Article 4State of Emergency
Section § 1859
This law says that people who run places like hotels, hospitals, or boarding houses are responsible for guests' personal property as a 'depositary for hire', meaning they are paid to keep things safe. However, their liability is limited. They can't be responsible for more than $1,000 total for lost or damaged items unless they agree in writing to more. The most they can be responsible for is $500 for a trunk and its contents, $250 each for a suitcase, box, or bag, and $250 for any other personal items.
Section § 1860
This law says that if a hotel or a similar business provides a fireproof safe for guests and informs them about it, either personally or through a visible notice, they aren't responsible for the loss of certain small, valuable items like money or jewelry unless those items are placed in the safe. The business's liability is limited to $500 for any loss if the items weren't deposited in the safe, unless they gave a written receipt for the items.
Section § 1861
If you stay at a hotel, motel, inn, or similar place and owe money for your stay, the hotel can hold onto your belongings until you pay what you owe. This is called a lien. Before the hotel can sell your things to get their money back, they need a court judgment. If your stuff was borrowed or belonged to someone else when the charges were incurred, the hotel can't keep it. Also, certain personal items that are protected by other laws can't be part of this lien.
Section § 1861a
This law allows landlords or managers of furnished and unfurnished apartments, cottages, or bungalow courts to have a lien, which is a legal claim, on a tenant's or guest's belongings if they owe money for rent, services, or other expenses. To enforce this lien, landlords must first win a court judgment. During this process, they may be allowed to take possession of the tenant's or guest's property if there's a risk it will be damaged or removed. If the debt isn't paid after a court decision, the landlord can auction the possessions. They must notify the debtor 15 days before the sale. After selling the items, any leftover money goes to the tenant or the county treasury if unclaimed. Property exempt from money judgment cannot be liened.
Section § 1861.1
This section defines key terms used in related laws about boarding and lodging. It clarifies what constitutes a hotel, motel, inn, boardinghouse, or lodginghouse keeper, essentially anyone offering paid accommodations. It also defines a 'levying officer' as a sheriff or marshal responsible for carrying out a court order to reclaim property. Additionally, the term 'plaintiff' is identified as anyone who files a legal complaint or counterclaim. Lastly, 'probable validity' is explained as the likelihood that the plaintiff will win the case against the defendant.
Section § 1861.10
If you're in a situation where someone wants to reclaim possession of property like what's in a hotel or boardinghouse, they must meet several conditions at a hearing. First, they have to show a good reason (probable validity) for claiming the property. Second, they need proof that the property is actually on the premises. Lastly, a bond or guarantee, known as an undertaking, is required. A writ allows property to be reclaimed only if there's probable cause to believe the property is there.
Section § 1861.12
This law explains how a writ of possession should be handled. It's a legal order specifying that an officer should seize property from a specific location. The order must describe the property and locations like an apartment or motel where the property can be found. The officer must keep the property until it's either released or sold. It also informs the defendant, who is the person losing the property, about their right to challenge the order or retrieve their property by following certain procedures.
Section § 1861.13
This law says that if a defendant doesn't fight against a writ of possession—essentially a court order about property—or doesn't challenge evidence the plaintiff presents, it doesn't mean they're giving up their right to defend themselves later. They can still bring up defenses and present or challenge evidence in future trials or related actions.
Section § 1861.14
This law says that decisions made by the court for this specific article don't impact any other issues in the case, only the ones relevant to this article. Additionally, these decisions can't be used as evidence or mentioned in any trial related to the same claim.
Section § 1861.15
If someone sues to get property back but loses the case, they must return the property to the original owner and pay for any damages caused by things like temporary restraining orders, getting a writ of possession, or taking the property temporarily.
Section § 1861.16
This law talks about how a person (the plaintiff) can ask the court for a temporary restraining order when they want to take back possession of some property. To get this order without notifying the other party (ex parte), the plaintiff must show they likely own the property, have provided a legal promise (an undertaking), and that there's a risk the property might be hidden, moved, or damaged. If the court hearing decides that the plaintiff doesn't have the right to take the property, any temporary order is canceled. Otherwise, a longer restraining order can be put in place until the property is officially reclaimed.
