Fill and Sign the Pos 010 Proof of Service of Summons California Courts Form

Time: Rm.: Date: Dept.: Address of court: IF YOU BELIEVE THE PLAINTIFF MAY NOT BE ENTITLED TO POSSESSION OF THE PROPERTY CLAIMED, YOU MAY WISH TO SEEK THE ADVICE OF AN ATTORNEY. SUCH ATTO RNEY SHOULD BE CONSULTED PROMPTLY SO THAT HE OR SHE MAY ASSIST YOU BEFORE THE TIME SET FOR THE HEARING. Dated: (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) * “ Plaintiff ” includes cross-complainant, and “ defendant ” includes cross-defendant. Code Civ. Proc., § 512.040 2. The writ of possession will be issued if the court finds that the plaintiff's claim is probably valid and the other requireme nts for issuing the writ are established. This hearing is not for the pu rpose of determining whether the claim is actually valid. The determination of the actual valid ity of the claim will be made in later proceedings in the action and will not be affected by t he decision at the hearing on the application for the writ. 3. If you wish to oppose the issuance of the wr it, you must file with this court and serve on the plaintiff's attorney, or on the plaintiff if the plaintiff has no attorney, one or more declarations providing evidence sufficient to defeat the plaintiff's right to issuan ce of the writ. 4. 6. If you fail to oppose the issuance of the writ , the court at the hearing may do the following: 1. TO DEFENDANT * (name): Page 1 of 1 Form Adopted for Mandatory Use Judicial Council of California CD-110 [Rev. January 1, 2006] CASE NUMBER: FOR COURT USE ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FAX NO. (Optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: CD-110 PLAINTIFF: DEFENDANT: NOTICE OF APPLICATION FOR WRIT OF POSSESSION AND HEARING A hearing on the plaintiff's application for a writ of possession for levy on personal property described in the application, i ncluding attachments, claimed to be wrongfully detained by you, will held be in this court, as follows: a. same as noted above b. is (specify): Order that a writ of possession be issued. Order that you or anyone in possession transfer possession of the claimed property to the plaintiff (Code Civ. Proc., § 512.070 ). Grant injunctive or other relief. a. b. c. ` NOTICE OF APPLICATION FOR WRIT OF POSSESSION AND HEARING (Claim and Delivery) 5. If a writ of possession is issued , you may stay the delivery of t he property or regain possession of property taken under the w rit by filing an undertaking with the court in acco rdance with Code of Civil Procedure section 515.020.