default packet - california

Landlord - Tenant Assistance Center funded by the Sargent Shriver Civil Counsel Act 1415 Truxtun Avenue, Bakersfield, CA 93301 (Basement)

Mondays through Thursday 8:00 a.m. to 4:00pm, Friday 8:00 a.m. to 12:00 noon [email protected]

DEFAULT PACKET UNLAWFUL DETAINERS

SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN

METROPOLITAN DIVISION

FORMS INCLUDED IN THIS PACKET Judicial Council Form CIV-100 Request for Entry of Default Judicial Council Form UD-110 Judgment

Kern County Local Form Application for Issuance of Writ of Possession and Affidavit of Daily Rental Value

Judicial Council Form EJ-130 Writ of Execution

Rev. 03/19/2021 of 4

Rev. 03/19/2021 of4

Please be advised that court employees may not give legal advice. It is recommended that you seek legal advice or do your own legal research if you are not familiar with this legal process. Additional information is available on the Superior Court's website, www.kern.courts.ca.gov, and the Judicial Council's self-help website, http://www.courts.ca.gov/selfhelp- housing.htm

The Landlord-Tenant Assistance Center (LTAC) located down past the Civil Department near the stairs. LTAC is a Court pilot project between the Kern County Superior Court and Greater Bakersfield Legal Assistance (GBLA), and is funded by the Sargent Shriver Civil Counsel Act (GC§68650). LTAC is designed to assist you in common landlord or tenant issues. In addition, you may seek information at the Kern County Law Library located on the 3rd floor at 1415 Truxtun Avenue, Bakersfield, CA 93301.

KEY TERMS AND DEFINITIONS

WHEN TO FILE A DEFAULT?

COURT FEES

HOW CAN I GET THE FORMS OR MORE HELP AND INFORMATION?

STEP 1 of 6: COMPLETE THE FORMS (see samples and instructions for

AMOUNT FOR: PAYABLE TO:

*If you filed and were granted a Fee Waiver; the fees above will NOT be charged.

FORMS MORE INFO MORE HELP Attached to this packet. By stopping by LTAC and picking them up in the hallway. Online at the state's website, www.courts.ca.gov. Click on forms. They are PDF fillable forms. Online at the Court's website, www.kern.courts.ca.gov. Click on

More information is available: CA Judicial Branch: http://www.courts.ca.

If the process proves to be too difficult or time consuming, you can do any of the following: Hire an attorney to represent you and/or fill out your forms. Hire an Unlawful Detainer Assistant (UDA) to fill out your forms. *UDAs cannot give legal advice nor represent you in courl.

gov/selfhelp- eviction.htm.

CA Department of Consumer Affairs: http://www.dca.ca.go Civil, then Unlawful Detainers. Here

you can find the forms and our samoles. They are not fillable forms.

v/publications/legal g uides/index.shtml.

more information)

TERMS DEFINITIONS Default Failure of a party to respond to a lawsuit.

Judgment The official decision of the Court stating which party won and the terms of the decision.

Writ A Court order authorizing the Sheriff to enforce and satisfy the Judgment by levving on real or personal property.

HOW WAS THE SUMMONS AND

COMPLAINT SERVED? DEFENDANT UNNAMED

OCCUPANTS

Personallv served 5 business days N/A Substitute Service 5 business davs plus 10

calendar days N/A

Posted and Mailed (must be approved by the Court first) 15 days 15 days

RULES ON COUNTING

1. Begin counting the day after the party was served. 2. Do not count Saturday, Sunday or Court holidays. 3. If the last day falls on the weekend or holiday, the

deadline is extended to the next Court business day. THE DAYS ABOVE:

FORMS ACTIONS Request for Entry of Default- CIV-100

• Complete and sign both sides. • Serve a copy to each party being

defaulted. Judgment - UD-110 • Complete both sides. Application for Issuance of Writ of Possession and Affidavit of Daily Rental Value • Complete and sign Writ of Execution - EJ-130 • Complete all pages.

