued on Attachment 2b (form MC-025). defendant (name each): defendant 's attorney (name each): (1) (2) 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) was not was requested.

Form Approved for Judicial Council of California Optional Use JUDGMENT—UNLAWFUL DETAINER Code of Civil Procedure,585(d), 664.6,§§ 415.46,1169 UD-110 [Rev. January 1, 2024]

UD-110 PLAINTIFF: CASE NUMBER:

DEFENDANT:

JUDGMENT IS ENTERED AS FOLLOWS BY: THE COURT THE CLERK

3. Parties. Judgment is a. for plaintiff (name each):

   and against defendant (name each):

   Continued on Attachment 3a (form MC-025).

   b. for defendant (name each):

4. The party entitled to possession of the premises located at (street address, apartment, city, and county): is plaintiff named in item 3a defendant named in item 3b defendant listed on attached form UD-110P in item 8b1 (Code Civ. Proc. § 1174.27).

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).

6. Amount and terms of judgment

   a. Defendant named in item 3a above must pay plaintiff on the b. Plaintiff is to receive nothing from defendant complaint named in item 3b. Defendant named in item 3b is to recover (1) Past-due rent $ costs: $ (2) Holdover damages $ and attorney fees: $ (3) Attorney fees $ (4) Costs $ (5) Other (specify): $ (6) TOTAL JUDGMENT $

   c. The rental agreement is canceled. The lease is forfeited.

7. Conditional judgment. Plaintiff has breached the agreement to provide habitable premises to defendant as stated in Judgment—Unlawful Detainer Habitable Premises Attachment (form UD-110H), which is attached.

8. Judgment for partial eviction. A partial eviction is issued as stated in Judgment—Unlawful Detainer Partial Eviction Attachment (form UD-110P), which is attached.

9. Other (specify):

   Continued on Attachment 9 (form MC-025).

Date: JUDICIAL OFFICER

Date: Clerk, by ________________________________________ , Deputy

(SEAL) CLERK'S CERTIFICATE (Optional) I certify that this is a true copy of the original judgment on file in the court.

Date:

Clerk, by ________________________________ , Deputy

UD-110 [Rev. January 1, 2024] JUDGMENT—UNLAWFUL DETAINER Page 2 of 2

For your protection and privacy, please press the Clear This Form button after you have printed the form. Print this form Save this form Clear this form

L-1051 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name):

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 13th St., Westminster, CA 92683-4593 CASE NUMBER: PLAINTIFF:

DEFENDANT:

Unlimited civil actions only. Case assigned to:
APPLICATION FOR WRIT OF POSSESSION Judge:
Department:
UNLAWFUL DETAINER 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)

Approved for Optional Use APPLICATION FOR WRIT OF POSSESSION Code of Civil Procedure, L-1051 (Rev. July 1, 2013) §§ 712.010, 715.010, 415.46 UNLAWFUL DETAINER

EJ-130 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO.: FOR COURT USE ONLY NAME:

FIRM NAME:

STREET ADDRESS:

CITY: STATE: ZIP CODE:

TELEPHONE NO.: FAX NO.:

EMAIL ADDRESS:

ATTORNEY FOR (name):

ATTORNEY FOR ORIGINAL JUDGMENT CREDITOR ASSIGNEE OF RECORD

SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PLAINTIFF/PETITIONER: CASE NUMBER:

DEFENDANT/RESPONDENT:

EXECUTION (Money Judgment) Limited Civil Case
(including Small Claims)

WRIT OF POSSESSION OF Personal Property Unlimited Civil Case SALE Real Property (including Family and Probate)

1. To the Sheriff or Marshal of the County of: You are directed to enforce the judgment described below with daily interest and your costs as provided by law.

2. To any registered process server: You are authorized to serve this writ only in accordance with Code of Civil Procedure section 699.080 or 715.040.

3. (Name): is the original judgment creditor assignee of record whose address is shown on this form above the court¶s name.

