Cal. Civ. Code § 13-40.1-101

(1) As
used in this article 40.1, unless the context otherwise requires:

(a) 
"Residential premises" means a dwelling unit, the structure of which
the unit is a part, and any immediately surrounding property that is owned by
or subject to the exclusive control of the same person as the dwelling unit
itself.

(b) (I) 
"Unauthorized person" means a person who occupies an uninhabited or
vacant residential premises without any current or prior agreement or consent
of the owner or an authorized agent of the owner, whether written or oral,
concerning the use of the residential premises.

(II) 
"Unauthorized person" does not include:

(A) A
relative of the property owner or a relative of an authorized agent of the
property owner, including a spouse, descendant, stepchild, parent, stepparent,
grandparent, brother, sister, uncle, or aunt, whether related by whole or half
blood or by adoption;

(B) A
person or persons from which the owner or an authorized agent of the owner has
accepted money or anything of value; or

(C) A
person who was previously given permission to enter and remain on the premises.

(2) The
owner of a residential premises, or his or her authorized agent, may initiate
the investigation of and request the removal of an unauthorized person or
persons from the residential premises by filing with the county court a
complaint and a verified motion for a temporary mandatory injunction restoring
possession of the residential property to the owner or lawful occupant. To the
extent known or reasonably ascertainable, the verified motion must identify the
unauthorized person or persons and include statements substantially as follows:

VERIFIED MOTION FOR ORDER TO

REMOVE UNAUTHORIZED PERSONS

The undersigned owner, or
authorized agent of the owner, of the residential premises located at
__________ requests that the court hold a hearing within one court day and that
the court enter a temporary mandatory injunction and issue a writ of restitution
ordering that the person or persons currently occupying the residential
premises be removed from the premises and be ordered not to return to the
premises for a period of fourteen days. In support of the request, the
undersigned owner or authorized agent hereby represents and declares under the
penalty of perjury that (initial each box):

1. [ ] The declarant is the owner
of the premises or the authorized agent of the owner of the premises;

2. [ ] An unauthorized person or
persons have entered and are remaining unlawfully on the premises;

3. [ ] Neither the owner nor an
authorized agent of the owner has ever given permission for the unauthorized
person or persons to enter and remain on the premises;

4. [ ] Neither the owner nor an
authorized agent of the owner has ever had a written or oral agreement with the
unauthorized person or persons regarding the use of the premises;

5. [ ] Neither the owner nor an
authorized agent of the owner is related to the unauthorized person or persons;

6. [ ] Neither the owner nor an
authorized agent of the owner has ever accepted money or anything of value from
the unauthorized person or persons regarding the use of the premises;

7. [ ] The declarant has demanded
that the unauthorized person or persons vacate the premises but they have not
done so;

8. [ ] The declarant has informed
the unauthorized person or persons that he or she is going to court to request
a temporary mandatory injunction restoring the owner to possession and shall
deliver a copy of this Verified Motion for Order to Remove Unauthorized Persons
Form to the unauthorized person or persons;

9. [ ] Additional optional
explanatory comments or statement that the premises has been altered or
damaged: ....................................................................................................................................

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(3) A
declarant who falsely swears on a motion filed with the county court pursuant
to this section may be:

(a) 
Subject to sanctions under the Colorado rules of county court civil procedure;

(b) 
Held in contempt of court; or

(c) 
Prosecuted for perjury in the first or second degree, as described in section
18-8-502 or 18-8-503, or false swearing, as described in section 18-8-504.

(4) (a) 
The county court shall consider the complaint and motion for temporary
mandatory injunction under this section and conduct a hearing on the motion as
soon as practicable, but in no event later than the next court day after the
filing of the motion, unless a later date is requested by the moving party.

(b) (I) 
The summons, complaint, motion, and notice required by subsection (4)(b)(III)
of this section shall either be served by personal service upon the defendant,
as in any civil action, by a person qualified under the Colorado rules of
county court civil procedure to serve process, or such person may make service
by posting a copy of the summons, complaint, motion, and notice required by
subsection (4)(b)(III) of this section in some conspicuous place upon the
premises.

