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California Code of Civil Procedure Section 715.020

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 715.020

715.020.  To execute the writ of possession of real property:
   (a) The levying officer shall serve a copy of the writ of
possession on one occupant of the property. Service on the occupant
shall be made by leaving the copy of the writ with the occupant
personally or, in the occupant's absence, with a person of suitable
age and discretion found upon the property when service is attempted
who is either an employee or agent of the occupant or a member of the
occupant's household.
   (b) If unable to serve an occupant described in subdivision (a) at
the time service is attempted, the levying officer shall execute the
writ of possession by posting a copy of the writ in a conspicuous
place on the property and serving a copy of the writ of possession on
the judgment debtor. Service shall be made personally or by mail. If
the judgment debtor's address is not known, the copy of the writ may
be served by mailing it to the address of the property.
   (c) If the judgment debtor, members of the judgment debtor's
household, and any other occupants holding under the judgment debtor
do not vacate the property within five days from the date of service
on an occupant pursuant to subdivision (a) or on the judgment debtor
pursuant to subdivision (b), the levying officer shall remove the
occupants from the property and place the judgment creditor in
possession. The provisions of Section 684.120 extending time do not
apply to the five-day period specified in this subdivision.
   (d) Notwithstanding subdivision (c), unless the person is named in
the writ, the levying officer may not remove any person from the
property who claims a right to possession of the property accruing
prior to the commencement of the unlawful detainer action or who
claims to have been in possession of the property on the date of the
filing of the unlawful detainer action. However, if the summons,
complaint, and prejudgment claim of right to possession were served
upon the occupants in accordance with Section 415.46, no occupant of
the premises, whether or not the occupant is named in the judgment
for possession, may object to the enforcement of the judgment as
prescribed in Section 1174.3.

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Last modified: March 17, 2014