Section § 1861.17
This law section allows a court to issue a temporary restraining order to prevent someone from handling certain property in ways that could affect legal proceedings. It can stop them from selling or giving away the property, hiding it to avoid legal seizure, or damaging its value through neglect or damage.
Section § 1861.18
This law explains what happens when an officer takes possession of property on behalf of someone who has won a court order. If someone is there when the officer arrives, they must be given the court order and a statement showing the winner's promise to follow through. If no one is there, the officer must give these documents to the defendant later. If the defendant has already participated in the lawsuit, they get the documents in the usual way for legal papers. If they haven't, they get them as they would a formal notice to start a lawsuit.
Section § 1861.19
This law is about what happens to property after a court order called a 'writ of possession' is issued. After a sheriff or officer takes the property, the officer keeps it secure. If no one objects to this within 10 days, the officer can give it back to the person who won the case if they pay certain fees. If someone challenges the process or tries to get the property returned, then the officer holds onto it until the issue is resolved. The court can also order the sale of the property if it's at risk of losing value, unless there’s an agreement between the parties. The money from the sale would be held until the court decides who wins the case.
Section § 1861.20
This law says that when a levying officer takes action to seize property based on a writ of possession, they must report back to the court with what they've done within 30 days of seizing the property. However, they absolutely have to report back within 60 days after the writ was first issued, no matter what.
Section § 1861.21
Before a court can issue a temporary restraining order or give someone possession of property, the person asking for it must file a guarantee called an 'undertaking.' This guarantee involves backing up the promise to return the property if ordered by the court and paying any other losses if they lose the case. The amount of this promise must be at least double the value of the property in question.
Section § 1861.22
This section explains how a defendant can prevent or reverse the possession of their property by a plaintiff. If a writ of possession has been issued, the defendant can file an undertaking with the court, which is a type of financial guarantee. This undertaking must be equal to what the plaintiff is required to pay by another section of the law. It assures that if the plaintiff wins, the defendant will cover all costs and damages related to not having the property. The defendant can file this undertaking any time before or after the writ is enforced and must send a copy to the officer enforcing the writ. If the undertaking is not challenged, the officer or plaintiff must return the property to the defendant. If there is an objection, another section will determine what happens next.
Section § 1861.23
This law section describes what happens when someone objects to a legal promise, called an 'undertaking,' during a legal dispute about possession of property. If you're the person being sued (the defendant), you have 10 days after the property is taken to object, and if you're the one suing (the plaintiff), you have 10 days after the defendant's undertaking is filed to do the same. If the court finds the plaintiff's promise isn't good enough and they don't fix it in time, any restraining orders or claims to possession are canceled, and the property goes back to the defendant. But if it's sufficient, the property stays with or goes to the plaintiff. On the flip side, if the defendant's promise isn't sufficient and they don't fix it, the property goes to or stays with the plaintiff; if it is sufficient, it goes to the defendant.
Section § 1861.24
If a judgment isn’t paid within 30 days, the person owed money (the plaintiff) can sell the debtor’s baggage or property at a public auction. They must publish a notice with details about the debtor, the debt, and the auction. A copy of this notice should be mailed to the debtor at least 15 days before the sale. After deducting costs, leftover auction money goes to the county treasury if not claimed within a year, then into the county’s general fund. Once sold, the debtor can't sue to get the property back.
Section § 1861.25
If someone else says they own property that has been taken, the same rules that apply to third-party property claims in a different part of the law should be followed. These rules are found starting at Section 720.010 in the Code of Civil Procedure.
Section § 1861.27
This section requires that affidavits related to this article clearly and specifically state the facts. The person making the affidavit must be able to truthfully and knowledgeably testify about these facts if they were a witness. Anyone who knows the facts, not just those involved in the case, can make the affidavit. Additionally, a verified complaint that meets these conditions can replace or accompany a typical affidavit.
Section § 1861.28
This section clarifies that certain court-related tasks mentioned here are considered "subordinate judicial duties" and can be handled by appointed officers like court commissioners, instead of judges.