http://www.kern.courts.ca.gov/

http://www.courts.ca.gov/selfhelp

http://www.courts.ca.gov/

http://www.kern.courts.ca.gov/

http://www.courts.ca/

http://www.dca.ca.go/

Rev. 03/19/2021 of4

STEP 2 of 6: MAKE COPIES

STEP 3 of 6: SERVE A COPY OF THE REQUEST FOR ENTRY OF DEFAULT

STEP4of6: FILE YOUR FORMS

STEP 5 OF 6: FOLLOW UP

SHERIFF FEES STEP 6 OF 6: REQUEST FOR SHERIFF TO RESTORE POSSESSION

*If you filed and were granted a Fee Waiver; the fees above will NOT be charged. Present them a copy of your Fee Waiver Order.

How to submit the Sheriff's Instructions with the Writ of Execution: • Once the Writ of Execution has been processed by the Clerk. Take the original plus 3

copies to the Sheriff's Office Civil Division with the Request to Restore Possession (Add 1 more copy to each additional Defendant).

• The Sheriff will post a Notice to Vacate on the premises stating that they will return on a specific day to assure that the said premises is vacated.

• The Sheriff will notify you by mail on the date and time of the lockout. At that time you or your assigned agent must be present to change the locks.

YOU MUST BE PRESENT DURING THE PHYSICAL EVICTION. DO NOT BE LATE. THE SHERIFF WILL LEAVE AND YOU WILL HAVE TO RESCHEDULE AND PAY ANOTHER SHERIFF'S FEE.

The Sheriff will handle the details of the physical eviction, but you are to be there to take possession of your property. Please follow the Sheriff's instructions completely. ONCE THE TENANT/SHAVE BEEN REMOVED FROM THE PREMISES, THERE IS NO LEGAL REASON FOR YOU TO ALLOW THEM TO RETURN.

In approximately ten (10) days the Sheriff will notify the court that the physical eviction has been completed by returning the original Writ of Possession to the court. You may then proceed with the money judgment if you wish.

••

You are not done yet. The Court has to accept your forms. If it was taken in for processing, you must follow up with the Civil Clerk's office in 3-5 business days to make sure it was accepted.

Mail 1 copy of the Request for Entry of Default to each party being defaulted by regular mail to their last known address. Each copy must be mailed separately to each party.

• Turn in the original plus 1 copy of the Request for Entry of Default, Judgment, Application

for Issuance of Writ of Possession, and the Writ of Executions .

• Make 1 copy of all your documents. • Make additional service copies of the Request for Entry of Default. 1 for each party being

defaulted.

AMOUNT FOR: PAYABLE TO:

$145.00 Request to Restore Possession of the premises (Notice to Vacate}. Kern County Sheriff Office

Rev. 09/16/2020

Landlord – Tenant Assistance Center funded by the Sargent Shriver Civil Counsel Act1415 Truxtun Avenue, Bakersfield, CA 93301 (Basement)

Mondays & Wednesdays 8:30 a.m. to 3:00 p.m., Tuesdays & Thursdays 8:30 a.m. to 4:00 p.m.Closed between 12:00 p.m. and 1:30 p.m.

Fridays Closed all daywww.kern.courts.ca.govday

of 4

KERN COUNTY SHERIFF’S OFFICE Civil Division 5251 Office Park Drive, Building 300 Bakersfield, CA 93309

(661) 635-1300(661) 635-1320 FaxOffice: 9:00 a.m. to 4:00 p.m.Telephone: 8:00 am to 4:00 pmMonday – Friday (except holidays)[email protected]

