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Code of Civil Procedure - CCP - CCP § 512.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 512.020

(a) Except as otherwise provided in this section, no writ shall be issued under this chapter 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 any of the following conditions exi

Code of Civil Procedure - CCP - CCP § 512.030

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 512.030

(a) Prior to the hearing required by subdivision (a) of Section 512.020, the defendant shall be served with all of the following: (1) A copy of the summons and complaint. (2) A Notice of Application and Hearing. (3) A copy of the application and any affidavit in support thereof.

Code of Civil Procedure - CCP - CCP § 512.040

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 512.040

The “Notice of Application and Hearing” shall inform the defendant of all of the following: (a) A hearing will be held at a place and at a time, to be specified in the notice, on plaintiff’s application for a writ of possession. (b) The writ will be issued if the court finds that

Code of Civil Procedure - CCP - CCP § 512.050

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 512.050

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 determinations upon the basis of the pleadings and

Code of Civil Procedure - CCP - CCP § 512.060

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 512.060

(a) At the hearing, a writ of possession shall issue if both of the following are found: (1) The plaintiff has established the probable validity of the plaintiff’s claim to possession of the property. (2) The undertaking requirements of Section 515.010 are satisfied. (b) No writ

Code of Civil Procedure - CCP - CCP § 512.070

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 512.070

If a writ of possession is issued, the court may also issue an order directing the defendant to transfer possession of the property to the plaintiff. Such order shall contain a notice to the defendant that failure to turn over possession of such property to plaintiff may subject

Code of Civil Procedure - CCP - CCP § 512.080

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 512.080

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) Describe the specific property to be seized. (c) Specify any private place that may be entered to take possession of

Code of Civil Procedure - CCP - CCP § 512.090

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 512.090

(a) The plaintiff may apply ex parte in writing to the court in which the action was brought for an endorsement on the writ directing the levying officer to seize the property at a private place not specified in the writ. (b) The court shall make the endorsement if the plaintiff

Code of Civil Procedure - CCP - CCP § 512.100

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 512.100

Neither the failure of the defendant to oppose the issuance of a writ of possession under this chapter nor his failure to rebut any evidence produced by the plaintiff in connection with proceedings under this chapter shall constitute a waiver of any defense to plaintiff’s claim i

Code of Civil Procedure - CCP - CCP § 512.110

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 512.110

The determinations of the court under this chapter shall have no effect on the determination of any issues in the action other than the issues relevant to proceedings under this chapter, nor shall they affect the rights of any party in any other action arising out of the same cla

Code of Civil Procedure - CCP - CCP § 512.120

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 512.120

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, the

Code of Civil Procedure - CCP - CCP § 513.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 513.010

(a) Except as otherwise provided by this chapter, the provisions of Chapter 3 (commencing with Section 525) of this title relating to the issuance of a temporary restraining order apply. At or after the time he files his application for writ of possession, the plaintiff may apply

Code of Civil Procedure - CCP - CCP § 513.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 513.020

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

Code of Civil Procedure - CCP - CCP § 514.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 514.010

(a) Except as otherwise provided in this section, upon receipt of the writ of possession the levying officer shall search for and take custody of the specified property, if it be in the possession of the defendant or his agent, either by removing the property to a place of safeke

Code of Civil Procedure - CCP - CCP § 514.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 514.020

(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, a copy of the plaintiff’s undertaking, if any, and a copy of the order for issuance of the writ. (b) If no one is in possession of the property

Code of Civil Procedure - CCP - CCP § 514.030

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 514.030

(a) After the levying officer takes possession pursuant to a writ of possession, the levying officer shall keep the property in a secure place. Except as otherwise provided by Sections 512.020 and 514.050: (1) If notice of the filing of an undertaking for redelivery or notice of

Code of Civil Procedure - CCP - CCP § 514.040

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 514.040

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 levy but in no event more than 60 days after the writ is issued.

Code of Civil Procedure - CCP - CCP § 514.050

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 514.050

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 apply.

Code of Civil Procedure - CCP - CCP § 515.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 515.010

(a) Except as provided in subdivision (b), the court shall not issue a temporary restraining order or a writ of possession until the plaintiff has filed an undertaking with the court . The undertaking shall provide that the sureties are bound to the defendant for the return of th

Code of Civil Procedure - CCP - CCP § 515.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 515.020

(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 un

Code of Civil Procedure - CCP - CCP § 515.030

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 515.030

(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

Code of Civil Procedure - CCP - CCP § 516.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 516.010

The Judicial Council may provide by rule for the practice and procedure in proceedings under this chapter.

Code of Civil Procedure - CCP - CCP § 516.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 516.020

The Judicial Council shall prescribe the form of the applications, notices, orders, and other documents required by this chapter.

Code of Civil Procedure - CCP - CCP § 516.030

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 516.030

The facts stated in each affidavit filed pursuant to this chapter shall be set forth with particularity. Except where matters are specifically permitted by this chapter to be shown by information and belief, each affidavit shall show affirmatively that the affiant, if sworn as a

Code of Civil Procedure - CCP - CCP § 516.040

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 516.040

The judicial duties to be performed under this chapter 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.