§5.02 Claim of Right to Possession

A landlord filing an unlawful detainer action may serve a “prejudgment claim of right to possession” on all apparent occupants. Serving this form prevents unnamed occupants from later contesting the enforcement of a UD judgment. [See CCP §415.46(a).] The official Judicial Council form [see form CP10.5] must be used for the claim. [See CCP §415.46(f).]

An occupant served with a claim of right to possession must follow the procedure in CCP §1174.3 to become a party to the complaint. The filing of a claim constitutes a general appearance. [See CCP §1174.25(a).] Once the claim is filed, he or she has 5 days to file a responsive pleading in the UD action. [See CCP §1174.25(b).] Thereafter, the claimant is bound by any resulting judgment in the action, even if the claimant is not named in the judgment. [See CCP §§415.46(e), 715.020(d).]

You must follow the procedures in CCP §1174.3 when an occupant who filed a claim of right to possession objects to the enforcement of a judgment in the case.