Mailing address: P. O. Box 70127 Bakersfield, CA 93387

Point A: 1415 Truxtun Avenue, Bakersfield, CA 93301-5215

1. Start goint west on Truxtun Avenue towards Chester AvenueAbout 6 minutes

go 2.3 Miles

total 2.3 miles2. Slight left to stay on Truxtun Avenue go 0.4

milestotal 2.7 miles

3. Turn left onto Commercial WayAbout 54 seconds

go 0.2 miles

total 2.9 miles4. Turn right onto Office Park Drive

Destination will be on the leftgo 371 feettotal 3.0 miles

7. Point B: 5251 Office Park Drive, Building 300 is on the left.

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LEAVE BLANK IF THERE ARE NO AMOUNTS/DATE ON #13 OR #19g OF YOUR COMPLAINT

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CHECK THIS BOX IF THERE ARE OTHER UNNAMED TENANTS THAT WERE SERVED WITH PREJUDGMENT CLAIM OF RIGHT TO POSSESSION

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SAMPLE

UD-110

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

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PLAINTIFF:

DEFENDANT:

CASE NUMBER:

JUDGMENT - UNLAWFUL DETAINER

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)


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.

Page 1 of 2

Form Approved for Optional Use JUDGMENT - UNLAWFUL DETAINER Code of Civil Procedure, §§ 415.46,Judicial Council of California 585(d), 664.6, 1169

UD-110 [New January 1, 2003]

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YOUR NAME AND THE NAMES OF ANY OTHER P LAINTIFF'S FILINGWITH YOUYOUR ADDRESSYOUR CITY, STATE, AND ZIP CODE

YOUR PHONE NUMBER

Plaintiff, In Pro PerKERN

ADDRESS OF THE COURT YOU FILED INSAME

NAME OF PLAINTIFF/S

NAME OF DEFENDANT/S

YOUR FULL CASE NUMBERX X

X

X

X

SAMPLE

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LEAVE ALL OF #2 BLANK

SAMPLEPLAINTIFF: 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. Plaintiff Defendant is entitled to possession of the premises located at (street address, apartment, city, and county):

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 b. Plaintiff is to receive nothing from defendant

the 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 Attachment (form UD-110S), which is attached.

8. Other (specify) :

Continued on Attachment 8 (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 [New January 1, 2003] JUDGMENT - UNLAWFUL DETAINER Page 2 of 2

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NAME OF PLAINTIFF/SYOUR FULL CASE NUMBER

NAME OF DEFENDANT/S

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X NAME OF EACH PLAINTIFF

NAME OF EACH DEFENDANT

X

ADDRESS OF THE SUBJECT PROPERTYCITY ST ZIP CODE COUNTY

X

01 Samples

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LEAVE ALL OF #6a and #6b BLANK

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CHOOSE ONE OPTION. WAS IT A RENTAL AGREEMENT OR A FIXED TERM LEASE? IF UNSURE, CHECK #6a(1) ON PAGE 1 OF YOUR COMPLAINT

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SAMPLE

APPLICATION FOR ISSUANCE OF WRIT OF POSSESSION OF REAL PROPERTY Rev. 02/26/2015 (Unlawful Detainer) CCP§712.010

ATTORNEY OR PARTY WITHOUT ATTORNEY FOR COURT USE ONLY

NAME:

FIRM NAME:

ADDRESS:

CITY:

STATE BAR NO.:

STATE: ZIP CODE:


ATTORNEY FOR (Name):

TELEPHONE NO.:

FAX NO. (Optional):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN

☐ 1415 Truxtun AvenueBakersfield, CA 93301Metropolitan Division

☐Shafter/Wasco Branch325 Central Valley HighwayShafter, CA 93263North Division

☐Delano/McFarland Branch1122 Jefferson StreetDelano, CA 93215North Division

☐ Arvin/Lamont Branch12022 Main StreetLamont, CA 93241South Division

☐Taft/Maricopa Branch311 Lincoln StreetTaft, CA 93268South Division

☐Mojave Branch1773 Highway 58Mojave, CA 93501East Division

☐Ridgecrest Branch132 East Coso AvenueRidgecrest, CA 93555East Division

PLAINTIFF:

DEFENDANT:

APPLICATION FOR ISSUANCE OF WRIT OF POSSESSION OF REAL PROPERTY

(Unlawful Detainer)

CASE NUMBER:

I am the ☐ Plaintiff and Judgment creditor ☐ Plaintiff’s attorney, in the above entitled action. I/we

hereby apply for an issuance of a Writ of Possession of the real property located at:

.