4. Judgment debtor (name, type of legal entity if not a natural person, and last known address):

   The judgment debtor has additional names that are identified on an affidavit of identity (Code Civ. Proc., § 680.135).

   Check here if there is more than one judgment debtor. List the additional judgment debtors and their last known addresses on an attached sheet of paper labeled "Attachment 4."

5. Judgment was entered on (date): (The type of judgment is stated in item 21.)

6. The judgment has been renewed. (Complete items 6a and 6b.)

   a. The judgment was renewed on (dates):

   b. The most recent renewal extended the period of enforceability of the judgment for (check one): (1) 5 years. (2) 10 years.

7. A joint debtor was declared bound by the judgment under Code of Civil Procedure sections 989 to 994. (If item 7 is checked, give information about the joint debtor in item 22.)

   NOTICE TO PERSON SERVED: SEE PAGE 4 FOR IMPORTANT INFORMATION.

Judicial Council of California, courts.ca.gov Writ of Execution EJ-130, Page 1 of 4Rev. July 1, 2026, Optional Form Code Civ. Proc., §§ 699.520, 712.010, 715.010; Gov. Code, § 6103.5

EJ-130 Plaintiff/Petitioner: CASE NUMBER: Defendant/Respondent:

8. Notice of sale under this writ: a. has not been requested. b. has been requested by (name and address):

9. This writ is a Writ of Possession or a Writ of Sale. (If item 9 is checked, give information about the writ of possession or writ of sale in item 23.)

10. This writ is issued on a sister-state judgment.

Note for items 11±17: For more information on the amount recoverable by a judgment creditor, claiming costs after judgment, and calculating accrued interest, read Information Sheet for Calculating Interest and Amount Owed on a Judgment (form MC-013-INFO).

11. Total amount of the judgment $ (If the judgment has been renewed, state the amount of the most recent renewal. Otherwise, state the amount at the time the judgment was entered.)

12. Costs after judgment (Code Civ. Proc., §§ 685.040±685.090) $

13. Subtotal (add items 11 and 12) $

14. Credits to principal (payments apply to interest first, per Code of Civil Procedure section 695.220) $

15. Principal remaining due (subtract item 14 from item 13) $

16. Accrued interest remaining due after applying any payments $ (Read form MC-013-INFO for information on calculating accrued interest. Interest cannot be charged on fees included in the judgment under Government Code section 6103.5.)

17. Fee for issuance of writ (Gov. Code, § 70626(a)(l)) $

18. TotaI amount due (add items 15, 16, and 17) $

19. Levying officer: a. Add daily interest from the date of the writ in the following amount (Read form MC-013-INFO for information on the legal daily rates of interest. Interest cannot be charged on fees included in the judgment under Government Code section 6103.5.) $

    b. Pay the following amount directly to court costs included in items 11 and 17 (Gov. Code, §§ 6103.5, 68637; Code Civ. Proc., § 699.520(j).) $

20. The amounts called for in items 11±19 are different for each debtor. (If item 20 is checked, attach a page labeled "Attachment 20" and write the amounts for each debtor. Label each amount with the applicable item number.)

[SEAL]

Date: Clerk, by , Deputy

Rev. July 1, 2026 Writ of Execution EJ-130, Page 2 of 4

EJ-130 Plaintiff/Petitioner: CASE NUMBER: Defendant/Respondent:

21. The judgment is for (check one): a. wages owed.

    b. child support or spousal support. c. personal debt, as defined in Code of Civil Procedure section 683.110(d). (If this box is checked, the judgment creditor must complete Declaration of Address Verification (form WG-015/EJ-135) before asking the sheriff to enforce this writ.)

    d. other (describe):

22. A joint debtor was declared bound by the judgment under Code of Civil Procedure sections 989 through 994.

a. The joint debtor is (specify the name, type of legal entity if not a natural person, and last known address of joint debtor):

b. The joint debtor was declared bound by the judgment on (date):

Check here if you need more space to identify joint debtors or itemize costs against joint debtors. List the additional joint debtors or itemized costs on an attached sheet of paper labeled "Attachment 22."

