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CP10.5Optional

Prejudgment Claim of Right to Possession

California · Judicial Council of California · Effective June 15, 2015

This form is used by someone who lives in a rental unit but was not named in an eviction lawsuit. It allows that person to tell the court that they lived there when the lawsuit started and that they still live there.

The court describes it as: Given by a landlord to a person they’re trying to evict when they don’t know their name. It gives the person a chance to add themselves to the eviction court case at the beginning to say why they shouldn’t be evicted.

Open the official PDFfrom Judicial Council of California

Where this fits in a case

Motions

Stage: Motions

It is used when a landlord files an eviction lawsuit and there are people living in the rental unit who were not included in the initial court papers. The form must be filed within 10 days of service, unless the landlord lost the property through foreclosure.

Either party may file.

Official instructions

How-to guides published by the court for this form.

Common questions

Who should fill out this form?
This form is for someone who lives in the rental unit but was not named in the Summons and Complaint for the eviction case.
What happens if I file this form?
If you file this form, you will be added as a defendant in the eviction case, and the court will decide your right to live there at trial.
Is there a fee involved?
The form mentions that a filing fee is required, or the filer must file an 'Application for Waiver of Court Fees and Costs.'

Revision history

No changes recorded since we started tracking this form on October 9, 2026. The current version took effect June 15, 2015.

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