How to Fill Out Form Laciv 107

Form Laciv 107 at a glance

What it is: LACIV 107 is the Application and Order to Serve Summons by Posting for Unlawful Detainer, Code Civ. Proc., § 415.45.

Who signs: Sign, and enter the DATE and TYPE OF PRINT DECLARANT'S NAME.

A filled-in Form Laciv 107 example: an attorney asks to serve by posting

Form Laciv 107 example filled out, example: an attorney asks to serve by posting
The plaintiff's attorney files Form LACIV 107 in an unlawful detainer case. Three attempts at personal service failed, so the court is asked to allow posting at a residential property. The picture shows the filled form, and its names and figures are sample values. The attorney files for the plaintiff, so Other (specify) in box 1 stays empty. The notice to quit was served by personal service, so Other (specify) in box 4 stays empty. The attempts are listed in box 5, so nothing goes in the declaration of process server box because no declaration is attached. Service was attempted at the place of employment and at the residence, so the reason lines in boxes 6 and 7 stay empty. Nothing goes in box 8 because nothing more is reported. Nobody paid for an unlawful detainer assistant, so the assistant lines in box 9 stay empty. The clerk's file stamp and the court's order are left blank because the court completes them.

How to fill out Form Laciv 107, box by box

Attorney, court and case number

Form Laciv 107 example filled out, attorney, court and case number

Enter NAME, ADDRESS, AND TELEPHONE NUMBER OF ATTORNEY OR PARTY WITHOUT ATTORNEY and STATE BAR NUMBER.

Enter ATTORNEY FOR (Name).

Enter the COURTHOUSE ADDRESS of the SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES.

Enter the PLAINTIFF and the DEFENDANT.

Enter the CASE NUMBER.

1. I am the plaintiff, plaintiff's attorney or other (specify)

Form Laciv 107 example filled out, 1. I am the plaintiff, plaintiff's attorney or other (specify)

Box 1: I am the plaintiff, plaintiff's attorney or other (specify); mark one.

2. Specify name(s)

Form Laciv 107 example filled out, 2. Specify name(s)

Box 2: you apply for an order pursuant to Code of Civil Procedure section 415.45 to permit service by posting of the summons and complaint on defendant(s); specify name(s).

3. The property is residential or commercial

Form Laciv 107 example filled out, 3. The property is residential or commercial

Box 3: enter the property location at which the complaint seeks possession of property, and mark the property as residential or commercial.

4. The notice to quit, or pay rent or quit, was served by

Form Laciv 107 example filled out, 4. The notice to quit, or pay rent or quit, was served by

Box 4: mark how the notice to quit, or pay rent or quit, was served: personal service, substituted service, posting and mailing, or other (specify).

5. Attempts to serve

Form Laciv 107 example filled out, 5. Attempts to serve

Box 5: at least three attempts to serve in a manner specified in Code of Civil Procedure, Article 3, (other than posting or publication) are required. List attempts to serve, if made by declarant, or attach declaration(s) of process server(s) stating attempts to locate and serve the defendants. If service not made, please explain.

Enter the DATE, the TIME and the REASON SERVICE COULD NOT BE MADE/REMARKS.

Mark the box if the declaration(s) of process server stating attempts to locate and serve the defendant(s) is attached and incorporated into this application by reference.

Short Title and Case Number

Form Laciv 107 example filled out, short Title and Case Number

Enter the Short Title and the Case Number.

6. Service at the place(s) of employment

Form Laciv 107 example filled out, 6. Service at the place(s) of employment

Box 6: service has or has not been attempted during regular business hours at the place(s) of employment of the defendant(s); if not, state reason: the place(s) of employment of the defendant(s) is not known, or Other (specify).

7. Service at the residence

Form Laciv 107 example filled out, 7. Service at the residence

Box 7: service has or has not been attempted at the "residence" of the defendant(s); if not, state reasons: the place of residence of the defendant(s) is not known, or Other (specify).

8. Other

Form Laciv 107 example filled out, 8. Other

Box 8: Other.

9. Unlawful detainer assistant

Form Laciv 107 example filled out, 9. Unlawful detainer assistant

Box 9: Did the plaintiff pay for help from a registered unlawful detainer assistant (Bus. and Prof. Code, §§ 6400- 5415) who helped prepare this form?

Mark Yes or No. If yes, enter the Name of Unlawful Detainer Assistant, Telephone Number, Address (Mailing address, city and Zip code), Registration # and County of Registration.

Declaration and signature

Form Laciv 107 example filled out, declaration and signature

Declaration: "I declare under penalty of perjury under the laws of the State of California, that the foregoing is true and correct."

Sign, and enter the DATE and TYPE OF PRINT DECLARANT'S NAME.

Sources

[1] LACIV 107 (Rev. 04/26), Superior Court of California, County of Los Angeles (the Official source link on this page).

Form Laciv 107 PDF Details

When traditional methods of serving a summons prove ineffective, particularly in cases relating to the possession of property, the Laciv 107 form offers a crucial alternative under California law. This form, used in the Superior Court of California, specifically in the County of Los Angeles, seeks judicial permission for the summons and complaint to be served by posting on the premises in question. This method is primarily reserved for cases of unlawful detainer, where plaintiffs, often landlords or property managers, face difficulties in notifying defendants, typically tenants, of legal actions due to unknown whereabouts or avoidance. The form requires detailed information regarding the plaintiff's attempts to serve the summons through standard procedures, including personal, substituted service, or other means as stipulated in the Code of Civil Procedure, Article 3. Additionally, it mandates disclosure regarding attempts to serve the defendant at their place of employment or residence, underscoring the necessity of demonstrating thorough efforts to reach the defendant in other ways before resorting to posting. Furthermore, the Laciv 107 form includes sections for the declaration of the use of registered unlawful detainer assistants, thereby ensuring that individuals assisting in the preparation of the form comply with legal requirements. The court's approval of this application signifies that all other reasonable avenues for serving the summons have been exhausted, allowing the plaintiff to proceed with the action by serving the defendant in a manner most likely to notify them of the legal proceedings.

QuestionAnswer
Form NameForm Laciv 107
Form Length2 pages
Fillable?Yes
Fillable fields47
Avg. time to fill out30 sec
Other namesLACIV, application for posting, declarant, LASC