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CD 180 Declaration for Ex Parte Writ of Possession

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DECLARATION FOR EX PARTE WRIT OF POSSESSION

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

CD-180

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:

DECLARATION FOR EX PARTE WRIT OF POSSESSION

1. A showing that the defendant* gained possession of the property described in the application, which was not entrusted to the defendant, by feloniously taking such property from the plaintiff* by means other than by false or fraudulent representation, pretense, or embezzlement is made in the verified complaint. attached declaration. as follows:

2. A showing that the property described in the application is a credit card is made in the verified complaint attached declaration as follows:

3. A showing that the defendant acquired possession of the property described in the application in the ordinary course of trade or business for commercial purposes, and (a) the property is not necessary for the support of the defendant or the defendant's family; (b) there is an immediate danger that the property will become unavailable to levy by reason of being transferred, concealed or removed from the state, or will become substantially impaired in value by acts of destruction, or by failure to take care of the property in a reasonable manner; and (c) the ex parte issuance of a writ of possession is necessary to protect the property is made in the verified complaint. attached declaration. as follows:

4. The plaintiff has has not filed an undertaking under Code of Civil Procedure section 515.010.

5. Number of pages attached:

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 PLAINTIFF'S NAME)

(PLAINTIFF'S SIGNATURE)

* "Plaintiff" includes cross-complainant, and "defendant" includes cross-defendant.

Form Adopted for Mandatory Use

Judicial Council of California

CD-180 [Rev. January 1, 2006]

DECLARATION FOR EX PARTE WRIT OF POSSESSION

(Claim and Delivery)

Page 1 of 1

Code Civ. Proc., §§ 512.010; 512.020

electronic form © 2005

WWW.LawCA.com

Law Publishers

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What the CD 180 Declaration for Ex Parte Writ of Possession Is

The CD 180 Declaration for Ex Parte Writ of Possession is a sworn written statement filed with a court to request an ex parte writ granting possession of property pending final resolution. It documents facts supporting immediate relief, ties those facts to legal authority, and asks the judge to issue a writ without a full noticed hearing when urgent circumstances justify expedited possession.

Why the CD 180 Declaration Matters for Urgent Possession Requests

Used where immediate possession is required, this declaration focuses the court on time-sensitive facts and legal grounds; it streamlines the record the judge reviews for ex parte relief and supports a limited, temporary writ when full notice would cause irreparable harm.

Why the CD 180 Declaration Matters for Urgent Possession Requests

Who Typically Prepares and Files a CD 180 Declaration

Practitioners and parties use the CD 180 when an urgent factual showing is needed for an ex parte writ of possession.

  • Attorneys representing landlords, lenders, or secured parties seeking immediate possession following a judgment.
  • Judgment creditors or property owners who must restore possession quickly to avoid loss or damage.
  • Court clerks and judicial staff who process ex parte filings and schedule emergency orders.

Essential Information to Include on a CD 180 Declaration

Case Caption: Court name, case number, parties involved.
Declarant Identity: Name, role, contact details, and relationship to case.
Statement of Facts: Concise chronology of events supporting urgency.
Legal Basis: Cited statutes, rules, or judgment authority.
Requested Relief: Precise description of writ and scope requested.
Signature Block: Declarant signature, date, and notarization or verification.

Step-by-Step: Completing a CD 180 Declaration

Follow this concise sequence to prepare a clear, court-ready CD 180 Declaration that emphasizes urgency, factual evidence, and the exact relief requested.

  • 01
    Prepare Case Header: Enter court name, case number, and party names exactly.
  • 02
    State Urgency: Summarize the emergency in one or two sentences up front.
  • 03
    Detail Facts: Provide dates, witnesses, documents, and immediate risks.
  • 04
    Sign and Verify: Sign, date, and include notary or verification per local rules.

How to Configure an Online CD 180 Workflow

Set up a predictable digital workflow that routes the declaration for review, signature, notarization, and filing to the correct recipients.

Field Configuration
Document Template Lock required fields; make facts mandatory.
Signer Order Declarant first, attorney or clerk second.
Authentication Email+SMS or stronger ID verification for signers.
Filing Output Generate court-ready PDF/A with audit trail.

Where the CD 180 Declaration Goes After Completion

This sequence shows typical routing from drafter to court, including verification and filing steps that follow execution of the declaration.

  • Drafter Review: Confirm facts and supporting exhibits are attached.
  • Signature & Notary: Declarant signs and, if required, a notary or electronic notary notarizes.
  • File With Court: Submit via court e-filing system or in-person clerk's office.
  • Serve Opposing Party: Provide notice or personal service as required by local rules.

Distribution and eSubmission Options for CD 180 Filings

Choose delivery methods that meet court rules for filing, service, and authentication.

  • E-filing Systems: Use court-approved portals for official filings.
  • Secure Email: Encrypt attachments when allowed for service by agreement.
  • Registered Mail / Process Server: Use for jurisdictions requiring physical service.

Typical Timelines and Deadlines When Using a CD 180 Declaration

Timing expectations vary by jurisdiction; below are common deadlines and time-sensitive actions to track when seeking ex parte writs of possession.

Ex Parte Filing Window:

File as soon as exigent facts arise; courts expect immediate presentation of urgency.

Hearing Scheduling:

Many courts set ex parte matters within 24–72 hours of filing.

Service After Order:

Serve the opposing party promptly per local rules after the writ issues.

Return of Writ:

Comply with any short return/confirmation timeline set by the clerk.

Record Retention:

Retain signed declaration and exhibits per retention policies and rules.

Common Preparation Errors to Avoid

  • Omitting supporting exhibits that prove imminent harm, causing the judge to deny ex parte relief.
  • Using vague or conclusory language instead of specific dates, locations, and identifications of property.
  • Failing to follow local form or filing rules, which can result in rejection or continuance.
  • Neglecting proper service or proof of service, jeopardizing enforceability of the writ.

Consequences of an Incorrect or Incomplete Declaration

Case Delay: Lost expedited relief
Order Denial: Judge may refuse ex parte writ
Sanctions: Court may impose monetary or procedural sanctions
Contempt Risk: Improper possession enforcement raises contempt issues
Reversal: Subsequent motions may undo improperly obtained relief
Service Defects: Unserved parties can nullify enforcement

Real-World Examples of Digital Declaration Workflows

Two brief examples show how digital preparation and e-signing support urgent possession requests and accelerate court processing.

Optica Ventures Example

A property manager prepared an urgent declaration online to request immediate possession.

  • The signed PDF and exhibits were securely routed for attorney review.
  • Using a digital workflow preserved the audit trail, reduced courier time, and enabled same-day submission to the clerk for expedited consideration.

Martin Properties Example

A founder processed multiple possession declarations during a regional eviction wave.

  • Signatures and notarization were completed electronically.
  • The online approach allowed consistent form completion, timely filings across jurisdictions, and reliable retention of signed records for later enforcement steps.

Top eSignature Options for Preparing and Executing CD 180 Declarations

Comparing core pricing and capability criteria can help choose a platform that supports notarization, audit trails, and HIPAA or legal compliance where applicable.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions About the CD 180 Declaration

Answers to common procedural and technical questions about preparing, signing, notarizing, and filing a CD 180 Declaration for ex parte writs.


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