CP10.5 – Prejudgment Claim of Right to Possession

Jurisdiction: Country: USA | Province/State: California

What is a CP10.5 – Prejudgment Claim of Right to Possession?

A CP10.5 is a California court form you use to tell the court you live at a property that is in an eviction case, and you want to be heard before the court enters judgment. You use it when the landlord filed an unlawful detainer (eviction) but did not name you as a defendant. The form lets you step into the case before judgment so you can assert your rights and defend your possession.

This is a prejudgment claim. That means you file it during the eviction lawsuit, before the judge decides who gets possession. It exists because California law allows a landlord to evict “all occupants” even if the lawsuit names only some people. To make that work fairly, the landlord must serve a special packet that includes this CP10.5 form. If you live there and are not named, you can file the form within a short deadline to appear in the case.

Who typically uses this form?

Roommates, subtenants, spouses or partners, adult children, resident managers, or anyone living at the property who is not named as a defendant. Commercial occupants use it too when a business space has people or entities in possession that the complaint does not identify.

You would need this form if you found an eviction packet on your door or received one by mail, and you are not listed as a defendant, but you live or operate at the property. Filing the CP10.5 tells the court and the landlord you claim a right to stay for now. It also triggers your right to a hearing and to file an answer to the eviction.

 common usage scenarios

You moved in as a subtenant after the original tenant signed the lease, and the landlord sued only that original tenant. You live with a partner who is the sole named tenant, and the landlord sued just that partner. You are a resident manager who lives on-site, and the complaint names only the company that employed you. You took over a commercial bay from another business, and the landlord sued the prior tenant. In each case, you are in possession but not named. The CP10.5 is how you get into the case before the court decides possession.

If you do not file the form on time, you can be removed by the sheriff even though you are not named. You will not get a separate notice of trial. You will not have the chance to raise defenses. The sheriff can enforce a writ of possession against all occupants if the landlord used this prejudgment process correctly. Filing the CP10.5 is how you avoid that outcome and get your day in court.

If you are already named as a defendant, do not use CP10.5. You should file an answer to the eviction instead. If the landlord did not include this form in the service packet, different rules can apply, but you should still act quickly to protect your rights.

This form is for California only. It applies to both residential and commercial evictions filed in California state courts.

When Would You Use a CP10.5 – Prejudgment Claim of Right to Possession?

You use a CP10.5 when an eviction lawsuit is underway, you are in possession of the property, and you are not named as a defendant in the complaint. You will know this is the situation when you see your address on the complaint, but your name is not on the list of defendants. The packet you receive will include a Summons, a Complaint—Unlawful Detainer, a “Notice to Occupants,” and a Prejudgment Claim of Right to Possession form. You might receive it by posting on your door and mailing, or by personal delivery.

Consider this example. You rent a bedroom from the master tenant in a house. The landlord sues the master tenant for unpaid rent, but does not list you. You find the eviction packet posted on the door. You should file the CP10.5 within the stated 10-day window to become part of the case. If you do not, the court can give the landlord possession against “all occupants,” which includes you.

Here is another example. You are married to the named tenant. The landlord sues your spouse only. You live there, contribute to rent, and have belongings there. Without filing CP10.5, you can lose the right to a hearing before the sheriff posts a lockout notice. Filing the form gets you into the case and lets you answer the complaint.

Commercial occupants use the form as well. You operate a small retail kiosk in a larger leased space. The landlord sues the business on the lease, but not your kiosk entity. You are in possession and risk being removed without a hearing if you do nothing. Filing the CP10.5 ensures the court hears your claim before judgment for possession takes effect against everyone.

Resident managers and caretakers often need this form. If your housing is tied to employment, and the landlord sues your employer, you may not be named. If you want the court to consider your right to stay, you must file CP10.5 within the deadline.

Do not use CP10.5 if the sheriff has already posted a post-judgment notice to vacate after the court entered judgment. That stage uses a different claim process. CP10.5 is for the period before judgment only. Do not use it if you are named in the complaint; file an answer instead.

Timing is critical. The form must be filed quickly, usually within 10 days from when the packet was served. If the service was by posting and mailing, the 10 days run from that service event. Act on the day you receive the papers. Waiting can forfeit your right to be heard.

