Fill and Sign the Writ Possession Form

CD-100 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: APPLICATION FOR WRIT OF POSSESSION AFTER HEARING EX PARTE AND FOR TEMPORARY RESTRAINING ORDER ––––– 1. Plaintiff* has filed a complaint and makes claim for delivery of property in the possession of the defendant named in b. a. Plaintiff (name): ––––– b. Defendant (name): ––––– 2. Plaintiff applies for (check all that apply): a. Writ of possession after hearing (Code Civ. Proc, (C.C.P.), § 512.010). b. Ex parte writ of possession (C.C.P., § 512.020). (File Declaration for Ex Parte Writ of Possession , form CD-180.) c. Temporary restraining order (C.C.P., § 513.010). ( File Application for Temporary Restraining Order, form CD-190.) 3. The basis of the plaintiff's claim and right to possession of the claimed property is specified in a written document, a copy of which is attached. the verified complaint. the attached declaration. the following facts (specify): ––––– ––––– ––––– ––––– ––––– ––––– ––––– 4. Claimed property (Describe, state value, and further identify any property that is a farm product (Code Civ.Proc., § 511.040) or inventory held for sale or lease (Code Civ. Proc., § 511.050)): ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– Continued on Attachment 4. * “ Plaintiff ” includes cross-complainant, “ defendant ” includes cross-defendant, and “ complaint ” includes cross-complaint. Page 1 of 2 Form Adopted for Mandatory Use Code Civ. Proc. § 512.010 Judicial Council of California CD-100 [Rev. January 1, 2006] APPLICATION FOR WRIT OF POSSESSION (Claim and Delivery) electronic form ã 2005 WWW.LawCA.co m Law Publishers CD-100 PLAINTIFF: ––––– CASE NUMBER: DEFENDANT: ––––– ––––– 5. A showing that the claimed property is wrongfully detained by defendant, of how the defendant came into possession of the claimed property, and, according to Plaintiff's best knowledge, information, and belief, of the reason for the defendant's detention of the claimed property, is made in the verified complaint. in the attached declaration. as follows (specify): ––––– ––––– ––––– ––––– ––––– ––––– ––––– 6. To Plaintiff's best knowledge, information, and belief the claimed property or some part of it is located as stated in the verified complaint. in the attached declaration. as follows (specify): (Include in this statement whether any part of the claimed property is within a private place that may have to be entered to take possession. If so, complete item 7.) ––––– ––––– ––––– ––––– ––––– ––––– ––––– 7. Facts showing probable cause for belief that the claimed property or some part of it is located in the private place referred to in item 6 are specified in the verified complaint. in the attached declaration. as follows: ––––– ––––– ––––– ––––– ––––– ––––– ––––– 8. The claimed property has not been taken for a tax, assessment, or fine, pursuant to statute, and (check one): a. has not been seized under an execution against the plaintiff's property. b. has been seized under an execution against the plaintiff's property, but is exempt from such seizure under (code section): ––––– 9. This action is subject to the Unruh Retail Installment Sales Act (Civ. Code, §§ 1801-1812.10); Rees-Levering Motor Vehicle Sales and Finance Act (Civ. Code, §§ 2981-2984.4). Facts showing that this is the proper court are specified in the verified complaint. attached declaration. 10. Total 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. Dated: ––––– ––––– (TYPE OR PRINT NAME) (PLAINTIFF'S SIGNATURE) Page 2 of 2 CD-100 [Rev. January 1, 2006] APPLICATION FOR WRIT OF POSSESSION (Claim and Delivery)