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CP10Optional

Claim of Right to Possession and notice of Hearing

California · Judicial Council of California · Effective July 1, 2017

This form is used by someone who lives in a property that is being evicted to tell the court they claim a right to stay. It asks the court to hold a hearing to decide if their claim to possession is valid.

The court describes it as: Posted by a sheriff on a home along with a Notice to Vacate at the end of an eviction court case. Gives people who live in the home but weren’t a part of the case a chance to add themselves into the case to say why they shouldn’t be evicted.

Open the official PDFfrom Judicial Council of California

Where this fits in a case

Hearing

Stage: Hearing

This form is posted by a sheriff at the end of an eviction court case. It is for people who live in the home but were not named in the original eviction case.

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 property but was not named in the eviction case.
What happens if I file this form?
If you file this form, a court hearing will be held to decide if your claim to possession is valid.
Do I have to pay money to file this?
To get a court hearing, you must pay a filing fee or file a form to ask for a fee waiver. If you do not pay or file the waiver within two court days, the court will deny your claim.

Revision history

No changes recorded since we started tracking this form on October 9, 2026. The current version took effect July 1, 2017.

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