23. This writ is a Writ of Possession or Writ of Sale. Judgment was entered for the following:

a. Possession of real property: The complaint was filed on (date):

(1) The Prejudgment Claim of Right to Possession (form CP10.5) (check one):

(a) was served in compliance with Code of Civil Procedure section 415.46. The judgment includes all tenants,
subtenants, named claimants, and other occupants of the premises.

(b) was NOT served in compliance with Code of Civil Procedure section 415.46.

(2) 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 Code Civ. Proc.,
§§ 415.46 & 1174.3(a)(2).)

(3) (You must complete this item if you checked 23a(1)(b) or 23a(2)):

(a) The daily rental value on the date the complaint was filed was $
(b) The court will hear objections to enforcement of the judgment under Code of Civil Procedure section 1174.3 on the
following dates (specify):

b. Possession of personal property.
If delivery cannot be had, then for the value (itemize in item 23e) specified in the judgment or supplemental order.

c. Sale of personal property.

d. Sale of real property.

e. The property is described below on Attachment 23e.

Rev. July 1, 2026 Writ of Execution EJ-130, Page 3 of 4

EJ-130 Plaintiff/Petitioner: CASE NUMBER: 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 Code of Civil Procedure section 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 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 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.

JUDGMENTS FOR PERSONAL DEBT. If you are the judgment debtor identified in item 4 on this form, and if item 21 on this form says the judgment is for personal debt, the judgment creditor is required to verify your address before asking the levying officer to enforce this Writ of Execution. The judgment creditor must give the levying officer a completed copy of Declaration of Address Verification (form WG-015/EJ-135) and must file completed form WG-015/EJ-135 with the court within 10 business days of giving a copy of the form to the levying officer. If the judgment creditor doesn't take these steps, you can ask the court to stay any wage garnishment order, bank account levy, or other levy related to this Writ of Execution. You can use Application for Stay of Levy or Garnishment (form WG-017/EJ-137) to ask the court to stay the levy or garnishment until the address verification has been completed.

Rev. July 1, 2026 Writ of Execution EJ-130, Page 4 of 4

SER-001 Request for Sheriff to Serve Court Papers

CONFIDENTIAL Instructions: Each county in California has a sheriff (and sometimes a

marshal’s office) that can serve different types of court papers, including To Court Clerk: Do not file this form. restraining orders. Note that the sheriff cannot guarantee that they will be successful in finding the person you need served, but they will try to serve based on the information you put on this form. Sheriff File Number (for sheriff to complete, if needed): Complete this form for each set of papers you need served. You must complete a separate form for each person you need served.

Find out where the person you need served is located. Give your papers to Fill in case number: the sheriff or marshal’s office in that county. Court Case Number:

You may have to pay for service of some court papers. For more information, see page 5 of this form, or go to https://selfhelp.courts.ca.gov/ sheriff-serves.

Do not use this form if you are asking the sheriff to enforce a wage garnishment order on an employer. Instead, use forms WG-001, Application for Earnings Withholding Order, and WG-035, Confidential Statement of Judgment Debtor’s Social Security Number.

If you want the sheriff to enforce a writ or levy, complete this form and form

SER-001A, Special Instructions for Writs and Levies—Attachment.

All information is required unless it is listed as optional or does not apply to your case.

1 To the Sheriff or Marshal of (name of county):

2 Your Information a. Your name (party requesting service):

b. Your lawyer’s information (if you have one)
Name:
Firm name:

c. Court case name:
(example: Garcia v. Smith)

d. Contact information for the sheriff or marshal to reach you
(Give an address where you can receive mail regularly, like a post office box, a Safe at Home address, or
another safe address. If you have a lawyer, give the lawyer’s information.)
Address to receive mail:
City: State: Zip:
Telephone number (optional): Email address (optional):

CONFIDENTIAL
This is not a court form. Do not file with the court.