The daily rental value of the property as of the date the Complaint for Unlawful Detainer was filed is:

$ starting . (date)

☐A Prejudgment Claim of Right to Possession was served on the occupant/s pursuant to Code of Civil

Procedure section 415.46. Pursuant to Code of Civil Procedure sections 715.010 and 1174.3, this application for

writ applies to all tenants, subtenants, if any; named claimants, if any; and any 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.

Dated:

Print Name: Signature

PLAINTIFF'S NAME

DEFENDANT'S NAME

CASE #

X

#11 in UD-100 #17 f in UD-100

IN PRO PER

PLAINTIFF'S NAME

PLAINTIFF'S ADDRESS

PLAINTIFF'S NAME PLAINTIFF'S SIGNATURE

TODAY'S DATE

#3 in UD-100

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SAMPLE

EJ-130FOR COURT USE ONLY

ORGINAL JUDGMENT CREDITOR ASSIGNEE OF RECORD


STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PLAINTIFF/PETITIONER:

DEFENDANT/RESPONDENT:

CASE NUMBER:

EXECUTION (Money Judgment)

WRIT OF POSSESSION OF Personal PropertyReal Property

SALE

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 CCP 699.080 or CCP 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 anatural person, and last known address):

9. Writ of Possession/Writ of Sale information on next page.10. This writ is issued on a sister-state judgment.

11. Total judgment (as entered or renewed) $

12. Costs after judgment (CCP 685.090) $

13. Subtotal (add 11 and 12) $

14. Credits to principal (after credit to interest) $

15. Principal remaining due (subtract 14 from 13) $Additional judgment debtors on next page

16. Accrued Interest remaining due per5. Judgment entered on (date): on CCP 685.050(b) (not on GC 6103.5 fees) $

17. Fee for issuance of writ (per GC 70626(a)(l)) $6. Judgment renewed on (dates):

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

19. Levying officer:7. Notice of sale under this writ:

a. Add daily interest from date of writ (atthe legal rate on 15) (not onGC 6103.5 fees)

a. has not been requested.b. has been requested (see next page).

................................................ $8. Joint debtor information on next page. b. Pay directly to court costs included in

11 and 17 (GC 6103.5, 68637;CCP 699.520(j))

[SEAL]................................................... $

20. The amounts called for in items 11-19 are different for eachdebtor. These amounts are stated for each debtor onAttachment 20.


NOTICE TO PERSON SERVED: SEE PAGE 3 FOR IMPORTANT INFORMATION.Page 1 of 3

Form Approved for Optional Use WRIT OF EXECUTION Code of Civil Procedure, §§ 699.520, 712.010, 715.010Judicial Council of California Government Code, § 6103.5EJ-130 [Rev. September 1, 2020] www.courts.ca.gov

Limited Civil Case(including Small Claims)Unlimited Civil Case(including Family and Probate)

ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO.:

NAME:

FIRM NAME:

STREET ADDRESS:

CITY: STATE: ZIP CODE:

TELEPHONE NO.: FAX NO.:

EMAIL ADDRESS:

ATTORNEY FOR (name):

For items 11–17, see form MC-012 and form MC-013-INFO.

ATTORNEY FOR:

(See type of judgment in item 22.)

