Legal Question in Real Estate Law in California
before i serve the tenant with unlawful detainer forms UD-105 (anwer-unlawful detainer) and CP10.5 (prejudgement claim of right to possession), do i have to file those forms with the court first? or can i just serve them along with the civil case cover sheet, complaint, and summons?
3 Answers from Attorneys
You must file them first and get the summons issued by the court.
Whoa! As I understand your question, you are the landlord, and are required by a local rule (or something) to furnish your tenant with a blank form for his Answer, so he has easy access if he chooses to file one. The landlord doesn't file the Answer - that's the tenant's choice and responsibility. Am I missing something?
You don't file them. If you have already filed the complaint, and had the court issue a summons, you serve the summons, complaint, blank answer form and prejudgment claim of right to possession. The prejudgment claim of right to possession is for unknown occupants of the premises who may be occupying the premises. Once you have had those served, you file a proof of service of that service with the court.
If the tenant answers, he or she will file their answer. If the tenant defaults, you have to check a box on the clerk's entry of judgment form whether or not the prejudgment claim of right to possession was served.