Judicial Council of California, www.courts.ca.gov New January 1, 2024, Mandatory Form Request for Sheriff to Serve Court Papers SER-001, Page 1 of 5 Government Code, §§ 7927.430, 26666, 26666.5, 26666.10

Court Case Number:

3 Information About Person or Entity You Want Served (Check a or b)

a. I ask the sheriff to serve a person (complete section below)
(1) Name of person:
Nicknames or aliases (optional):

(2) Telephone number (optional):

(3) Can you describe the person?
No, I do not have any information about the person’s description.
Yes (complete the section below with any information you have):
Gender: Male Female Nonbinary
Height: Weight: Hair color: Eye color:
Date of birth or age (give estimate, if unknown):
Race/Ethnicity:
Special marks or features (tattoos, scars, etc.):
Vehicle (type, model, year, color, plate number):
Check here if you are including a picture of the person.

(4) Do you know of any safety or accessibility issues?
No
Yes (complete the section below with any information you have):
The person (check all that apply):
Has a gun or other weapon. Is on probation or parole.
Has a history of violence or abuse. Has an aggressive animal.
Has special training (examples: military, first responder). Has mental health issues.
Is deaf or hard of hearing.
Does not speak English (list language):
Add any other information about safety or accessibility that you know about:

b. I ask the sheriff to serve an entity (examples: business or government agency)
(1) Name and type of entity:
Telephone number (optional):

(2) If there is a specific person who should be served, give name:

(3) If there is an agent for service of process, give name:

(4) List any safety or accessibility issues (examples: weapons, aggressive animals, language barrier):

CONFIDENTIAL
This is not a court form. Do not file with the court.

New January 1, 2024 Request for Sheriff to Serve Court Papers SER-001, Page 2 of 5

Court Case Number:

4 Address Where Person or Entity Should Be Served (The sheriff typically serves during normal business hours. Check with the sheriff’s office for the exact times.)

Address: Home Business
City: State: Zip:
Gate code or special instructions:
Best time to serve at this address (example: 8 a.m.–noon):
Check here if the person is in jail or prison (give name of facility):

Alternate address (optional)
(If the person cannot be found at the address listed above, some sheriffs may try a second address if it’s in the
same county. If you have a second address for the person you want served, complete the section below.)

Address: Home Business
City: State: Zip:
Gate code or special instructions:
Best time to serve at this address (example: 8 a.m.–noon):

5 Information About Your Request

a. What type of court papers are you giving the sheriff to serve (examples: summons, restraining order, eviction, small claims, bank levy, or writ of attachment)?

b. List all forms or court papers you want served on the person in 3 a. (optional). (Note: You can list each form by its form number (example: FL-100, SC-100). If there is no form number, give the title of the document. The court may have ordered you to serve certain papers. Look at the court’s order and list all forms required. If you do not know which papers you need to serve, ask a lawyer, or contact your local self-help center for free information.)

c. Is there a court hearing (court date)? I don’t know No Yes (if yes, give date of hearing):

CONFIDENTIAL

This is not a court form. Do not file with the court.

New January 1, 2024 Request for Sheriff to Serve Court Papers SER-001, Page 3 of 5

Court Case Number:

5 d. Is there a deadline for service? I don’t know No Yes (if yes, give deadline):

e. Has the court allowed you to serve your court papers in another way besides personal service (example: substituted service)? I don’t know No Yes (if yes, include a copy of the order allowing another type of service)

f. Is there any other information you want or need to give to the sheriff to serve your court papers? No Yes (if yes, give information below):

6 Enforcement of Writ or Levy

If you want the sheriff to enforce a writ or levy, you must complete form SER-001A, Special Instructions for Writs and Levies—Attachment, and turn it in with this form.