Legal Characteristics of the CP10.5 – Prejudgment Claim of Right to Possession

The CP10.5 is a sworn statement filed in an active eviction case. It is legally binding because you sign under penalty of perjury. By filing it, you declare you currently occupy the property and claim a right to possess it. Your filing has two core legal effects. First, it requires the court to allow you to participate before entering judgment for possession against you. Second, it subjects you to the court’s jurisdiction in that eviction case.

Enforceability rests on California’s eviction statutes and the court’s procedures. When a landlord includes the prejudgment claim process in service, the court can grant possession against “all occupants” if no one files the claim on time. If you do file on time and pay the required fee or get a fee waiver, the court will treat you as a party. The court will then set a trial date quickly and allow you to present defenses. Without your claim, the court can proceed without you, and the sheriff can remove you under a writ of possession.

Filing CP10.5 does not, by itself, prove you have a valid right to stay. It preserves your right to make that case. You will still need to file an answer to the eviction and appear at trial. If you win, you keep possession. If you lose, the court will enter judgment for possession against you. The court can also enter a money judgment for rent, holdover damages, costs, and fees if applicable. By filing the CP10.5, you accept those risks. If you do not file, you avoid immediate money liability but risk immediate removal without being heard.

Accuracy matters. The court can deny your claim or sanction you if your statements are false. The form asks for the facts of your occupancy and the basis for your claimed right. You should be ready to support your claim with documents, witnesses, or other evidence. Examples include messages showing your tenancy, rent receipts, a written sublease, photos of your room, or mail addressed to you at the property.

Service and notice requirements support enforceability. You must serve the filed CP10.5 on the landlord or the landlord’s lawyer and file proof of service. Proper service ensures the court will set a hearing and treat your claim as valid. Failing to serve the landlord can delay or derail your claim.

Fees also affect validity. When you file the CP10.5, you must pay the court’s first appearance fee for unlawful detainer cases, unless the court grants you a fee waiver. If you do not pay or get a fee waiver, the court may reject your claim. File a fee waiver application at the same time if you need it.

Finally, the form’s prejudgment nature is key. The claim is available only before the court enters judgment for possession. If judgment already entered, use the post-judgment procedures instead. The court will not accept a prejudgment claim after judgment.

How to Fill Out a CP10.5 – Prejudgment Claim of Right to Possession

Follow these steps to complete and file the form correctly. Move fast. The deadline is short.

Step 1: Confirm you need this form.

Check the complaint to see who is named as a defendant. If your name is not listed and you live or operate at the property, you need CP10.5. If you are named, you should file an answer instead. Look for the “Notice to Occupants” and the blank CP10.5 in the packet. If they were missing, you may have different options, but act promptly either way.

Step 2: Note your deadline.

The form explains that you generally have 10 days from the date of the service to file. Service may have been by posting and mailing or by personal delivery. Use the earliest date you received the documents to guide your timing. Aim to file within a few days to avoid any doubt.

Step 3: Identify the court and case.

At the top of the form, copy the court name and address from the Summons. Add the case number from the Summons if one is shown. If no case number appears yet, the clerk will fill it in when you file.

Step 4: Enter the case title.

Fill in the plaintiff’s name and the named defendant’s name exactly as they appear on the Complaint. Do not add your name here. Your name will appear in the body of the form.

Step 5: State the property address.

Enter the full street address of the property where you live or operate. Include the unit number, space number, or lot number, if any. This connects your claim to the place at issue.

Step 6: Identify yourself.

In the section that asks who is claiming possession, write your full name. If there are multiple unnamed occupants, each person must file a separate CP10.5. Do not try to add family members or roommates on your own form. Each person needs their own signature.

Step 7: Describe your occupancy.

The form asks how and when you came to live or operate there. Provide clear facts in short sentences. For example: “I moved in on March 1. I pay $800 each month to the master tenant.” Or “I am the spouse of the named tenant and have lived here since 2021.” Or “My company operates in Suite B under a sublease signed in June.” List the date you began occupancy, who let you move in, and whether you pay rent and to whom. If the space on the form is not enough, write “See attached page,” and add a page labeled “Attachment — Basis of Claim.”

Step 8: State your right to possession.

