NOTICE: EVERYONE WHO LIVES IN THIS RENTAL UNIT MAY BE EVICTED BY COURT ORDER. READ THIS FORM IF YOU LIVE HERE AND IF YOUR NAME IS NOT ON THE ATTACHED SUMMONS AND COMPLAINT. 1. If you live here and do not complete and submit this form within 10 days of the date of service shown on this form, you will be evicted without further hearing by the court along with the persons named in the Summons and Complaint. 2. If you file this form, your claim will be determined in the eviction action against the persons named in the Complaint. 3. If you do not file this form, you will be evicted without further hearing. CLAIMANT OR CLAIMANT'S ATTORNEY (Name and Address): TELEPHONE NO: FOR COURT USE ONLY ATTORNEY FOR (Name): NAME OF COURT: STREET ADDRESS: MAILING ADDRESS: CITY STATE AND ZIP CODE: BRANCH NAME: PLAINTIFF: DEFENDANT: PREJUDGMENT CLAIM OF RIGHT TO POSSESSION Complete this form only if ALL of these statements are true: 1. You are NOT named in the accompanying Summons and Complaint. 2. You are occupied the premises on or before the date the unlawful detainer (eviction) Complaint was filed. 3. You still occupy the premises. I DECLARE THE FOLLOWING UNDER PENALTY OF PERJURY: 1. My name is (specify): 2. I reside at (street address, unit No., city and ZIP code): CASE NUMBER: (To be completed by the process server) DATE OF SERVICE: (Date that this form is served or delivered, and posted, and mailed by the officer or process server) 3. The address of "the premise" subject to this claim is(address): 4. On (insert date): ,the landlord or the landlord's authorized agent filed a complaint to recover possession of the premises. (This date is the court filing date on the accompanying Summons and Complaint.) 5. I occupied the premises on the date the complaint was filed (the date in item 4). I have continued to occupy the premises ever since. 6. I was at least 18 years of age on the date the complaint was filed(the date in item 4). 7. I claim a right to possession of the premises because I occupied the premises on the date the complaint was filed (the date in item 4). 8. I was not named in the Summons and Complaint. 9. I understand that if I makethis claim of right to possession, I will be added as a defendant to the unlawful detainer (eviction) action. 10. (Filing fee) I understand that I must go to the court and pay a filing fee of $ or file with the court the form "Application for Waiver of Court Fees and Costs." I understand that if I don't pay the filing fee or file with the court the form for waiver of court fees within 10 days from the date of service on this form (excluding court holidays), I will not be entitled to make a claim of right to possession. (Continued on reverse) CP10.5 [New January 1, 1991] 47 PREJUDGMENT CLAIM OF RIGHT TO POSSESSION Code of Civil Procedure, §§ 415.46, 715.010, 715.020, 1174.25 RC157 2001 © American LegalNet, Inc. PLAINTIFF(Name): DEFENDANT (Name): CASE NUMBER: NOTICE: If you fail to file this claim, you will be evicted without further hearing. 11. (Response required within five days after you file this form) I understand that I will have five days (excluding court holidays) to file a response to the Summons and Complaint after I file this Prejudgment Claim of Right to Possession form. 12. Rental Agreement. I have (check all that apply to you): a. ! an oral rental agreement with the landlord. b. ! a written rental agreement with the landlord. c. ! an oral rental agreement with a person other than the landlord. d. ! a written rental agreement with a person other than a landlord. e. ! other (explain): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. WARNING: Perjury is a felony punishable by imprisonment in the state prison. Date: ....................................................................................................................... (TYPE OR PRINT NAME) (SIGNATURE OF CLAIMANT) NOTICE: If you file this claim of right to possession, the unlawful detainer (eviction) action against you will be determined at trial. At trial, you may be found liable for rent, costs, and, in some cases, treble damages. -NOTICE TO OCCUPANTSYOU MUST ACT AT ONE if all the following are true: 1. You are NOT named in the accompanying Summons and Complaint. 2. You occupied the premises on or before the date the unlawful detainer (eviction) complaint was filed.(The date is the court filing date on the accompanying Summons and Complaint.) 3. You still occupy the premises. (Where to file this form) You can complete and SUBMIT THIS CLAIM FORM WITHIN 10 DAYS from the date ofservice (on the reverse of this form) at the court where the unlawful detainer (eviction) complaint was filed. (What will happen if you do not file this form) If you do not complete and submit this form (and pay a filing fee or file the form for proceeding in forma pauperis if you cannot pay the ), YOU WILL BE EVICTED. After this form is properly filed, you will be added as a defendant in the unlawful detainer (eviction) action and your right to occupy the premises will be decided by the court. If you do not file this claim, you will be evicted withouta hearing. CP10.5 [New January 1, 1991] 47 PREJUDGMENT CLAIM OF RIGHT TO POSSESSION Code of Civil Procedure, §§ 415.46, 715.010, 715.020, 1174.25 RC157 2001 © American LegalNet, Inc.