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YOUR NAME AND THE NAMES OF ANY OTHER PLAINTIFF/SFILING WIHT YOU

YOUR ADDRESSYOUR CITY

YOUR PHONE NUMBER

PLAINTIFF, IN PRO PERX

ADDRESS OF THE COURT YOU FILED IN

NAME OF PLAINTIFF/SNAME OF DEFENDANT/S YOUR FULL CASE NUMBER

X

XX

KERN

NAME OF PLAINTIFF/SX

X

NAME OF DEFENDANT/S 0.00ADDRESS OF FIRST DEFENDANT

0.00

0.00

0.00

X

IN PRO PER

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CHECK ONLY IF THERE ARE ADDITIONAL DEFENDANTS YOU ARE LISTING

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LEAVE #11-#20 BLANK

SAMPLE

21. Additional judgment debtor(s) (name, type of legal entity if not a natural person, and last known address):

23. Notice of sale has been requested by (name and address):

24. Joint debtor was declared bound by the judgment (CCP 989–994)a. on (date): a. on (date):b. name, type of legal entity if not a natural person, and

last known address of joint debtor:b. name, type of legal entity if not a natural person, and

last known address of joint debtor:

c. Additional costs against certain joint debtors are itemized:

25. (Writ of Possession or Writ of Sale) Judgment was entered for the following:a. Possession of real property: The complaint was filed on (date):

(Check (1) or (2). Check (3) if applicable. Complete (4) if (2) or (3) have been checked.)

(1) The Prejudgment Claim of Right to Possession was served in compliance with CCP 415.46. Thejudgment includes all tenants, subtenants, named claimants, and other occupants of the premises.

(2) The Prejudgment Claim of Right to Possession was NOT served in compliance with CCP 415.46.

(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 CCP 1174.3 on the following dates (specify):

EJ-130 [Rev. September 1, 2020] WRIT OF EXECUTION Page 2 of 3

EJ-130CASE NUMBER:

below on Attachment 24c.

(3) The unlawful detainer resulted from a foreclosure sale of a rental housing unit. (An occupant not named in thejudgment may file a Claim of Right to Possession at any time up to and including the time the levying officer returnsto effect eviction, regardless of whether a Prejudgment Claim of Right to Possession was served.) (See CCP415.46 and 1174.3(a)(2).)

(4) If the unlawful detainer resulted from a foreclosure (item 25a(3)), or if the Prejudgment Claim of Right to Possession wasnot served in compliance with CCP 415.46 (item 25a(2)), answer the following:

Plaintiff/Petitioner:Defendant/Respondent:

22. The judgment is for (check one):

a. wages owed.b. child support or spousal support.c. other.

Item 25 continued on next page

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FILL IN ONLY IF THERE IS MORE THAN ONEDEFENDANT

NAME OF SECOND DEFENDANTADDRESS OF SECOND DEFENDANT

NAME OF THIRD DEFENDANTADDRESS OF THIRD DEFENDANT

X

XX

IN PRO PER

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CHECK ONLY IF THERE IS MORE THAN ONE DEFENDANT AND LIST THEM BELOW

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DATE COMPLAINT WAS FILED WITH COURT

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AMOUNT IN #11 ON PAGE 3 OF YOUR COMPLAINT IF APPLICABLE

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CHOOSE ONE, SEE INSTRUCTIONS FOR MORE INFORMATION

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SAMPLE

EJ-130CASE NUMBER:

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 levyingofficer will demand that you turn over the property. If custody is not obtained following demand, the judgment may be enforced as amoney 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 theoccupant or, if service is by posting, within five days after service on you, the levying officer will remove the occupants from the realproperty and place the judgment creditor in possession of the property. Except for a mobile home, personal property remaining on thepremises will be sold or otherwise disposed of in accordance with CCP 1174 unless you or the owner of the property pays thejudgment creditor the reasonable cost of storage and takes possession of the personal property not later than 15 days after the timethe 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 aforeclosure, you have additional time before you must vacate the premises. If you have a lease for a fixed term, such as for a year, youmay 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 remainin the property for 90 days after receiving a notice to quit. A blank form Claim of Right to Possession and Notice of Hearing (formCP10) accompanies this writ. You may claim your right to remain on the property by filling it out and giving it to the sheriff or levyingofficer.