Briefly explain why you believe you have the right to stay until the court decides. Examples include: “I am a lawful subtenant under an agreement with the named tenant.” “I am a co-occupant who pays rent and has the right to possess the unit.” “I am a resident manager who lives on-site as part of my job.” Keep it factual and specific. Avoid arguments or case law here. Save legal arguments for your answer.

Step 9: Provide service details.

The form asks how you received the eviction papers that included this CP10.5. Check the box for how you were served: personal delivery, posting, or mailing. Enter the date you received them or saw them posted. This helps the court confirm your claim is timely.

Step 10: Add contact information. Provide a mailing address where you can receive court notices. Add a phone number and email if you have them. This ensures you get the hearing date and any orders. If you are worried about safety, ask the clerk how to limit what contact details appear on the public record.

Step 11: Review the fee requirement.

When you file CP10.5, you must pay the court’s first appearance fee for eviction cases. If you cannot afford the fee, complete and file a fee waiver request with your CP10.5, ask the clerk for the current fee amount and the fee waiver application. If the court grants the waiver, it will process your claim without payment.

Step 12: Sign and date the form.

Read the declaration carefully. You are signing under penalty of perjury. Make sure everything is true and accurate. Sign your name, print your name, and date the form. Unsigned forms will be rejected.

Step 13: Make copies.

Create at least three copies: one for the court, one for the landlord or the landlord’s lawyer, and one for your records. If more than one plaintiff exists, make a copy for each. Keep a clean copy in case you need to serve someone else later.

Step 14: Serve the landlord or attorney.

Someone over 18 who is not you must mail or hand-deliver a copy of your signed CP10.5 to the landlord or the landlord’s lawyer. Use the address on the Summons or the Complaint. If you serve by mail, use first-class mail and note the mailing date and address.

Step 15: Complete a proof of service.

The person who served the landlord must sign a proof of service that lists how and when they delivered the CP10.5. Attach that proof to your copy for filing. The court needs this to confirm proper notice.

Step 16: File with the court.

Bring the original CP10.5, your proof of service, and the filing fee or fee waiver application to the court clerk. File them before your deadline. Ask the clerk to stamp your copies “Filed” and “Conformed.” Keep those stamped copies.

Step 17: Watch for the hearing or trial date.

The court will set a hearing or trial quickly. Read the notice carefully. Calendars move fast in eviction cases. Mark the date and make plans to attend in person. If you have a conflict, immediately ask the court about your options.

Step 18: File your answer.

Filing CP10.5 gets you into the case. You still need to file an answer to the eviction. Your answer states your defenses and any claims you want the court to consider. File it as soon as possible after your CP10.5. Serve the landlord or lawyer with the answer and file proof of service. If you wait, you risk default or limited defenses at trial.

Step 19: Prepare your evidence.

Gather documents that support your right to possession or your defenses. Bring your sublease, rent receipts, bank statements, photos, repair requests, messages, and witnesses if relevant. Organize them by date. Make at least three sets of copies for the court, the landlord, and yourself.

Step 20: Attend and participate.

Arrive early on the hearing or trial date. Check in with the clerk. When your case is called, confirm you filed a CP10.5 and an answer. Be ready to explain your occupancy and your defenses clearly and briefly. Follow the judge’s directions. If you settle, make sure the agreement is written and signed.

Attachments and schedules

The CP10.5 form itself is short. It may not have built-in schedules. If you need more space to explain how you came to possess the property or your basis for claiming a right, attach a separate page. Label it clearly so the court can match it to the part of the form you are expanding. Do not attach lengthy exhibits to the CP10.5. Save exhibits for your answer or for trial, unless the court instructs otherwise.

Common mistakes to avoid

Do not let the deadline pass while you seek advice. File first to preserve your rights. Do not sign for anyone else. Each occupant must file their own signed form. Do not skip the service step. The landlord must receive your claim. Do not assume the CP10.5 is your answer. You still need to file an answer to present your defenses.

What happens next?

If the court accepts your CP10.5 and you follow through with your answer and appear, the court will hear your side before deciding possession. If you lose, the judgment will include you, and the sheriff can enforce a lockout after a short notice period. If you win, you remain in possession, and the landlord must follow the court’s order.

