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Civil Code - CIV - CIV § 1861.10
Civil Code - CIV - CIV § 1861.10
(a) At the hearing a writ of possession shall issue if all of the following are found: (1) The plaintiff has established the probable validity of his claim to possession of the property of the tenant, boarder, or lodger. (2) That the property which is described within the applica
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Civil Code - CIV - CIV § 1861.12
Civil Code - CIV - CIV § 1861.12
The writ of possession shall meet all of the following requirements: (a) Be directed to the levying officer within whose jurisdiction the property is located. (b) Generally describe the property to be seized. (c) Specify the apartment, motel, or other boarding premises that may b
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Civil Code - CIV - CIV § 1861.13
Civil Code - CIV - CIV § 1861.13
Neither the failure of the defendant to oppose the issuance of a writ of possession under this article, nor his failure to rebut any evidence produced by the plaintiff in connection with proceedings under this article, shall constitute a waiver of any defense to the plaintiff’s c
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Civil Code - CIV - CIV § 1861.14
Civil Code - CIV - CIV § 1861.14
The determinations of the court under this article shall have no effect on the determination of any issues in the action, other than the issues relevant to proceedings under this article, nor shall they affect the rights of any party in any other action arising out of the same cl
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Civil Code - CIV - CIV § 1861.15
Civil Code - CIV - CIV § 1861.15
If the plaintiff fails to recover judgment in the action, he shall redeliver the property to the defendant, and be liable for all damages sustained by the defendant, which are proximately caused by operation of the temporary restraining order and preliminary injunction, if any, t
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Civil Code - CIV - CIV § 1861.16
Civil Code - CIV - CIV § 1861.16
(a) At or after the time he files an application for a writ of possession, the plaintiff may apply for a temporary restraining order by setting forth in the application a statement of grounds justifying the issuance of such order. (b) A temporary restraining order may issue ex pa
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Civil Code - CIV - CIV § 1861.17
Civil Code - CIV - CIV § 1861.17
In the discretion of the court, the temporary restraining order may prohibit the defendant from doing any or all of the following: (a) Transferring any interest in the property by sale, pledge, or grant of security interest, or otherwise disposing of, or encumbering, the property
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Civil Code - CIV - CIV § 1861.18
Civil Code - CIV - CIV § 1861.18
(a) At the time of levy, the levying officer shall deliver to the person in possession of the property a copy of the writ of possession, with a copy of the plaintiff’s undertaking attached. (b) If no one is in possession of the property at the time of levy, the levying officer sh
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Civil Code - CIV - CIV § 1861.19
Civil Code - CIV - CIV § 1861.19
(a) After the levying officer takes possession pursuant to the writ of possession, the levying officer shall keep the property in a secure place. Except as otherwise provided in Section 1861.6: (1) If notice of the filing of an undertaking for redelivery or notice of objection to
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Civil Code - CIV - CIV § 1861.20
Civil Code - CIV - CIV § 1861.20
The levying officer shall return the writ of possession, with his proceedings thereon, to the court in which the action is pending, within 30 days after a levy, but in no event more than 60 days after the writ is issued.
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Civil Code - CIV - CIV § 1861.21
Civil Code - CIV - CIV § 1861.21
The court shall not issue a temporary restraining order or a writ of possession until the plaintiff has filed with the court an undertaking. The undertaking shall provide that the sureties are bound to the defendant in the amount of the undertaking for the return of the property
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Civil Code - CIV - CIV § 1861.22
Civil Code - CIV - CIV § 1861.22
(a) The defendant may prevent the plaintiff from taking possession of property, pursuant to a writ of possession, or regain possession of property so taken, by filing with the court in which the action was brought an undertaking in an amount equal to the amount of the plaintiff’s
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Civil Code - CIV - CIV § 1861.23
Civil Code - CIV - CIV § 1861.23
(a) The defendant may object to the plaintiff’s undertaking not later than 10 days after levy of the writ of possession. The defendant shall mail notice of objection to the levying officer. (b) The plaintiff may object to the defendant’s undertaking not later than 10 days after t
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Civil Code - CIV - CIV § 1861.24
Civil Code - CIV - CIV § 1861.24
Unless the judgment is paid within 30 days from the date it becomes final, the plaintiff may sell the baggage and property at public auction to the highest bidder, after giving notice of the sale by publication. The notice shall contain the name of the debtor, the amount due, a b
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Civil Code - CIV - CIV § 1861.25
Civil Code - CIV - CIV § 1861.25
Where the property taken is claimed by a third person, the rules and proceedings applicable in cases of third-party claims under Division 4 (commencing with Section 720.010) of Title 9 of Part 2 of the Code of Civil Procedure apply.
