INSTR - UD Default for Property - California

1 SAMPLE Use the samples to help you complete the packet of blank forms. UD Default - Property CIV-100 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) :FOR COURT USE ONLYTELEPHONE NO.:FAX NO.(Optional):E-MAIL ADDRESS (Optional) :ATTORNEY FOR (Name):SUPERIOR COURT OF California , COUNTY OFSTREET ADDRESS:MAILING ADDRESS:CITY AND ZIP CODE:BRANCH NAME:PLAINTIFF/PETITIONER:DEFENDANT/RESP ONDENT:REQUEST FORE ntry of DefaultClerk's JudgmentCASE NUMBER:(Application)Court Judgment1. TO THE CLERK: On the complaint or cross-complaint fileda. on (date) :b. by (name) Default of defendant (names) 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 under CodeCiv. Proc., 585(d).) clerk's judgment(1) for restitution of the premises only and issue a writ of execution on the judgment.

2 Code of Civil Procedure section1174(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., on thereverse (item 5).)(3) for Default previously entered on (date) to be acknowledgedBalancea. Demand of complaint .. $$$b. Statement of damages *(1) Special .. $$$(2) General .. $$$c. Interest .. $$$d. Costs (see reverse).. $$$e. Attorney fees .. $$$ $$$ damages were demanded in complaint at the rate of: $per day beginning (date) :(* Personal injury or wrongful death actions; Code Civ. Proc., )3.(Check if filed in an unlawful detainer case) Legal document assistant or unlawful detainer assistant information is onthe reverse (complete item 4).

3 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 ONLYC lerk, by, DeputyPage 1 of 2 Form Adopted for Mandatory UseREQUEST FOR ENTRY OF DEFAULTCode of Civil Procedure,Judicial Council of California 585-587, 1169 CIV-100 [Rev. January 1, 2007](Application to Enter Default ) your NAMEYOUR STREET ADDRESSYOUR CITY, STATE, ZIP CODEYOUR PHONE #IN PRO PERSANTA CLARACHECK WITH STAFF LEAVE BLANKCIVIL DIVISIONYOUR NAMETENANT(S) NAME (S) your CASE NUMBERDATE THE COMPLAINT WAS FILED (OR AMENDED COMPLAINT) your NAME TENANT(S) NAME(S)TODAY'S DATEPRINT your NAMESIGN your NAMESHC SamplePOSSESSION ONLY POSSESSION ONLY PLAINTIFF/PETITIONER:CASE NUMBER:DEFENDANT/ document assistant or unlawful detainer assistant (Bus. & Prof. Code, 6400 et seq.). A legal document assistantor unlawful detainer assistantdiddid notfor compensation give advice or assistance withthis form.

4 (If declarant has received 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) under Code of Civil Procedure Section (required for entry of Default under Code Civ. Proc., 585(a)).This not on a contract or installment sale for goods or services subject to Civ. Code, 1801 et seq. (Unruh Act). not on a conditional sales contract subject to Civ. Code, 2981 et seq. (Rees-Levering Motor Vehicle Salesand Finance Act). not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., 395(b). of mailing (Code Civ. Proc., 587). A copy of this Request for Entry of Default mailed to the following defendants, whose addresses areunknown to plaintiff or plaintiff's attorney (names) first-class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, if none, toeach 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 : '(TYPE OR PRINT NAME)(SIGNATURE OF DECLARANT) of costs (required if money judgment requested).

5 Costs and disbursements are as follows (Code Civ. Proc., ):a. Clerk's filing fees .. $b. Process server's fees ..$c. Other (specify): .. $d..$ $ and disbursements are I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs iscorrect and these costs were necessarily incurred in this declare under penalty of perjury under the laws of the State of California that the foregoing is true and : '(TYPE OR PRINT NAME)(SIGNATURE OF DECLARANT) of nonmilitary status (required for a judgment). No defendant named in item 1c of the application is in themilitary service so as to be entitled to the benefits of the Servicemembers Civil Relief Act (50 App. 501 et seq.).I declare under penalty of perjury under the laws of the State of California that the foregoing is true and : '(TYPE OR PRINT NAME)(SIGNATURE OF DECLARANT)CIV-100 [Rev.]

