Free MC-100 PETITION FOR ORDER STRIKING AND RELEASING LIEN, ETC. (Government Employee) - California

COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): : :
TELEPHONE NO.: ATTORNEY FOR (Name): FAX NO.:

MC-100
FOR COURT USE ONLY

Index No. Calendar No.

Plaintiff(s)

: : : :

JUDICIAL SUBPOENA

-againstSUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:

PETITIONER:

......... RESPONDENT:
PETITION FOR

Defendant(s) : .............................................
CASE NUMBER:

Order Striking and Releasing Lien or Other Encumbrance on Property of Public Officer or Employee THE PEOPLE OF THE STATE OF NEW or Encumbrance Should Not Be Ex Parte Order to Show Cause Why Lien YORK Stricken and Released NOTICE: This form applies only to petitions by public officers and employees under Code of Civil Procedure sections 765.010­765.060 that involve lawsuits, liens, and encumbrances pertaining to actions that arise in the course and scope of the officer's or employee's duties. requests the following: 1. Petitioner (name): GREETINGS: a. Order striking and releasing lien or encumbrance. b. Ex parte order to show cause why the all businessencumbrance should not be stricken and released. WE COMMAND YOU, that lien or other and excuses being laid aside, you and each of 2. Respondent (name): the Honorable at the Court 3. Petitioner is a public officer or employee (specify position): located at County of 4. There is is not a related case. (If there is, provide case name, case number, and counsel):

TO

you attend before ,

in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the

5. Petitioner has an interest in property on which a lien or encumbrance has been filed or recorded. The property is (describe):

Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. 6. Respondent has filed or recorded a lien or other encumbrance against petitioner's property or has directed another to record or file a
lien or other encumbrance against the property. The lien or encumbrance is (describe):

Witness, Honorable Court in County,

, one of the Justices of the day of , 20

7. Petitioner is entitled to relief because respondent filed a lawsuit or lien or other encumbrance against petitioner, knowing it is false, with the intent to harass petitioner or to hinder petitioner in discharging his or her official duties, or respondent directed another to record or file a lawsuit, lien, or other encumbrance against petitioner, knowing it is false, with the intent type name below) (Attorney must sign above and to harass petitioner or to influence petitioner in discharging his or her official duties. A declaration of petitioner or petitioner's attorney setting forth a concise on page two of this form attached (see Attachment 7). statement of the facts upon which this petition is based is 8. The lien or encumbrance that this petition seeks to have stricken and released does not involve a document that acts as a claim or Attorney(s) for encumbrance by a financial institution, as defined in Penal Code section 14161, subdivision (a) or Code of Civil Procedure section 481.113, or by a public entity as defined in Code of Civil Procedure section 481.200. 9. Petitioner requests relief as follows: a. Order to show cause why the lien or other encumbrance described in item 6 should not be stricken and released. b. Order striking and releasing the lien or other encumbrance described in item 6. Office and P.O. Address c. Award of civil penalties against respondent under Code of Civil Procedure section 765.040 and Government Code section 6223, subdivision (c) of: $ according to proof.

Form Approved for Optional Use Judicial Council of California MC-100 [New July 1, 1999]

Telephone No.: Facsimile No.: (Continued on reverse) E-Mail Address: PETITION FOR ORDER STRIKING AND RELEASINGNo.: ETC. Mobile Tel. LIEN,
(Government Employee)

Code of Civil Procedure, §§ 765.010-765.080; Government Code, § 6223

American LegalNet, Inc. www.USCourtForms.com

PETITIONER: RESPONDENT:

CASE NUMBER:

9. d. e.

Award of attorney's fees and costs under Code of Civil Procedure section 765.030 of: $ according to proof. Other relief (specify):

Date:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(TYPE OR PRINT NAME OF PETITIONER)

(SIGNATURE OF PETITIONER OR PETITIONER'S ATTORNEY)

By: . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(NAME AND TITLE)

DECLARATION IN SUPPORT OF PETITION
(Code Civ. Proc., §§ 765.010, 2015.5) 1. I, the undersigned, declare that I am the in the above-entitled proceeding. petitioner other (specify):

2. The facts upon which this petition is based are as follows:

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(TYPE OR PRINT NAME) (SIGNATURE )

MC-100 [New July 1, 1999]

PETITION FOR ORDER STRIKING AND RELEASING LIEN, ETC. (Government Employee)

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