Claim and Delivery of Personal PropertyWrit of Possession

Section § 512.010

Explanation

If you are the plaintiff in a court case and want to get a writ of possession, you can apply for it when you file your complaint or any time later. You need to file a written application under oath showing several things: why you have a right to the property, how the defendant got the property and why they shouldn't have it, a specific description and value of the property, its location, and assurance that the property hasn't been legally taken for taxes or any other reason. You can include affidavits to support your application.

(a)CA Civil Procedure Code § 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 filing a written application for the writ with the court in which the action is brought.
(b)CA Civil Procedure Code § 512.010(b) The application shall be executed under oath and shall include all of the following:
(1)CA Civil Procedure Code § 512.010(b)(1) A showing of the basis of the plaintiff’s claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff’s claim is a written instrument, a copy of the instrument shall be attached.
(2)CA Civil Procedure Code § 512.010(b)(2) A showing that the property is wrongfully detained by the defendant, of the manner in which the defendant came into possession of the property, and, according to the best knowledge, information, and belief of the plaintiff, of the reason for the detention.
(3)CA Civil Procedure Code § 512.010(b)(3) A particular description of the property and a statement of its value.
(4)CA Civil Procedure Code § 512.010(b)(4) A statement, according to the best knowledge, information, and belief of the plaintiff, of the location of the property and, if the property, or some part of it, is within a private place which may have to be entered to take possession, a showing that there is probable cause to believe that such property is located there.
(5)CA Civil Procedure Code § 512.010(b)(5) A statement that the property has not been taken for a tax, assessment, or fine, pursuant to a statute; or seized under an execution against the property of the plaintiff; or, if so seized, that it is by statute exempt from such seizure.
(c)CA Civil Procedure Code § 512.010(c) The requirements of subdivision (b) may be satisfied by one or more affidavits filed with the application.
writ of possession plaintiff written application ...

Section § 512.020

Explanation

This law explains when a court can issue a writ of possession, which temporarily gives someone the right to take back their property. Normally, you have to have a hearing first, but in some urgent cases, the court can issue the writ without a hearing. This can happen if the property was stolen, if it's a credit card, or if it's business property that might be damaged or hidden. If you're the person from whom the property was taken, you can ask the court to cancel the writ and give the property back to you. If the court finds the writ was wrongfully issued, they'll return your property and may even compensate you for any harm caused.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 512.020(b) A writ of possession may be issued ex parte pursuant to this subdivision if probable cause appears that any of the following conditions exists:
(1)CA Civil Procedure Code § 512.020(b)(1) The defendant gained possession of the property by feloniously taking the property from the plaintiff. This subdivision shall not apply where the defendant has fraudulently appropriated property entrusted to him or obtained possession by false or fraudulent representation or pretense or by embezzlement.
(2)CA Civil Procedure Code § 512.020(b)(2) The property is a credit card.
(3)CA Civil Procedure Code § 512.020(b)(3) The defendant acquired possession of the property in the ordinary course of his trade or business for commercial purposes and:
(i)CA Civil Procedure Code § 512.020(b)(3)(i) The property is not necessary for the support of the defendant or his family; and
(ii)CA Civil Procedure Code § 512.020(b)(3)(ii) There is an immediate danger that the property will become unavailable to levy by reason of being transferred, concealed, or removed from the state or will become substantially impaired in value by acts of destruction or by failure to take care of the property in a reasonable manner; and
(iii)CA Civil Procedure Code § 512.020(b)(3)(iii) The ex parte issuance of a writ of possession is necessary to protect the property.
The plaintiff’s application for the writ shall satisfy the requirements of Section 512.010 and, in addition, shall include a showing that the conditions required by this subdivision exist. A writ of possession may issue if the court finds that the conditions required by this subdivision exist and the requirements of Section 512.060 are met. Where a writ of possession has been issued pursuant to this subdivision, a copy of the summons and complaint, a copy of the application and any affidavit in support thereof, and a notice which satisfies the requirements of subdivisions (c) and (d) of Section 512.040 and informs the defendant of his rights under this subdivision shall be served upon the defendant and any other person required by Section 514.020 to be served with a writ of possession. Any defendant whose property has been taken pursuant to a writ of possession issued under this subdivision may apply for an order that the writ be quashed and any property levied on pursuant to the writ be released. Such application shall be made by noticed motion, and the provisions of Section 512.050 shall apply. Pending the hearing on the defendant’s application, the court may order that delivery pursuant to Section 514.030 of any property previously levied upon be stayed. If the court determines that the plaintiff is not entitled to a writ of possession, the court shall quash the writ of possession and order the release and redelivery of any property previously levied upon, and shall award the defendant any damages sustained by him which were proximately caused by the levy of the writ of possession and the loss of possession of the property pursuant to such levy.
writ of possession ex parte property recovery ...

