Enforcement of Nonmoney JudgmentsJudgment for Possession of Real Property

Section § 715.010

Explanation

This law explains how a court judgment allowing someone to take possession of a property is enforced. A document called a writ of possession is issued, explaining that the property must be vacated within five days, or the occupants will be removed. It needs specific information, like a description of the property, dates for objections, and details about any personal items left behind. If items are left, they can be sold unless the owner reclaims them by paying storage costs within 15 days. This document also covers who the writ applies to, like tenants and subtenants, and requires certain paperwork to be provided to the occupants at the time of serving.

(a)CA Civil Procedure Code § 715.010(a) A judgment for possession of real property may be enforced by a writ of possession of real property issued pursuant to Section 712.010. The application for the writ shall provide a place to indicate that the writ applies to all tenants, subtenants, if any, name of claimants, if any, and any other occupants of the premises.
(b)CA Civil Procedure Code § 715.010(b) In addition to the information required by Section 712.020, the writ of possession of real property shall contain the following:
(1)CA Civil Procedure Code § 715.010(b)(1) A description of the real property, possession of which is to be delivered to the judgment creditor in satisfaction of the judgment.
(2)CA Civil Procedure Code § 715.010(b)(2) A statement that if the real property is not vacated within five days from the date of service of a copy of the writ on the occupant or, if the copy of the writ is posted, within five days from the date a copy of the writ is served on the judgment debtor, the levying officer will remove the occupants from the real property and place the judgment creditor in possession.
(3)CA Civil Procedure Code § 715.010(b)(3) A statement that any personal property, except a mobilehome, remaining on the real property after the judgment creditor has been placed in possession will be sold or otherwise disposed of in accordance with Section 1174 unless the judgment debtor or other owner pays the judgment creditor the reasonable cost of storage and takes possession of the personal property not later than 15 days after the time the judgment creditor takes possession of the real property.
(4)CA Civil Procedure Code § 715.010(b)(4) The date the complaint was filed in the action that resulted in the judgment of possession.
(5)CA Civil Procedure Code § 715.010(b)(5) The date or dates on which the court will hear objections to enforcement of a judgment of possession that are filed pursuant to Section 1174.3, unless a summons, complaint, and prejudgment claim of right to possession were served upon the occupants in accordance with Section 415.46.
(6)CA Civil Procedure Code § 715.010(b)(6) The daily rental value of the property as of the date the complaint for unlawful detainer was filed unless a summons, complaint, and prejudgment claim of right of possession were served upon the occupants in accordance with Section 415.46.
(7)CA Civil Procedure Code § 715.010(b)(7) If a summons, complaint, and prejudgment claim of right to possession were served upon the occupants in accordance with Section 415.46, a statement that the writ applies to all tenants, subtenants, if any, named claimants, if any, and any other occupants of the premises.
(c)CA Civil Procedure Code § 715.010(c) At the time the writ of possession is served or posted, the levying officer shall also serve or post a copy of the form for a claim of right to possession, unless a summons, complaint, and prejudgment claim of right to possession were served upon the occupants in accordance with Section 415.46.
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Section § 715.020

Explanation

This law explains the process for executing a writ of possession to regain control of real property. If there are occupants, a copy of the writ must be given to someone on the property who is of suitable age and discretion. If that isn’t possible, the writ can be posted on the property and sent by mail if the debtor's address is unknown. If occupants, including the debtor, don't leave within five days, they can be removed by an officer to grant possession to the creditor. However, certain people claiming rights from before the eviction can't be removed unless previously notified according to specific procedures.

To execute the writ of possession of real property:
(a)CA Civil Procedure Code § 715.020(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)CA Civil Procedure Code § 715.020(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)CA Civil Procedure Code § 715.020(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)CA Civil Procedure Code § 715.020(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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Section § 715.030

Explanation

This section explains what happens to personal belongings left behind when someone who wins a lawsuit takes over a property. Essentially, rules about how landlords handle tenants' leftover property now apply to the winning party and the losing party of the lawsuit, respectively.

The disposition of personal property remaining on the real property after the judgment creditor is placed in possession thereof pursuant to the writ of possession is governed by subdivisions (e) to (m), inclusive, of Section 1174. For this purpose, references in Section 1174 and in provisions incorporated by reference in Section 1174 to the “landlord” shall be deemed to be references to the judgment creditor and references to the “tenant” shall be deemed to be references to the judgment debtor or other occupant.
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Section § 715.040

Explanation

This law lets a registered process server take over executing a writ of possession for real estate if the sheriff or marshal doesn't act on it within three days (excluding weekends and holidays). Once the process server takes action, they have five days to file certain documents, including the writ and proof of service, with the officer responsible for enforcing the writ. The officer then completes any remaining tasks and returns the writ to the court. The process server's fee can potentially be covered as a recoverable cost if the court agrees.

(a)CA Civil Procedure Code § 715.040(a) A registered process server may execute the writ of possession of real property as provided in subdivisions (a) and (b) of Section 715.020 if a proper writ of possession is delivered to the sheriff or marshal and that officer does not execute the writ as provided in subdivisions (a) and (b) of Section 715.020 within three days (Saturday, Sunday, and legal holidays excluded) from the day the writ is delivered to that officer. If the writ is not executed within that time, the levying officer shall upon request give the writ to the judgment creditor or to a registered process server designated by the judgment creditor.
(b)CA Civil Procedure Code § 715.040(b) Within five days after executing the writ under this section, all of the following shall be filed with the levying officer:
(1)CA Civil Procedure Code § 715.040(b)(1) The writ of possession of real property.
(2)CA Civil Procedure Code § 715.040(b)(2) An affidavit of the registered process server stating the manner in which the writ was executed.
(3)CA Civil Procedure Code § 715.040(b)(3) Proof of service of the writ.
(4)CA Civil Procedure Code § 715.040(b)(4) Instructions in writing, as required by the provisions of Section 687.010.
(c)CA Civil Procedure Code § 715.040(c) If the writ is executed by a registered process server, the levying officer shall perform all other duties under the writ and shall return the writ to the court.
(d)CA Civil Procedure Code § 715.040(d) The fee for services of a registered process server under this section may, in the court’s discretion, be allowed as a recoverable cost upon a motion pursuant to Section 685.080. If allowed, the amount of the fee to be allowed is governed by Section 1033.5.
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Section § 715.050

Explanation

This law states that if a court orders someone to leave a property through an unlawful detainer action (basically an eviction), the eviction should happen right away even if the tenant files for bankruptcy. However, this doesn’t apply to evictions involving mobilehomes or homes in mobilehome parks, which have their own specific rules and protections.

Except with respect to enforcement of a judgment for money, a writ of possession issued pursuant to a judgment for possession in an unlawful detainer action shall be enforced pursuant to this chapter without delay, notwithstanding receipt of notice of the filing by the defendant of a bankruptcy proceeding.
This section does not apply to a writ of possession issued for possession of a mobilehome or manufactured home, as those terms are defined in subdivision (a) of Section 1161a, and does not apply to a writ of possession issued for possession of real property in a mobilehome park subject to the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), or to a manufactured housing community, as defined in Section 18801 of the Health and Safety Code.
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