What is a Prejudgement Claim of Right to Possession? I received this form w/a Summons after I filed my ANSWER-Unlawful Detainer.

Asked over 5 years ago - Redondo Beach, CA

I was served a 3-day pay or quit then a Notice of Unlawful Detainer(Eviction)by mail(never posted or hand delivered)I responded within 5 days at the court & 2 days later,I find a SUMMONS w/a PREJUDGEMENT CLAIM OF RIGHT TO POSSESSION FormAttached stating that I'm required to complete/file this form also.
Why&When?I understand this process shouldn't be easy but this is almost impossible!Any help or advice you can give me would be greatly appreciated!There's also a "special circumstance" w/ my 1yr lease as my boss signed a separate written agreemnt that stated he was responsible for the rent for 1yr. & has been paying for 5 mos but now can't,so he stopped.Why am I the defendant and not him?

Attorney answers (1)

  1. Douglas Wayne Lytle

    Contributor Level 5

    Answered . Prejudgment Claim of Right to Possession - a form that a landlord in an unlawful detainer (eviction) lawsuit can have served along with the summons and complaint on all persons living in the rental unit who might claim to be tenants, but whose names the landlord does not know. Occupants who are not named in the unlawful detainer complaint, but who claim a right to possess the rental unit, can fill out and file this form to become parties to the unlawful detainer action.

    You'll find the CA Dept of Consumer Affairs Guide helpful - (first link below, scroll down to the heading Landlord-Tenant and click on the downloadable PDF titled "California Tenants - A Guide to Residential Tenants' and Landlords' Rights and Responsibilities")

    Over at the CA Dept of Real Estate website, Chapter 9 is Landlord-Tenant as well - see link 2 below.

    Find eviction-related legal aid near you and self-help resources by following the third link below.

    Same result (but shorter link) if you just go here and search under Landlord-Tenant and enter your city or zip code - see link 4 below

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