EXCEPTION IF YOU WERE NOT SERVED WITH A FORM CALLED PREJUDGMENT CLAIM OF RIGHT TO POSSESSION. If youwere not named in the judgment for possession and you occupied the premises on the date on which the unlawful detainer case wasfiled, you may object to the enforcement of the judgment against you. You must complete the form Claim of Right to Possession andNotice of Hearing (form CP10) and give it to the sheriff or levying officer. A blank form accompanies this writ. You have this rightwhether or not the property you are renting was sold in a foreclosure.


b. Possession of personal property.

c. Sale of personal property.d. Sale of real property.e. The property is described below on Attachment 25c.

If delivery cannot be had, then for the value (itemize in 25e) specified in the judgment or supplemental order.25.


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XADDRESS OF THE SUBJECT PROPERTY, CITY, STATE, ZIP CODE

FOR EXAMPLE: A guest house located at 1234 Main Street, Bakersfield, CA 93301. Entry to the guest house is through the side door.

IN PRO PER

CIV-100FOR COURT USE ONLY


STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:


REQUEST FOR Entry of Default Clerk's Judgment CASE NUMBER:

(Application) Court Judgment

1. TO THE CLERK: On the complaint or cross-complaint fileda. 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 underCode 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. ThePrejudgment Claim of Right to Possession was served in compliance with Code of Civil Procedure section

(2) under Code of Civil Procedure section 585(a). (Complete the declaration under Code Civ. Proc., § 585.5 on thereverse (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 thereverse (complete item 4).

Date:

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

(1) Default entered as requested on (date):FOR COURT(2) Default NOT entered as requested (state reason):USE ONLY

Clerk, by , Deputy Page 1 of 2

Form Adopted for Mandatory UseREQUEST FOR ENTRY OF DEFAULT

Code of Civil Procedure, §§ 585-587, 1169Judicial Council of California CIV-100[Rev. January 1, 2020]

(Application to Enter Default)www.courts.ca.gov

415.46.

ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO:

NAME:

FIRM NAME:

STREET ADDRESS:



E-MAIL ADDRESS:


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

X

X

XX

POSSESSION ONLY 0.00

0.00 0.00 0.00

Plaintiff/Petitioner: CASE NUMBER:

Defendant/Respondent:

4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant orunlawful detainer assistant did did not for compensation give advice or assistance with this form. If declarant hasreceived 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 actiona. 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 wasa. 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 is true and correct.Date:


8. Declaration of nonmilitary status (required for a judgment). No defendant named in item 1c of the application is in the militaryservice as that term is defined by either the Servicemembers Civil Relief Act, 50 U.S.C. App. § 3911(2), or California Military andVeterans Code sections 400 and 402(f).

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

Date:


CIV-100 [Rev. January 1, 2020]REQUEST FOR ENTRY OF DEFAULT

Page 2 of 2

(Application to Enter Default)

CIV-100

X

XXX

X

UD-110

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

TELEPHONE NO.: FAX NO.(Optional):


ATTORNEY FOR (Name) :


STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PLAINTIFF:

DEFENDANT:

CASE NUMBER:

JUDGMENT - UNLAWFUL DETAINER

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)


Defendant (name each) : Defendant's attorney (name each) :

(1)

(2)


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.

Page 1 of 2

Form Approved for Optional Use JUDGMENT - UNLAWFUL DETAINER Code of Civil Procedure, §§ 415.46,Judicial Council of California 585(d), 664.6, 1169

UD-110 [New January 1, 2003]

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KERN1415 Truxtun AvenueSAMEBakersfield, CA 93301Metropolitan Division

BCL-X X

X

X

X

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. Plaintiff Defendant is entitled to possession of the premises located at (street address, apartment, city, and county):

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 b. Plaintiff is to receive nothing from defendant

the 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 Attachment (form UD-110S), which is attached.