Section § 1861.5
This law section outlines the process for a plaintiff to request a writ of possession, which is a legal document that allows them to reclaim possession of property they're entitled to. First, the plaintiff must file an application with the same court handling their case. The application needs to be under oath and include several things: why the plaintiff has a right to the property, a general description with its estimated value, and how much money is owed by the other party like a guest or tenant. The necessary information can be provided through sworn statements known as affidavits.
Section § 1861.6
This section of the law outlines the rules for issuing a 'writ of possession,' which allows someone, usually a lender or landlord, to take possession of property. Normally, a hearing is required for this to happen. However, it can sometimes be issued without one if it is urgent and meets certain conditions: the property isn’t essential for the defendant’s support, there's a risk it could be hidden or destroyed, and the person asking for it has a good reason to claim it. The defendant must be notified and can challenge the writ. If the court decides the writ was wrongly issued, the defendant can get the property back and might be awarded damages.
Section § 1861.7
Before a specific court hearing, the defendant must get several important documents. These include a copy of the summons and complaint, a notice about the application and hearing, and a copy of the application along with any supporting affidavits submitted.
Section § 1861.8
Section § 1861.9
This law explains that before a court hearing, each side must share with the court and each other any written statements and legal arguments they plan to use. At the hearing, the court will make decisions based on these documents, but if there’s a good reason, the court can allow more evidence and arguments to be presented or postpone the hearing to gather more information.
Section § 1862.5
Section § 1863
If you own a hotel, inn, or similar place, you must post the room rates clearly in the entrance area and each bedroom. You can't charge more than this listed rate. If you do, the guest can claim either $100 or triple the extra amount they were overcharged, whichever is higher, but they need to tell you within 30 days of paying. You must then fix the overcharge to avoid the penalty.
Section § 1864
This law is about how people or companies, such as those working for real estate brokers, handle short-term rental reservations and payments in certain types of properties, like condos, apartments, and homes. They must keep detailed financial records, follow agreements with property owners, and maintain a trust account for the rental money. Each month, they must give property owners an account of money transactions and must allow property owners to inspect these records, which should be kept for at least three years. They also need to comply with any local taxes on short-term stays. However, these activities don't classify them under a separate set of real estate business laws, though licensed real estate agents can comply by following the Real Estate Law.
Section § 1865
This law explains the rights of hotel owners or managers, called innkeepers, to evict guests who don't leave by the checkout time, as long as they were warned in writing and another guest has a right to the room. It also describes how innkeepers can manage situations involving minors. If a minor is unaccompanied, innkeepers can ask a responsible adult to agree to cover any costs or damages. If a minor is staying with an adult, the innkeeper can require the adult to not leave the minor unattended and to ensure they behave properly during the stay.
Section § 1866
This law outlines the rules for evicting guests from special occupancy parks, like campsites or RV parks. Park management can make guests leave if they don't check out on time, especially if the space is needed for new arrivals. Guests must be warned in writing and offered alternative options if available. If they still don't leave, park management can remove their belongings. For vehicles, there's a face-to-face warning about the cost of towing, and guests get an extra two hours to move. If a guest can't move their vehicle due to physical issues or mechanical problems, they get 72 extra hours. Special rules apply for minors, and the adult with them must take responsibility for their actions and ensure they're not left alone.
Section § 1867
In special occupancy parks, the management can ask a guest to move to a different space if there's an immediate danger threatening their health or safety. After the danger is resolved, the guest should be allowed to return to their original space if possible. The section also clarifies what constitutes as 'space' and 'imminent danger' along with defining a 'special occupancy park.'
Section § 2968
This law defines key terms like 'mortgage servicer,' 'property,' and emergency statuses for its application. It requires a mortgage servicer handling loans in areas declared as emergencies to pass on written agreements with borrowers about using insurance to fix disaster-damaged homes to any new servicers. New servicers can't break these pre-existing agreements without approval. Additionally, it's okay for servicers to share records about repairing damage not linked to declared emergencies.