(II) 
Personal service or service by posting must be made at least twenty-four hours
before the time for appearance specified in such summons and notice, and the
time and manner of the service must be endorsed upon such summons by the person
making service thereof.

(III) 
The written notice of the date, time, and location of the hearing must be
served with the complaint. The notice must be printed in black ink and have a
font size of not less than twelve and in substantially the following form:

​

NOTICE

On [date], [year], at [time] in
Courtroom [number], [courthouse name], [courthouse address], the Court will
hold a hearing on a Motion for an Order for Temporary Mandatory Injunction and
writ of restitution in order to require the removal from the residential
premises located at [residential premises address] of each unauthorized person
identified in the motion that accompanies this notice. If you are identified as
an unauthorized person and if you believe that is not true, then you must
attend the hearing and present any evidence supporting your position. IF YOU
FAIL TO ATTEND THE HEARING, THE COURT MAY ENTER AN ORDER INSTRUCTING THE
SHERIFF TO REMOVE YOU FROM THE RESIDENTIAL PREMISES IMMEDIATELY.

​

(c) Any
occupant of the residential premises who disputes that he or she is an
unauthorized person may appear at the hearing and must be permitted to provide
testimony and other evidence that the occupant is not an unauthorized person.
The court, in its discretion, may accept a written statement submitted to the
court prior to the commencement of the hearing in lieu of personal testimony
from the occupant.

(d) If
no person identified in the motion as an unauthorized person appears at the
hearing, and no written statement that the court deems sufficient is filed in
opposition to the motion, the court may proceed to rule on the motion based on
the contents of the motion and any additional testimony offered by the moving
party. The court may, but need not, require the moving party to confirm in oral
testimony the facts recited in the motion and may make such other inquiry of
the owner or authorized agent as the court determines proper under the
circumstances. After taking testimony from the moving party and any occupant
who contests the motion or after considering the content of the motion or
written statement, the court shall determine whether the occupant is an
unauthorized person. If the court determines that the occupant is an
unauthorized person, the court shall enter an order for a temporary mandatory
injunction and issue a writ of restitution prior to adjourning the hearing,
which order may include such additional terms or limitations as the court may
in its discretion determine necessary and equitable under the circumstances. If
the court determines that the occupant is not an unauthorized person, the court
shall deny the motion for an order for temporary mandatory injunction. If an
order for temporary mandatory injunction is denied, the owner is not prejudiced
from thereafter commencing an eviction pursuant to section 13-40-101.

(e) The
court shall not require the appointment of an attorney to represent any
occupant or other interested person as a condition of considering such motion.

(f) If
the court enters the order for temporary mandatory injunction and issues a writ
of restitution, the owner or his or her authorized agent may deliver the order
for temporary mandatory injunction to the sheriff having jurisdiction to
enforce the order.

(5) (a) 
Except as provided in subsection (5)(b) of this section, the writ of
restitution must be executed pursuant to section 13-40-122.

(b) No
later than twenty-four hours after receipt of order for temporary mandatory
injunction, a sheriff, undersheriff, or deputy sheriff, as described in section
16-2.5-103 (1) or (2), while off duty or on duty at rates charged by the
employing sheriff's office in accordance with section 30-1-104 (1)(gg), shall:

(I) 
Remove the person or persons from the residential premises, with or without
arresting the person or persons; and

(II) 
Order the person or persons to remain off the residential premises or be
subject to arrest for criminal trespass.

(c) If
the motion filed with the county court includes a statement that the property
has been altered or damaged or the sheriff, undersheriff, or deputy sheriff
sees evidence that the property has been altered or damaged, the sheriff,
undersheriff, or deputy sheriff shall collect personal information from the
person or persons and shall provide that information to the declarant.