8. Other (specify) :

Continued on Attachment 8 (form MC-025).

Date:JUDICIAL OFFICER


(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 [New January 1, 2003] JUDGMENT - UNLAWFUL DETAINER Page 2 of 2

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X

X

X

X

APPLICATION FOR ISSUANCE OF WRIT OF POSSESSION OF REAL PROPERTY Rev. 02/26/2015 (Unlawful Detainer) CCP§712.010

ATTORNEY OR PARTY WITHOUT ATTORNEY FOR COURT USE ONLY

NAME:

FIRM NAME:

ADDRESS:

CITY:

STATE BAR NO.:

STATE: ZIP CODE:


ATTORNEY FOR (Name):

TELEPHONE NO.:

FAX NO. (Optional):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN

☐ 1415 Truxtun AvenueBakersfield, CA 93301Metropolitan Division

☐Shafter/Wasco Branch325 Central Valley HighwayShafter, CA 93263North Division

☐Delano/McFarland Branch1122 Jefferson StreetDelano, CA 93215North Division

☐ Arvin/Lamont Branch12022 Main StreetLamont, CA 93241South Division

☐Taft/Maricopa Branch311 Lincoln StreetTaft, CA 93268South Division

☐Mojave Branch1773 Highway 58Mojave, CA 93501East Division

☐Ridgecrest Branch132 East Coso AvenueRidgecrest, CA 93555East Division

PLAINTIFF:

DEFENDANT:

APPLICATION FOR ISSUANCE OF WRIT OF POSSESSION OF REAL PROPERTY

(Unlawful Detainer)

CASE NUMBER:

I am the ☐ Plaintiff and Judgment creditor ☐ Plaintiff’s attorney, in the above entitled action. I/we

hereby apply for an issuance of a Writ of Possession of the real property located at:

.

The daily rental value of the property as of the date the Complaint for Unlawful Detainer was filed is:

$ starting . (date)

☐A Prejudgment Claim of Right to Possession was served on the occupant/s pursuant to Code of Civil

Procedure section 415.46. Pursuant to Code of Civil Procedure sections 715.010 and 1174.3, this application for

writ applies to all tenants, subtenants, if any; named claimants, if any; and any 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.

Dated:

Print Name: Signature

X

X

IN PRO PER




STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PLAINTIFF/PETITIONER:

DEFENDANT/RESPONDENT:

CASE NUMBER:



SALE





9. Writ of Possession/Writ of Sale information on next page.10. This writ is issued on a sister-state judgment.





15. Principal remaining due (subtract 14 from 13) $Additional judgment debtors on next page

16. Accrued Interest remaining due per5. Judgment entered on (date): on CCP 685.050(b) (not on GC 6103.5 fees) $

17. Fee for issuance of writ (per GC 70626(a)(l)) $6. Judgment renewed on (dates):

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

19. Levying officer:7. Notice of sale under this writ:

a. Add daily interest from date of writ (atthe legal rate on 15) (not onGC 6103.5 fees)


................................................ $8. Joint debtor information on next page. b. Pay directly to court costs included in

11 and 17 (GC 6103.5, 68637;CCP 699.520(j))

[SEAL]................................................... $




Form Approved for Optional Use WRIT OF EXECUTION Code of Civil Procedure, §§ 699.520, 712.010, 715.010Judicial Council of California Government Code, § 6103.5EJ-130 [Rev. September 1, 2020] www.courts.ca.gov



NAME:

FIRM NAME:

STREET ADDRESS:



EMAIL ADDRESS:


For items 11–17, see form MC-012 and form MC-013-INFO.

ATTORNEY FOR:

(See type of judgment in item 22.)

