Claim and Delivery of Personal PropertyUndertakings

Section § 515.010

Explanation

In California, when someone wants to take temporary possession of property through a court order, they must first provide a financial guarantee called an 'undertaking.' This undertaking assures that if the property must be returned or if any financial obligation arises, it will be covered. The amount of this guarantee should be at least twice the value of the defendant's property interest. However, if the court decides that the defendant has no claim to the property, the plaintiff doesn't need to provide this guarantee. Instead, the court will decide on an appropriate amount for the defendant's financial protection.

(a)CA Civil Procedure Code § 515.010(a) Except as provided in subdivision (b), the court shall not issue a temporary restraining order or a writ of possession until the plaintiff has filed an undertaking with the court . The undertaking shall provide that the sureties are bound to the defendant for the return of the property to the defendant, if return of the property is ordered, and for the payment to the defendant of any sum recovered against the plaintiff. The undertaking shall be in an amount not less than twice the value of the defendant’s interest in the property or in a greater amount. The value of the defendant’s interest in the property is determined by the market value of the property less the amount due and owing on any conditional sales contract or security agreement and all liens and encumbrances on the property, and any other factors necessary to determine the defendant’s interest in the property.
(b)CA Civil Procedure Code § 515.010(b) If the court finds that the defendant has no interest in the property, the court shall waive the requirement of the plaintiff’s undertaking and shall include in the order for issuance of the writ the amount of the defendant’s undertaking sufficient to satisfy the requirements of subdivision (b) of Section 515.020.
temporary restraining order writ of possession undertaking ...

Section § 515.020

Explanation

If someone has taken or is trying to take your belongings through a legal process, you can stop it or get them back by putting up a financial guarantee with the court. This amount is usually the same as what the other party had to put up. Your guarantee means you'll cover any costs or damages if you lose the case. You can do this at any point before or after the process starts, and you need to send a copy to the officer handling the case. If there's no dispute over your guarantee, you'll get your belongings back. If there is a dispute, additional rules apply.

(a)CA Civil Procedure Code § 515.020(a) The defendant may prevent the plaintiff from taking possession of property pursuant to a writ of possession or regain possession of property so taken by filing with the court in which the action was brought an undertaking in an amount equal to the amount of the plaintiff’s undertaking pursuant to subdivision (a) of Section 515.010 or in the amount determined by the court pursuant to subdivision (b) of Section 515.010.
(b)CA Civil Procedure Code § 515.020(b) The undertaking shall state that, if the plaintiff recovers judgment on the action, the defendant shall pay all costs awarded to the plaintiff and all damages that the plaintiff may sustain by reason of the loss of possession of the property. The damages recoverable by the plaintiff pursuant to this section shall include all damages proximately caused by the plaintiff’s failure to gain or retain possession.
(c)CA Civil Procedure Code § 515.020(c) The defendant’s undertaking may be filed at any time before or after levy of the writ of possession. A copy of the undertaking shall be mailed to the levying officer.
(d)CA Civil Procedure Code § 515.020(d) If an undertaking for redelivery is filed and the defendant’s undertaking is not objected to, the levying officer shall deliver the property to the defendant, or, if the plaintiff has previously been given possession of the property, the plaintiff shall deliver the property to the defendant. If an undertaking for redelivery is filed and the defendant’s undertaking is objected to, the provisions of Section 515.030 apply.
writ of possession undertaking financial guarantee ...

Section § 515.030

Explanation
This section explains what happens if either the plaintiff or the defendant objects to the other's financial promise (called an 'undertaking') in a legal dispute over possession of property. Both have 10 days to submit their objection after specific events occur. If a court finds the plaintiff's or defendant's undertaking insufficient and they don't fix it in time, the property must be returned to the original party. If the undertaking is found sufficient, the property is delivered to the party who filed it correctly.
(a)CA Civil Procedure Code § 515.030(a) The defendant may object to the plaintiff’s undertaking not later than 10 days after levy of the writ of possession. The defendant shall mail notice of objection to the levying officer.
(b)CA Civil Procedure Code § 515.030(b) The plaintiff may object to the defendant’s undertaking not later than 10 days after the defendant’s undertaking is filed. The plaintiff shall mail notice of objection to the levying officer.
(c)CA Civil Procedure Code § 515.030(c) If the court determines that the plaintiff’s undertaking is insufficient and a sufficient undertaking is not filed within the time required by statute, the court shall vacate the temporary restraining order or preliminary injunction, if any, and the writ of possession and, if levy has occurred, order the levying officer or the plaintiff to return the property to the defendant. If the court determines that the plaintiff’s undertaking is sufficient, the court shall order the levying officer to deliver the property to the plaintiff.
(d)CA Civil Procedure Code § 515.030(d) If the court determines that the defendant’s undertaking is insufficient and a sufficient undertaking is not filed within the time required by statute, the court shall order the levying officer to deliver the property to the plaintiff, or, if the plaintiff has previously been given possession of the property, the plaintiff shall retain possession. If the court determines that the defendant’s undertaking is sufficient, the court shall order the levying officer or the plaintiff to deliver the property to the defendant.
objection to undertaking plaintiff undertaking defendant undertaking ...