(Only complete this section if you want the sheriff to enforce a writ or levy.) Do you want the sheriff to both serve your court papers and act as levying officer? Yes No. I only want the sheriff to act as levying officer. A registered process server has or will serve my papers.

Your Signature (party asking for service, or their lawyer)

Date:

Type or print your name Sign your name (may be electronic)

CONFIDENTIAL
This is not a court form. Do not file with the court.

New January 1, 2024 Request for Sheriff to Serve Court Papers SER-001, Page 4 of 5

Court Case Number:

Your Next Steps

Find out if you need to pay a fee for service by asking the court’s self-help center, a lawyer, or the sheriff’s office. Here are some situations where you do not need to pay for service: If you have a fee waiver in your case (fee waiver granted by a judge on form FW-003 or FW-005). If you are serving a domestic violence, elder abuse, or gun violence restraining order. If you have a civil harassment, workplace violence, or school violence restraining order based on a credible threat of violence or stalking.

Give this form and a copy of all the court papers you need served to the sheriff or marshal, including a copy of a fee waiver (if you have one). If you do not have to pay a fee to the sheriff, you can send your papers electronically. If you have to pay a fee, contact the sheriff to find out your options for turning in your request. Note that you can always turn in your request in person.

You should get a form back from the sheriff. If the sheriff was able to serve your court papers, you should receive a form (called a proof of service). Make sure you get a copy from the sheriff and file it with the court. Note that if there is a court stamp at the top right corner of the first page, it has already been filed and you do not need to file it with the court. If the sheriff was unable to serve your court papers, you should receive a form (sometimes called declaration of due diligence) that tells you that service was unsuccessful and will give details about when the sheriff tried to serve the person. If the sheriff was unable to serve your papers, you can ask a lawyer or court’s self-help center about your next steps.

To find your local court self-help center, go to www.courts.ca.gov/selfhelp. Self-help center staff will not act as your lawyer but may be able to give you information to help you decide what to do in your case. Services are free.

To Sheriff or Marshal

This form is confidential and must not be made public.

Any papers submitted with this form should be served and listed on the applicable proof of service form.

Note that 5 b is optional and may help to identify documents that should have been submitted but were not received by your office.

Under Government Code section 26666.2, once you’ve received a completed copy of this form and forms for service, you must attempt service unless: Any order submitted does not have a judge’s signature or other representation of a judge’s signature; clerk’s endorsement; or court stamp, seal, or other court endorsement; or

A court case number is not listed on the order, summons, or other notice.

CONFIDENTIAL

This is not a court form. Do not file with the court.

New January 1, 2024 Request for Sheriff to Serve Court Papers SER-001, Page 5 of 5

For your protection and privacy, please press the Clear This Form button after you have printed the form. Print this form Save this form Clear this form

SER-001 Request for Sheriff to Serve Court Papers Instructions: Each county in California has a sheriff (and sometimes a CONFIDENTIAL marshal’s office) that can serve different types of court papers, including To Court Clerk: Do not file this form. restraining orders. Note that the sheriff cannot guarantee that they will be successful in finding the person you need served, but they will try to serve based on the information you put on this form. Sheriff File Number (for sheriff to complete, if needed): Complete this form for each set of papers you need served. You must complete a separate form for each person you need served. Find out where the person you need served is located. Give your papers to Fill in case number: the sheriff or marshal’s office in that county. Court Case Number: You may have to pay for service of some court papers. For more information, see page 5 of this form, or go to https://selfhelp.courts.ca.gov/ sheriff-serves. Do not use this form if you are asking the sheriff to enforce a wage garnishment order on an employer. Instead, use forms WG-001, Application for Earnings Withholding Order, and WG-035, Confidential Statement of Judgment Debtor’s Social Security Number. If you want the sheriff to enforce a writ or levy, complete this form and form SER-001A, Special Instructions for Writs and Levies—Attachment.

