CD 100 Application For Writ Of Possession (Claim And Delivery) Cd100

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CD-100
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

TELEPHONE NO.:

FOR COURT USE ONLY

FAX NO. (Optional):

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seeing what you entered on
your form, please press the
Clear This Form button at the
end of the form when finished.

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:

APPLICATION FOR WRIT OF POSSESSION
EX PARTE

AFTER HEARING

CASE NUMBER:

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):
Writ of possession after hearing (Code Civ. Proc, (C.C.P.), § 512.010).
a.
Ex parte writ of possession (C.C.P., § 512.020). (File Declaration for Ex Parte Writ of Possession, form CD-180.)
b.
Temporary restraining order (C.C.P., § 513.010). (File Application for Temporary Restraining Order, form CD-190.)
c.
3. The basis of the plaintiff's claim and right to possession of the claimed property is specified in
the verified complaint.
the attached declaration.
a copy of which is attached.

a written document,
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.
Form Adopted for Mandatory Use
Judicial Council of California
CD-100 [Rev. January 1, 2006]

APPLICATION FOR WRIT OF POSSESSION
(Claim and Delivery)

Page 1 of 2
Code Civ. Proc. § 512.010
www.courtinfo.ca.gov

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
in the verified complaint.
claimed property, is made
as follows (specify):
in the attached declaration.

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).
verified complaint.
Facts showing that this is the proper court are specified in the

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:

`
(PLAINTIFF'S SIGNATURE)

(TYPE OR PRINT NAME)

Page 2 of 2
CD-100 [Rev. January 1, 2006]

APPLICATION FOR WRIT OF POSSESSION
(Claim and Delivery)

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Author                          : Judicial Council of California
Create Date                     : 2005:11:07 13:50:36+05:30
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Modify Date                     : 2012:05:22 16:56:10-07:00
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Format                          : application/pdf
Title                           : CD-100 Application For Writ of Possession (Claim and Delivery)
Creator                         : Judicial Council of California
Description                     : Judicial Council forms
Subject                         : Forms
Page Count                      : 2
Signing Date                    : 2012:05:22 16:56:10-07:00
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