Code of Civil Procedure - CCP - CCP § 512.040

Summary

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

Text

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 the plaintiff’s claim is probably valid and the other requirements for issuing the writ are established. The hearing is not for the purpose of determining whether the claim is actually valid. The determination of the actual validity of the claim will be made in
subsequent proceedings in the action and will not be affected by the decision at the hearing on the application for the writ.
(c)
If the defendant desires to oppose the issuance of the writ, he shall file with the court either an affidavit providing evidence sufficient to defeat the plaintiff’s right to issuance of the writ or an undertaking to stay the delivery of the property in accordance with Section 515.020.
(d)
The notice shall contain the following statement: “If you believe the plaintiff may not be entitled to possession of the property claimed, you may wish to seek the advice of an attorney. Such attorney should be consulted promptly so that he may assist you before the time set for the hearing.”

Retrieval chunks

• #1 | 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 the plaintiff’s claim is probably …