All information is required unless it is listed as optional or does not apply to your case.

1 To the Sheriff or Marshal of (name of county):

2 Your Information a. Your name (party requesting service):

b. Your lawyer’s information (if you have one)
Name:
Firm name:

c. Court case name:
(example: Garcia v. Smith)

d. Contact information for the sheriff or marshal to reach you
(Give an address where you can receive mail regularly, like a post office box, a Safe at Home address, or
another safe address. If you have a lawyer, give the lawyer’s information.)
Address to receive mail:
City: State: Zip:
Telephone number (optional): Email address (optional):
CONFIDENTIAL
This is not a court form. Do not file with the court.

Judicial Council of California, www.courts.ca.gov Page 1 of 5New January 1, 2024, Mandatory Form Request for Sheriff to Serve Court Papers SER-001, Government Code, §§ 7927.430, 26666, 26666.5, 26666.10

Court Case Number:

3 Information About Person or Entity You Want Served (Check a or b)

a. I ask the sheriff to serve a person (complete section below)
(1) Name of person:
Nicknames or aliases (optional):

(2) Telephone number (optional):

(3) Can you describe the person?
No, I do not have any information about the person’s description.
Yes (complete the section below with any information you have):
Gender: Male Female Nonbinary
Height: Weight: Hair color: Eye color:
Date of birth or age (give estimate, if unknown):
Race/Ethnicity:
Special marks or features (tattoos, scars, etc.):
Vehicle (type, model, year, color, plate number):
Check here if you are including a picture of the person.

(4) Do you know of any safety or accessibility issues?
No
Yes (complete the section below with any information you have):
The person (check all that apply):
Has a gun or other weapon. Is on probation or parole.
Has a history of violence or abuse. Has an aggressive animal.
Has special training (examples: military, first responder). Has mental health issues.
Is deaf or hard of hearing.
Does not speak English (list language):
Add any other information about safety or accessibility that you know about:

b. I ask the sheriff to serve an entity (examples: business or government agency)
(1) Name and type of entity:
Telephone number (optional):
(2) If there is a specific person who should be served, give name:

(3) If there is an agent for service of process, give name:

(4) List any safety or accessibility issues (examples: weapons, aggressive animals, language barrier):

CONFIDENTIAL
This is not a court form. Do not file with the court.

New January 1, 2024 Request for Sheriff to Serve Court Papers SER-001, Page 2 of 5

Court Case Number:

4 Address Where Person or Entity Should Be Served (The sheriff typically serves during normal business hours. Check with the sheriff’s office for the exact times.) Address: Home Business City: State: Zip: Gate code or special instructions: Best time to serve at this address (example: 8 a.m.–noon): Check here if the person is in jail or prison (give name of facility):

Alternate address (optional)
(If the person cannot be found at the address listed above, some sheriffs may try a second address if it’s in the
same county. If you have a second address for the person you want served, complete the section below.)
Address: Home Business
City: State: Zip:
Gate code or special instructions:
Best time to serve at this address (example: 8 a.m.–noon):

5 Information About Your Request

a. What type of court papers are you giving the sheriff to serve (examples: summons, restraining order, eviction, small claims, bank levy, or writ of attachment)?

b. List all forms or court papers you want served on the person in 3 a. (optional). (Note: You can list each form by its form number (example: FL-100, SC-100). If there is no form number, give the title of the document. The court may have ordered you to serve certain papers. Look at the court’s order and list all forms required. If you do not know which papers you need to serve, ask a lawyer, or contact your local self-help center for free information.)

c. Is there a court hearing (court date)? I don’t know No Yes (if yes, give date of hearing):

CONFIDENTIAL

This is not a court form. Do not file with the court.

