CD-110 - Notice of Application for Writ of Possession and Hearing

Summary

Notice of Application for Writ of Possession and Hearing

Text

Form ID: CD-110
Title: Notice of Application for Writ of Possession and Hearing
Effective Date: 2006-01-01
Mandatory Form: yes
Info Page: https://selfhelp.courts.ca.gov/jcc-form/CD-110
Primary Download URL: https://www.courts.ca.gov/documents/cd110.pdf
Form Detail Page:
Notice of Application for Writ of Possession and Hearing
(CD-110)
Tells a party being sued (the defendant) that the party who is suing (the plaintiff) is asking the court for a writ of possession (an order telling the sheriff to take and hold property that the plaintiff claims is theirs but that the defendant is wrongly keeping). Also tells defendants when the court will hold a hearing on the plaintiff’s request and gives them information about their rights.
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Effective: January 1, 2006
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Form Adopted for Mandatory Use 
Judicial Council of California 
CD-110 [Rev. January 1, 2006]
NOTICE OF APPLICATION FOR WRIT OF POSSESSION AND HEARING 
(Claim and Delivery)
Code Civ. Proc., § 512.040 
www.courts.ca.gov
CD-110
FOR COURT USE ONLY
CASE NUMBER:
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
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:
NOTICE OF APPLICATION FOR WRIT OF POSSESSION AND HEARING
TO DEFENDANT* (name):
1. A hearing on the plaintiff's application for a writ of possession for levy on personal property described in the application, including 
attachments, claimed to be wrongfully detained by you, will held be in this court, as follows:
a. Date: Time: Dept.: Rm.:
b. Address of court: same as noted above is (specify):
2. The writ of possession will be issued if the court finds that the plaintiff's claim is probably valid and the other requirements for 
issuing the writ are established. This hearing is not for the purpose of determining whether the claim is actually valid. The 
determination of the actual validity of the claim will be made in later proceedings in the action and will not be affected by the 
decision at the hearing on the application for the writ.
3. If you wish to oppose the issuance of the writ, 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 issuance of the 
writ.
4. If you fail to oppose the issuance of the writ, the court at the hearing may do the following:
a. Order that a writ of possession be issued.
b. Order that you or anyone in possession transfer possession of the claimed property to the plaintiff (Code Civ. Proc., § 512.070).
c. Grant injunctive or other relief.
5. If a writ of possession is issued, you may stay the delivery of the property or regain possession of property taken under the writ 
by filing an undertaking with the court in accordance with Code of Civil Procedure section 515.020.
6. 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 ATTORNEY 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.
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Retrieval chunks

• #1

  Form ID: CD-110 Title: Notice of Application for Writ of Possession and Hearing Effective Date: 2006-01-01 Mandatory Form: yes Info Page: https://selfhelp.courts.ca.gov/jcc-form/CD-110 Primary Download URL: https://www.courts.ca.gov/documents/cd110.pdf Form Detail Page: Notice of Application for Writ of Possess…

• #2

  the plaintiff has no attorney, one or more declarations providing evidence sufficient to defeat the plaintiff's right to issuance of the writ. 4. If you fail to oppose the issuance of the writ, the court at the hearing may do the following: a. Order that a writ of possession be issued. b. Order that you or anyone …