California Code of Civil Procedure ARTICLE 2 - Writ of Possession

  • Section 512.010.
    (a) Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a writ of possession by...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...

Last modified: October 22, 2018