New January 1, 2024 Request for Sheriff to Serve Court Papers SER-001, Page 3 of 5

Court Case Number:

5 d. Is there a deadline for service? I don’t know No Yes (if yes, give deadline):

e. Has the court allowed you to serve your court papers in another way besides personal service (example: substituted service)? I don’t know No Yes (if yes, include a copy of the order allowing another type of service)

f. Is there any other information you want or need to give to the sheriff to serve your court papers? No Yes (if yes, give information below):

6 Enforcement of Writ or Levy If you want the sheriff to enforce a writ or levy, you must complete form SER-001A, Special Instructions for Writs and Levies—Attachment, and turn it in with this form. (Only complete this section if you want the sheriff to enforce a writ or levy.) Do you want the sheriff to both serve your court papers and act as levying officer? Yes No. I only want the sheriff to act as levying officer. A registered process server has or will serve my papers.

Your Signature (party asking for service, or their lawyer) Date:

Type or print your name Sign your name (may be electronic)

CONFIDENTIAL
This is not a court form. Do not file with the court.

New January 1, 2024 Request for Sheriff to Serve Court Papers SER-001, Page 4 of 5

Court Case Number:

Your Next Steps
Find out if you need to pay a fee for service by asking the court’s self-help center, a lawyer, or the sheriff’s office.
Here are some situations where you do not need to pay for service:
If you have a fee waiver in your case (fee waiver granted by a judge on form FW-003 or FW-005).
If you are serving a domestic violence, elder abuse, or gun violence restraining order.
If you have a civil harassment, workplace violence, or school violence restraining order based on a credible threat of
violence or stalking.

Give this form and a copy of all the court papers you need served to the sheriff or marshal, including a copy of a fee
waiver (if you have one). If you do not have to pay a fee to the sheriff, you can send your papers electronically. If you
have to pay a fee, contact the sheriff to find out your options for turning in your request. Note that you can always turn
in your request in person.

You should get a form back from the sheriff.
If the sheriff was able to serve your court papers, you should receive a form (called a proof of service). Make sure
you get a copy from the sheriff and file it with the court. Note that if there is a court stamp at the top right corner
of the first page, it has already been filed and you do not need to file it with the court.
If the sheriff was unable to serve your court papers, you should receive a form (sometimes called declaration of due
diligence) that tells you that service was unsuccessful and will give details about when the sheriff tried to serve the
person. If the sheriff was unable to serve your papers, you can ask a lawyer or court’s self-help center about your
next steps.

To find your local court self-help center, go to https://selfhelp.courts.ca.gov/. Self-help center staff will not act as your
lawyer but may be able to give you information to help you decide what to do in your case. Services are free.

To Sheriff or Marshal
This form is confidential and must not be made public.

Any papers submitted with this form should be served and listed on the applicable proof of service form.

Note that 5 b is optional and may help to identify documents that should have been submitted but were not
received by your office.

Under Government Code section 26666.2, once you’ve received a completed copy of this form and forms for
service, you must attempt service unless:
Any order submitted does not have a judge’s signature or other representation of a judge’s signature; clerk’s
endorsement; or court stamp, seal, or other court endorsement; or
A court case number is not listed on the order, summons, or other notice.

CONFIDENTIAL
This is not a court form. Do not file with the court.
New January 1, 2024 Request for Sheriff to Serve Court Papers SER-001, Page 5 of 5

For your protection and privacy, please press the Clear ThisClearSavePrintFormthisthisthisbuttonformformformafter you have printed the form.

Special Instructions for CONFIDENTIAL SER-001A Writs and Levies—Attachment Sheriff File Number (for sheriff to complete, if needed): Instructions Generally, you will not need to complete this form if you are asking the sheriff to serve a complaint (unless with a writ of attachment) or a restraining order. Fill in case number: Complete this form if you want the sheriff or marshal to enforce a writ. You Court Case Number: must complete this form and form SER-001, Request for Sheriff to Serve Court Paper, and turn both forms in to the sheriff or marshal.