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IN PRO PER

21. Additional judgment debtor(s) (name, type of legal entity if not a natural person, and last known address):


24. Joint debtor was declared bound by the judgment (CCP 989–994)a. on (date): a. on (date):b. name, type of legal entity if not a natural person, and

last known address of joint debtor:b. name, type of legal entity if not a natural person, and

last known address of joint debtor:




(1) The Prejudgment Claim of Right to Possession was served in compliance with CCP 415.46. Thejudgment includes all tenants, subtenants, named claimants, and other occupants of the premises.




EJ-130CASE NUMBER:

below on Attachment 24c.

(3) The unlawful detainer resulted from a foreclosure sale of a rental housing unit. (An occupant not named in thejudgment may file a Claim of Right to Possession at any time up to and including the time the levying officer returnsto effect eviction, regardless of whether a Prejudgment Claim of Right to Possession was served.) (See CCP415.46 and 1174.3(a)(2).)



22. The judgment is for (check one):

a. wages owed.b. child support or spousal support.c. other.

Item 25 continued on next page

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IN PRO PER

EJ-130CASE NUMBER:








b. Possession of personal property.

c. Sale of personal property.d. Sale of real property.e. The property is described below on Attachment 25c.

If delivery cannot be had, then for the value (itemize in 25e) specified in the judgment or supplemental order.25.


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IN PRO PER




STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

Plaintiff:Defendant:

CASE NUMBER:



SALE





9. See next page for information on real or personal property to bedelivered under a writ of possession or sold under a writ of sale.

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





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

Additional judgment debtors on next page

16. Accrued Interest remaining due per CCP5. Judgment entered on (date): on

685.050(b) (not on GC 6103.5 fees) $

17. Fee for issuance of writ $

6. Judgment renewed on (dates):

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

19. Levying officer:7. Notice of sale under this writ

a. Add daily interest from date of writ (atthe legal rate on 15) (not on GC6103.5 fees)


..................................................... $8. Joint debtor information on next page.b. Pay directly to court costs included in

11 and 17 (GC 6103.5, 68637; CCP699.520(i))

[SEAL]

........................................................ $


Issued on (date): Clerk, by , Deputy


Form Approved for Optional Use WRIT OF EXECUTION Code of Civil Procedure, §§ 699.520, 712.010, 715.010Judicial Council of California Government Code, § 6103.5EJ-130 [Rev. January 1, 2018] www.courts.ca.gov



NAME:

FIRM NAME:

STREET ADDRESS:



E-MAIL ADDRESS:


For Items 11–17, see form MC-012 and form MC-013-INFO

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KERN

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PRO PER

21. Additional judgment debtor (name, type of legal entityif not a natural person, and last known address):


23. Joint debtor was declared bound by the judgment (CCP 989–994)a. on (date): a. on (date):b. name, type of legal entity if not a natural person, and last known address of joint debtor:

b. name, type of legal entity if not a natural person, andlast known address of joint debtor:




(1) The Prejudgment Claim of Right to Possession was served in compliance with CCP 415.46. The judgment includesall tenants, subtenants, named claimants, and other occupants of the premises.



b. Possession of personal property.If delivery cannot be had, then for the value (itemize in 24e) specified in the judgment or supplemental order.

c. Sale of personal property.d. Sale of real property.e. The porperty is described:

EJ-130 [Rev. January 1, 2018] WRIT OF EXECUTION Page 2 of 3

EJ-130Plaintiff: CASE NUMBER:

Defendant:

Below On Attachment 23c

(3) The unlawful detainer resulted from a foreclosure sale of a rental housing unit. (An occupant not named in thejudgment may file a Claim of Right to Possession at any time up to and including the time the levying officer returnsto effect eviction, regardless of whether a Prejudgment Claim of Right to Possession was served.) (See CCP 415.46and 1174.3(a)(2).)


Below On Attachment 24e

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PRO PER

EJ-130Plaintiff: CASE NUMBER:

Defendant:







EJ-130 [Rev. January 1, 2018] WRIT OF EXECUTION Page 3 of 3

PRO PER

default packet - california

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