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California Application for Writ of Possession

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APPLICATION FOR WRIT OF POSSESSION AFTER HEARING EX PARTE AND FOR TEMPORARY RESTRAINING ORDER

CD-100

Attorney or Party Without Attorney (Name, State Bar number, and address):


Telephone No.:

Fax No. (Optional):

E-mail Address (Optional):

Attorney For (Name):

FOR COURT USE ONLY

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., § 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 or inventory held for sale or lease):

Continued on Attachment 4.

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

9. This action is subject to the Unruh Retail Installment Sales Act; Rees-Levering Motor Vehicle Sales and Finance Act.

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 1 of 2

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

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

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What the California Application for Writ of Possession Is

California Application for Writ of Possession is the legal document filed in California courts by a landlord or judgment creditor to request a writ authorizing law enforcement to remove a tenant or occupant and return possession of real property following a judgment in unlawful detainer or replevin. It must reference the underlying judgment, identify the premises, and state plaintiff's right to possession. The application initiates enforcement steps under California Code of Civil Procedure and local rules, and is typically submitted after a writ of execution or judgment is obtained.

Why a Proper Application Matters for Enforcing Possession

Using a California Application for Writ of Possession enables lawful, court-ordered recovery of property after a judgment, clarifies enforcement scope, and creates an official record for law enforcement and the sheriff. Properly prepared applications reduce delays and the risk of rejected or stayed enforcement.

Why a Proper Application Matters for Enforcing Possession

Who Prepares and Uses This Application

Landlords, property managers, and judgment creditors commonly prepare this application when enforcing a court judgment for possession.

  • Private landlords enforcing unlawful detainer judgments after final judgment for possession.
  • Judgment creditors seeking repossession under writs following replevin or related judgments.
  • Law firms and process servers preparing enforcement paperwork and coordinating sheriff execution.

Attorneys, court clerks, and sheriffs also interact with the document during filing, review, and enforcement.

Step-by-Step: Preparing and Filing the Application

Follow these sequential steps to prepare and file a California Application for Writ of Possession with minimal rejections.

  • 01
    Confirm Judgment: Verify final judgment order and that no appeal or stay exists.
  • 02
    Complete Application: Populate required fields and attach judgment proof and rent ledger.
  • 03
    File with Court: Submit application at the superior court clerk's office or online where available.
  • 04
    Serve Sheriff: Request writ issuance and deliver the writ to the sheriff for execution.

Enforcement Workflow: From Filing to Sheriff Execution

Overview of the enforcement workflow from application filing to sheriff execution and return of possession.

  • Upload Docs: Attach judgment and supporting exhibits to the application.
  • Clerk Review: Court clerk reviews for completeness and assigns a filing stamp.
  • Writ Issuance: Judge or clerk issues writ authorizing sheriff enforcement.
  • Sheriff Return: Sheriff executes writ, removes occupants, and files return.

Key Components to Include for a Professional Application

Essential components and best-practice elements to include in a professional California Application for Writ of Possession to ensure acceptance and enforceability by the court and sheriff.

Case Link

Reference the superior court name, department, and full case number. Include judgment date and recent docket entries proving entitlement to possession, and attach certified copies of the judgment where available.

Property ID

Describe the premises with street address, unit, and legal description if available. Note occupant names, lease term, and any held personal property to guide sheriff actions and avoid disputes.

Proof of Service

Attach evidence of prior notices and service required by statute or lease, including summons, complaint, default notices, and any required cure notices to demonstrate compliance.

Relief Sought

State precisely that possession is sought, include any request for locksmith services, storage of removed property, rent/damages recoverable under the judgment, and post-execution procedures to be followed.

Sheriff Directions

Provide clear, limited instructions for sheriff access times, contact persons, and safety concerns; excessive or illegal directions will be ignored by enforcement officers to ensure safe execution.

Clerk Filing

Include required filing covers, proposed writ form, and cashier check or receipt for filing fees; confirm local court form numbers and fee amounts before submission.

Required Information and Short Reference Checklist

Plaintiff ID: Full legal name and business entity.
Case Number: Court case number exactly.
Judgment Date: Enter date as MM/DD/YYYY.
Premises Address: Street, city, state, ZIP.
Attachments: Certified judgment copy and exhibits.
Signature: Signature, printed name, and date.

Penalties and Risks of an Incorrect Application

Denied Enforcement: Application rejected by clerk.
Execution Delay: Sheriff postpones execution.
Additional Costs: Extra filing or sheriff fees.
Liability Risk: Wrongful eviction claims possible.
Document Ambiguity: Clerk requests clarification.
Statute Noncompliance: Violates court rules; may be void.

Common Preparation Mistakes to Avoid

  • Incomplete case references, such as missing docket number or department, cause clerks to return applications and create process delays.
  • Failing to attach a certified judgment copy or proof of service often results in rejected filings or requests for supplemental documents.
  • Vague premises descriptions or incorrect unit numbers can lead sheriffs to the wrong address and delay possession enforcement.
  • Using nonstandard local forms or neglecting county-specific filing fees increases the chance of administrative return or additional clerk charges.

How to Configure an Online Workflow for Filing

Configure an online workflow to populate, sign, and submit the California Application for Writ of Possession electronically.

Field Configuration
Map Case Number to Database Auto-populate from court case management.
Attach Certified Judgment PDF File Require PDF upload and attach metadata.
Set Signer Authentication Method and Level Use email link or SMS OTP for signer.
Include Sheriff Delivery Instructions Field Visible field for sheriff contact and times.

Digital Submission Requirements and Compatibility

Digital filing and e-submission require compatible formats, signer authentication, and acceptance by the local court and sheriff's office.

  • File Formats: PDF/A or court-approved PDF.
  • Authentication: Email plus SMS OTP or county RON.
  • Integrations: Court eFiling or case management APIs.

eSignature Provider Comparison for Filing and Signing

Comparison of common eSignature providers and features relevant when completing and submitting a California Application for Writ of Possession.

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 trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Typical Timelines and Processing Expectations

Typical timelines and processing expectations after filing a California Application for Writ of Possession, from clerk review to sheriff execution.

County Clerk Review Timeframe Estimate:

Often 1–10 business days depending on workload

Estimated Court Writ Issuance Timing:

Timing varies; some courts process same day, others take several days

Estimated County Sheriff Scheduling Window:

Sheriff schedules execution, commonly within 7–30 days after writ receipt

Notice of Enforcement Date to Occupant:

Sheriff posts notice per local rules before entry

Sheriff Return and Court Filing:

Sheriff files a return showing actions taken and timing

Key Milestones from Filing to Completed Enforcement

Key milestones from filing to completed enforcement, presented as sequential stages to track progress and required actions.

01

File Application

Submit application with judgment copy and proposed writ to court clerk.

02

Clerk Acceptance

Clerk stamps and assigns writ for issuance or returns for correction.

03

Writ Issued

Court issues writ and notifies sheriff for pickup or e-delivery.

04

Execution Complete

Sheriff executes writ, posts return, and possession is restored.

Frequently Asked Questions and Troubleshooting

Frequently asked questions and troubleshooting steps for preparing, filing, and enforcing a California Application for Writ of Possession.


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