You must include any writ and related order you want the sheriff to enforce.

This form is attached to form SER-001, Request for Sheriff to Serve Court Papers.

All information is required unless it is listed as optional or does not apply to your case. For more information about what may be required in your case, go to https://selfhelp.courts.ca.gov/sheriff-serves.

1 Additional Information About You (Person Requesting Service) Are you a judgment creditor (person awarded money or property by the court)? Yes No (complete the section below): (a) What is your role in the case?:

(b) Is there a judgment creditor in your case? No Yes (list the names of all judgment creditors):

2 Additional Information About Person or Entity You Want Served The person or entity you want served (listed in item 3 of form SER-001): (check one)

Owes you money in this case (judgment debtor). Is not a party in this case but has the property. Is a person who lives on the property. Other (explain):

CONFIDENTIAL

This is not a court form. Do not file with the court.

Judicial Council of California, www.courts.ca.gov New January 1, 2024, Mandatory Form Special Instructions for Writs and SER-001A, Page 1 of 3 Government Code, §§ 7927.430, 26666, 26666.5, Levies—Attachment26666.10

Court Case Number:

3 Information About the Writ and Judgment

a. Date writ was issued:

b. The writ included with this request is (check one): An original writ. A copy of the original writ issued by the court as an electronic record and has not already been given to the levying officer (sheriff or marshal). A copy of the original writ that has already been given to the levying officer (sheriff or marshal).

c. Has a judgment been issued by the court? No Yes (complete section below): (1) Date judgment was issued: (2) If it is a money judgment, give amount: (3) List all judgment debtors (people who owe money) if there are any in this case: If the judgment debtor is not a person, also include the type of organization (example: corporation).

4 Information About the Property to Levy a. Describe the property in as much detail as possible. For example: For bank accounts, give account number (if known). For personal property, describe property and give the address where property is located. For vehicles, give license plate number and address where vehicle is located. For evictions, give address, and any information needed to access the property. For real property (other than evictions), give legal description, address, and assessor’s parcel number. If requester is not the person receiving the property, give clear instructions on who will receive the property and how.

Check here if you are including a map or other document to describe property.

CONFIDENTIAL

This is not a court form. Do not file with the court.

New January 1, 2024 Special Instructions for Writs and SER-001A, Page 2 of 3 Levies—Attachment

Court Case Number:

4 b. Is the property in the judgment debtor’s name? Yes No (list the names of owners and explain their interest in the property, including any leasehold interest):

(Note: You may also need to have the people listed above served with your court papers. Check the Code of Civil Procedure for service requirements or talk with a lawyer. Your local court self-help center provides help for free and may be able to help you. To find your local self-help center, go to www.selfhelp.courts.ca.gov/ find.)

c. Are you asking the sheriff to levy on property that is a dwelling (a place someone can live in)? No Yes (complete the section below): The dwelling is (check one): Real property (examples: house, condo, other building attached to land) Personal property (examples: house boat, RV)

5 Special Instructions for Sheriff

In some situations, you will have to give detailed instructions on how you want the sheriff to enforce the order. Use
the space below to list any instructions. Some examples of when instructions may be needed include:
• Instructions to serve the summons and complaint with a writ of attachment, if not previously served (see Code of
Civil Procedure section 488.020(c)).
• Instructions that the levying officer must place a keeper in charge of the property (see Code of Civil Procedure
sections 700.070 and 700.080).
• Instructions to seize personal property from a private place (see Code of Civil Procedure section 699.030).

Check here if you need more space to list instructions. Use a separate piece of paper and write “SER-001A,
Special Instructions for Sheriff” at the top. Turn it in with this form.

CONFIDENTIAL
This is not a court form. Do not file with the court.

New January 1, 2024 Special Instructions for Writs and SER-001A, Page 3 of 3 Levies—Attachment For your protection and privacy, please press the Clear This Form button after you have printed the form. Print this form Save this form Clear this form