6 January 1, 2007]REQUEST FOR ENTRY OF DEFAULTPage 2 of 2(Application to Enter Default )CIV-100 your NAMETENANT(S) NAME (S) your CASE NUMBER DATE A COPY OF THISADDRESS WHERE TENANT'S COPY WAS MAILEDDATE your SERVER SIGNS (NOT YOU)SERVER PRINTS NAME HERESERVER SIGNS NAME HERETODAY'S DATEPRINT your NAMESIGN your NAME TODAY'S DATEPRINT your NAMESIGN your NAMESHC SampleFOR WAS MAILED TO TENANT(S)LEAVE THIS PART BLANK BECAUSE YOU WILL LIST your COSTS WHEN YOU FILE FOR your MONEY JUDGMENTUD-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 NotAppear at TrialJUDGMENT1.

7 BY DEFAULTa. Defendant was properly served with a copy of the summons and Defendant failed to answer the complaint or appear and defend the action within the time allowed by Defendant's Default was entered by the clerk upon plaintiff's 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 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) Continued on Attachment 2b (form MC-025).

8 C. Defendant did not appear at trial. Defendant was properly served with notice of A statement of decision (Code Civ. Proc., 632) was not was 1 of 2 Form Approved for Optional UseJUDGMENT - UNLAWFUL DETAINERCode of Civil Procedure, ,Judicial Council of California585(d), , 1169UD-110 [New January 1, 2003] your NAMEYOUR STREET ADDRESSYOUR CITY, STATE, ZIP CODEYOUR PHONE #IN PRO PERSANTA CLARACHECK WITH STAFF LEAVE BLANKCIVIL DIVISIONYOUR NAMETENANT(S) NAME (S) your CASE NUMBER SHC SamplePLAINTIFF:CASE NUMBER:DEFENDANT:JUDGMENT IS ENTERED AS FOLLOWS BY: THE COURT THE CLERK3. Parties. Judgment isa. 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 , , 1169 and ).

9 6. Amount and terms of judgmenta. Defendant named in item 3a above must pay plaintiff on b. Plaintiff is to receive nothing from defendantthe 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 Conditional judgment. Plaintiff has breached the agreement to provide habitable premises to defendant as stated inJudgment-Unlawful Detainer Attachment (form UD-110S), which is Other (specify) : Continued on Attachment 8 (form MC-025).Date: JUDICIAL OFFICERDate: 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 , DeputyUD-110 [New January 1, 2003]JUDGMENT - UNLAWFUL DETAINERPage 2 of 2 your NAMEYOUR CASE NUMBERTENANT(S) NAME (S) your NAMETENANT(S) NAME(S) ADDRESS OF THE SampleEJ-130 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number and address):FOR COURT USE ONLYTELEPHONE NO.

10 :FAX NO.:E-MAIL ADDRESS:ATTORNEY FOR (Name):ATTORNEY FORJUDGMENT CREDITORASSIGNEE OF RECORDSUPERIOR COURT OF California , COUNTY OFSTREET ADDRESS:MAILING ADDRESS:CITY AND ZIP CODE:BRANCH NAME:PLAINTIFF: DEFENDANT:CASE NUMBER:EXECUTION (Money Judgment) WRIT POSSESSION OFPersonal Property OF Real 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 any registered process server: You are authorized to serve this writ only in accord with CCP or CCP (Name):is thejudgment creditorassignee of record whose address is shown on this form above the court's debtor (name, type of legal entity stated injudgment if not a natural person, and last knownaddress) next page for information on real or personal Property to bedelivered under a writ of possession or sold under a writ of writ is issued on a sister-state Total $12.