The CP10.5 is your doorway into the case. Use it quickly, complete it accurately, and follow the service and filing steps. Doing so preserves your right to be heard before you can be removed from your home or business.

Legal Terms You Might Encounter

• Prejudgment means “before the court issues a final judgment.” This form lets you step into the case early. You ask the court to hear your claim before the eviction judgment binds you.
• Claim of right to possession is your statement that you live there and have a right to be heard. You tell the court you occupy the property and want to participate in the case.
• Occupant refers to someone living at the property who is not named as a defendant. If you got served with the eviction papers but your name is not listed, you are the occupant this form addresses.
• Unlawful detainer is the court case type for evictions. The landlord is the plaintiff. The tenants named are defendants. This form helps an unnamed occupant become part of that case.
• Plaintiff is the party that filed the eviction case. That is usually the landlord or property owner. You will serve your filed form on the plaintiff or their lawyer.
• Service means legally delivering papers to the other side. You must follow the rules for how and by whom service is done. Your form is not complete until service is proper.
• Summons and complaint are the first papers in the case. The summons tells you there is a lawsuit. The complaint explains the landlord’s claims. Use these to find the case number and filing court.
• Case number is the unique number for the lawsuit. Copy it exactly from the summons or court notice. A wrong number can cause lost filings or delays.
• Hearing is a scheduled time when the court hears from both sides. After you file, the court sets a date. You must attend to support your claim and answer questions.
• Fee waiver allows you to ask the court to waive filing fees. If you cannot afford the fee, submit the waiver forms when you file. The court decides based on your financial information.
• Joinder is the process of adding you as a defendant. If the court grants your claim, you will be joined to the case. You can then file an answer and defend the eviction.
• Proof of service is a signed statement showing how the service was completed. The server fills it out after delivering your papers. Keep a copy and file one if the court requires it.
• Writ of possession is a court order that allows a lockout after judgment. Filing this form before judgment helps you avoid being bound by a writ without being heard first.

FAQs

Do you need to file this form if you are named in the eviction?

No. If the complaint already lists your name as a defendant, you do not need this form. Instead, file an answer or other response as the court requires. This form is for unnamed occupants.

Do you file even if you were not personally served?

Yes, if you received the packet that included this form and you live at the property. Service may have been by posting or to “all occupants.” Filing protects your right to be heard.

Do you have to pay a filing fee?

Often yes, unless the court grants a fee waiver. If you cannot afford the fee, submit a fee waiver with your form. Ask the clerk how much the fee is and how to pay.

Do you need to attend a hearing after you file?

Yes. The court sets a hearing to decide your claim. Attend on time, bring proof you live there, and answer the court’s questions. If you miss it, your claim may be denied.

Do you need to attach proof to the form?

You usually do not attach proof to the form itself. But you should bring proof to the hearing. Bring mail with your name and address, a lease, receipts, or anything that shows you live there.

Do you still file if you are a subtenant or roommate?

Yes, if you live there and are not named in the complaint. The form is designed for any occupant claiming a right to remain or to defend. Disclose your relationship to the named tenant at the hearing.

Do you file one form for each adult occupant?

Each unnamed adult occupant should file their own form, unless the court allows a joint claim. If you file one for a household, list all adults clearly and make sure everyone signs if needed.

Do you need the case number to file?

Yes. Find it on the summons or complaint. If you cannot find it, the clerk can look it up with the address and parties. Do not guess. A wrong number can delay or misplace your filing.

Does filing this form stop the eviction?

It can pause the entry of a judgment against you until the court hears your claim. It does not cancel the case. If the court adds you as a defendant, you must then defend the eviction.

What happens if the court grants your claim?

You are added as a defendant. The court sets deadlines for your answer. You can then present your defenses and evidence in the eviction case.

What if you already filed an answer as “John Doe” or “All Occupants”?

Tell the court at the hearing. The court may treat your answer as filed once you are joined. Bring a copy of your answer and proof of filing.

What if you moved out before the hearing?

Tell the court and the plaintiff. You may withdraw your claim if you no longer live there. If you moved out, the court may drop you from the case.