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Civil Code - CIV - CIV § 1861.27
Civil Code - CIV - CIV § 1861.27
The facts stated in each affidavit filed pursuant to this article shall be set forth with particularity. Except where matters are specifically permitted by this article to be shown by information and belief, each affidavit shall show affirmatively that the affiant, if sworn as a
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Civil Code - CIV - CIV § 1861.28
Civil Code - CIV - CIV § 1861.28
The judicial duties to be performed under this article are “subordinate judicial duties” within the meaning of Section 22 of Article VI of the California Constitution, and may be performed by appointed officers such as court commissioners.
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Civil Code - CIV - CIV § 1861.5
Civil Code - CIV - CIV § 1861.5
(a) Upon the filing of a complaint, or at any time thereafter, the plaintiff may apply, pursuant to this article, for a writ of possession by filing an application for the writ with the court in which the action was filed. (b) The application shall be executed under oath and shal
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Civil Code - CIV - CIV § 1861.6
Civil Code - CIV - CIV § 1861.6
(a) Except as otherwise provided in this section, no writ shall be issued under this article except after a hearing on a noticed motion. (b) A writ of possession may be issued ex parte pursuant to this subdivision, if probable cause appears that the following conditions exist: (1
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Civil Code - CIV - CIV § 1861.7
Civil Code - CIV - CIV § 1861.7
Prior to the hearing required by subdivision (a) of Section 1861.6, the defendant shall be served with all of the following: (a) A copy of the summons and complaint. (b) Notice of application and hearing. (c) A copy of the application and any affidavit filed in support thereof.
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Civil Code - CIV - CIV § 1861.8
Civil Code - CIV - CIV § 1861.8
The “Notice of Application and Hearing” shall inform the defendant of all of the following: (a) The hearing will be held at a place and at a time, to be specified in the notice, on plaintiff’s application for writ of possession. (b) The writ shall be issued if the court finds tha
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Civil Code - CIV - CIV § 1861.9
Civil Code - CIV - CIV § 1861.9
Each party shall file with the court and serve upon the other party within the time prescribed by rule, any affidavits and points and authorities intended to be relied upon at the hearing. At the hearing, the court shall make its determination upon the basis of the pleadings and
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Civil Code - CIV - CIV § 1861a
Civil Code - CIV - CIV § 1861a
Keepers of furnished and unfurnished apartment houses, apartments, cottages, or bungalow courts shall have a lien upon the baggage and other property of value belonging to their tenants or guests, and upon all the right, title and interest of their tenants or guests in and to all
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Civil Code - CIV - CIV § 1862.5
Civil Code - CIV - CIV § 1862.5
Whenever any personal property has heretofore been found in or deposited with, or is hereafter found in or deposited with any licensed hospital and has remained or shall remain unclaimed for a period of 180 days following the departure of the owner from the hospital, such hospita
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Civil Code - CIV - CIV § 1863
Civil Code - CIV - CIV § 1863
(a) Every keeper of a hotel, inn, boardinghouse or lodginghouse, shall post in a conspicuous place in the office or public room, and in every bedroom of said hotel, boardinghouse, inn, or lodginghouse, a printed copy of this section, and a statement of rate or range of rates by t