Section § 512.030

Explanation

Before a hearing takes place, the person being sued must receive several documents: the initial legal complaint, a notice about the upcoming application and hearing, and any supporting documents or statements. If the person hasn't responded to the lawsuit yet, these documents need to be handed to them personally in the same way that an official legal notice is delivered.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 512.030(a)(1) A copy of the summons and complaint.
(2)CA Civil Procedure Code § 512.030(a)(2) A Notice of Application and Hearing.
(3)CA Civil Procedure Code § 512.030(a)(3) A copy of the application and any affidavit in support thereof.
(b)CA Civil Procedure Code § 512.030(b) If the defendant has not appeared in the action, and a writ, notice, order, or other paper is required to be personally served on the defendant under this title, service shall be made in the same manner as a summons is served under Chapter 4 (commencing with Section 413.10) of Title 5.
summons complaint Notice of Application ...

Section § 512.040

Explanation

This law section requires that a Notice of Application and Hearing be sent to a defendant when someone is seeking a writ of possession, which is a court order to take possession of property. It explains that the notice must include details about the time and place of a hearing on this issue. At the hearing, the court doesn't decide if the claim is actually true, just whether it seems likely to be true. If the defendant wants to oppose it, they need to file either evidence or an alternate agreement with the court. The notice also advises the defendant to consult an attorney if they think the plaintiff might not have a right to the property.

The “Notice of Application and Hearing” shall inform the defendant of all of the following:
(a)CA Civil Procedure Code § 512.040(a) A hearing will be held at a place and at a time, to be specified in the notice, on plaintiff’s application for a writ of possession.
(b)CA Civil Procedure Code § 512.040(b) The writ will be issued if the court finds that the plaintiff’s claim is probably valid and the other requirements for issuing the writ are established. The hearing is not for the purpose of determining whether the claim is actually valid. The determination of the actual validity of the claim will be made in subsequent proceedings in the action and will not be affected by the decision at the hearing on the application for the writ.
(c)CA Civil Procedure Code § 512.040(c) If the defendant desires to oppose the issuance of the writ, he shall file with the court either an affidavit providing evidence sufficient to defeat the plaintiff’s right to issuance of the writ or an undertaking to stay the delivery of the property in accordance with Section 515.020.
(d)CA Civil Procedure Code § 512.040(d) The notice shall contain the following statement: “If you believe the plaintiff may not be entitled to possession of the property claimed, you may wish to seek the advice of an attorney. Such attorney should be consulted promptly so that he may assist you before the time set for the hearing.”
writ of possession Notice of Application and Hearing defendant ...

Section § 512.050

Explanation

Each side in a court case must file and share any documents or arguments they plan to use at a hearing by a certain deadline. When the hearing happens, the judge will make decisions based on these documents and anything else previously submitted. However, if there's a good reason, the judge can allow new evidence or documents to be introduced or even postpone the hearing to gather more information.

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 intended to be relied upon at the hearing. At the hearing, the court shall make its determinations upon the basis of the pleadings and other papers in the record; but, upon good cause shown, the court may receive and consider additional evidence and authority produced at the hearing or may continue the hearing for the production of such additional evidence, oral or documentary, or the filing of other affidavits or points and authorities.
affidavits points and authorities court hearing ...

Section § 512.060

Explanation

This section says that at a court hearing, a judge can order a writ of possession, which is a legal document allowing someone to take back property, if two things happen: the person asking for the writ shows they likely own the property, and they've met certain legal requirements in another section. Also, the judge won't issue an order to take property from a private place unless there's good reason to believe the property is actually there.