Checklist: Before, During, and After the CP10.5 – Prejudgment Claim of Right to Possession

Before signing

• Find the summons, complaint, and any notices posted or delivered to you.
• Confirm the case number, court location, and plaintiff’s name and address.
• Gather proof you live there: lease, sublease, rent receipts, mail, utilities, ID.
• List the full property address exactly as it appears on the papers.
• Identify all adult occupants who plan to file their own claims.
• Decide if you need a fee waiver and complete those forms if needed.
• Note the date and method you received the eviction papers.
• Write down your contact information, so you can check it daily.
• Review local filing hours and any e-filing requirements.
• Arrange for a neutral adult to serve the plaintiff if service by you is not allowed.

During signing

• Verify your name is printed clearly and matches your ID.
• Confirm that the case number and court address are accurate and complete.
• Check the boxes that apply to how you were served and how you occupy.
• State plainly that you live at the property and claim a right to possession.
• Include the full property address, unit number, and city, with no abbreviations.
• Date and sign the form under penalty of perjury.
• If more than one adult signs, ensure each person signs their own form.
• Attach the fee waiver if you are requesting one.
• Make at least two copies: one for you and one to serve on the plaintiff.

After signing

• File your form with the correct court promptly.
• Pay the filing fee or submit your fee waiver with the form.
• Get a stamped copy from the clerk for your records.
• Serve a copy on the plaintiff or their attorney, following service rules.
• Complete a proof of service, signed by the server if required.
• Calendar the hearing date, time, and department as soon as you receive it.
• Prepare your evidence of occupancy and relationship to the property.
• Plan transportation and time off to attend the hearing.
• Store all documents together in a safe, accessible place.

Common Mistakes to Avoid CP10.5 – Prejudgment Claim of Right to Possession

• Don’t forget the deadline. Waiting too long can lead to a judgment being issued without your input. If judgment enters, you may lose the chance to contest possession.
• Don’t use the wrong case number. A transposed digit can misfile your claim. The court may not match you to the case, delaying the hearing.
• Don’t leave out the full property address. Missing a unit number or city can cause confusion. The court needs the exact location to identify the case.
• Don’t skip service. If you do not serve the plaintiff properly, the court may not hear your claim. Improper service can lead to denial or continuance.
• Don’t miss the hearing. If you fail to appear, the court can deny your claim. You may then be bound by the judgment without being heard.
• Don’t assume one filing covers everyone. Each adult occupant should file, unless told otherwise by the court. A non-filing occupant may remain unprotected.

What to Do After Filling Out the Form CP10.5 – Prejudgment Claim of Right to Possession

1. File your completed form with the court listed on the summons. Do this as soon as possible. Ask the clerk to stamp your copy. Keep it with your records.
2. Pay the filing fee or submit your fee waiver. If you submit a fee waiver, track its decision. If the waiver is denied, be ready to pay promptly.
3. Serve the plaintiff or their lawyer with a filed copy. Use a qualified server if required. Follow the court’s rules on personal service or mail service. Complete a proof of service.
4. Confirm your hearing. The court will provide a date, time, and location. If you do not receive notice, call the clerk and check the online calendar if available.
5. Prepare for the hearing. Gather proof that you live at the property. Bring a lease, mail, bills, ID, or declarations from other occupants. Be ready to explain how and when you were served.
6. Attend the hearing on time. Check in with the clerk. When called, state you are the occupant and explain your right to possession. Answer questions directly. Stay calm and concise.
7. If the court grants your claim, you will be added as a defendant. Ask about your deadline to file an answer in the eviction case. File your answer on time. Serve it on the plaintiff and keep proof.
8. If the court denies your claim, ask what options remain. You may seek other relief if available. If judgment is later issued, follow any move-out orders or deadlines to avoid added costs.
9. If your information changes, act quickly. If you move, update your address with the court. If you realize a mistake on the form, file a corrected version before the hearing, if allowed.
10. Distribute copies as needed. Keep one set at home and one digital copy. Bring the stamped copy to every court date. Store all proofs of service and court notices together.
11. Track all dates and tasks. Use a checklist. Note service dates, hearing dates, and answer deadlines. Missing a date can affect your rights.
12. Stay engaged until the case ends. Attend all hearings. Read every notice. Respond to any motions. Keep your documents organized for easy reference.