(a)CA Civil Procedure Code § 512.060(a) At the hearing, a writ of possession shall issue if both of the following are found:
(1)CA Civil Procedure Code § 512.060(a)(1) The plaintiff has established the probable validity of the plaintiff’s claim to possession of the property.
(2)CA Civil Procedure Code § 512.060(a)(2) The undertaking requirements of Section 515.010 are satisfied.
(b)CA Civil Procedure Code § 512.060(b) No writ directing the levying officer to enter a private place to take possession of any property shall be issued unless the plaintiff has established that there is probable cause to believe that the property is located there.
writ of possession probable validity property possession ...

Section § 512.070

Explanation

This law states that if the court issues a writ of possession, which is an order requiring a person to return property, the court can also order the defendant to give the property back to the plaintiff. It warns the defendant that if they don't comply, they could be found in contempt of court, which means they could face legal penalties for disobeying the court's order.

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 plaintiff. Such order shall contain a notice to the defendant that failure to turn over possession of such property to plaintiff may subject the defendant to being held in contempt of court.
writ of possession transfer possession defendant ...

Section § 512.080

Explanation

This law outlines the requirements for a writ of possession, which is a legal document used to reclaim property. It must be addressed to the officer responsible for the area where the property is located and describe what is to be seized. It should also list any private areas that can be entered to retrieve the property. The officer is instructed to hold the property until it's returned or sold, and a notice must inform the defendant of their right to dispute the plaintiff's claim or get the property back by offering a security bond.

The writ of possession shall meet all of the following requirements:
(a)CA Civil Procedure Code § 512.080(a) Be directed to the levying officer within whose jurisdiction the property is located.
(b)CA Civil Procedure Code § 512.080(b) Describe the specific property to be seized.
(c)CA Civil Procedure Code § 512.080(c) Specify any private place that may be entered to take possession of the property or some part of it.
(d)CA Civil Procedure Code § 512.080(d) Direct the levying officer to levy on the property pursuant to Section 514. 010 if found and to retain it in custody until released or sold pursuant to Section 514.030.
(e)CA Civil Procedure Code § 512.080(e) Inform the defendant of the right to object to the plaintiff’s undertaking, a copy of which shall be attached to the writ, or to obtain redelivery of the property by filing an undertaking as prescribed by Section 515.020.
writ of possession levying officer property seizure ...

Section § 512.090

Explanation

This law allows a plaintiff to ask the court for permission to have a levying officer seize property from a private location not mentioned in the original order. The court will approve this request if the plaintiff can prove there's a good reason to think the property is there, using an affidavit, which is a written statement made under oath.

(a)CA Civil Procedure Code § 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 levying officer to seize the property at a private place not specified in the writ.
(b)CA Civil Procedure Code § 512.090(b) The court shall make the endorsement if the plaintiff establishes by affidavit that there is probable cause to believe that the property or some part of it may be found at that place.
plaintiff application ex parte endorsement ...

Section § 512.100

Explanation

This law section clarifies that if a defendant doesn't fight against a request for a writ of possession or doesn't argue against evidence presented by the plaintiff, it doesn't mean they've given up their right to defend themselves. They can still bring up any defenses or evidence during the actual trial.

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 produced by the plaintiff in connection with proceedings under this chapter shall constitute a waiver of any defense to plaintiff’s claim in the action or any other action or have any effect on the right of the defendant to produce or exclude evidence at the trial of any such action.
defendant rights writ of possession evidence rebuttal ...

Section § 512.110

Explanation

This law says that decisions made by the court in this specific process do not influence any other issues related to the case outside of this process. These decisions don't affect any rights in other cases linked to the same issue. Also, you can't use or mention these particular court decisions as evidence in trials for those other related cases.

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 relevant to proceedings under this chapter, nor shall they affect the rights of any party in any other action arising out of the same claim. The determinations of the court under this chapter shall not be given in evidence nor referred to in the trial of any such action.
court determinations issues in action rights of parties ...

Section § 512.120

Explanation

If someone sues another and temporarily takes their property with a court's permission but then loses the lawsuit, they have to give the property back and pay for any damages the other person suffered because of losing possession of it.

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 by the defendant which are proximately caused by operation of the temporary restraining order and preliminary injunction, if any, the levy of the writ of possession, and the loss of possession of the property pursuant to levy of the writ of possession or in compliance with an order issued under Section 512.070.
plaintiff fails to recover redeliver property liable for damages ...