reglab/housing_qa huggingface dataset:
CA Civ Pro Code § 512.060 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS|CHAPTER 2 - Claim and Delivery of Personal Property|ARTICLE 2 - Writ of Possession|Section 512.060.

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 claim to possession of the property.(2) The undertaking requirements of Section 515.010 are satisfied.(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.(Amended by Stats. 2002, Ch. 68, Sec. 1. Effective January 1, 2003.)
CA Civ Pro Code § 512.070 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS|CHAPTER 2 - Claim and Delivery of Personal Property|ARTICLE 2 - Writ of Possession|Section 512.070.

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 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.(Amended by Stats. 1976, Ch. 145.)
CA Civ Pro Code § 512.080 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS|CHAPTER 2 - Claim and Delivery of Personal Property|ARTICLE 2 - Writ of Possession|Section 512.080.

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 property to be seized.(c) Specify any private place that may be entered to take possession of the property or some part of it.(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) 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.(Amended by Stats. 1982, Ch. 517, Sec. 118.)
CA Civ Pro Code § 512.090 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS|CHAPTER 2 - Claim and Delivery of Personal Property|ARTICLE 2 - Writ of Possession|Section 512.090.

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) 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.(Added by Stats. 1973, Ch. 526.)
CA Civ Pro Code § 512.100 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS|CHAPTER 2 - Claim and Delivery of Personal Property|ARTICLE 2 - Writ of Possession|Section 512.100.

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 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.(Added by Stats. 1973, Ch. 526.)
CA Civ Pro Code § 512.110 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS|CHAPTER 2 - Claim and Delivery of Personal Property|ARTICLE 2 - Writ of Possession|Section 512.110.

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 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.(Added by Stats. 1973, Ch. 526.)
CA Civ Pro Code § 512.120 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS|CHAPTER 2 - Claim and Delivery of Personal Property|ARTICLE 2 - Writ of Possession|Section 512.120.

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 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.(Added by Stats. 1973, Ch. 526.)
CA Civ Pro Code § 513.010 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS|CHAPTER 2 - Claim and Delivery of Personal Property|ARTICLE 3 - Temporary Restraining Order|Section 513.010.

513.010.  (a) Except as otherwise provided by this chapter, the provisions of Chapter 3 (commencing with Section 525) of this title relating to the issuance of a temporary restraining order apply. At or after the time he files his application for writ of possession, the plaintiff may apply for a temporary restraining order by setting forth in the application a statement of grounds justifying the issuance of such order.(b) A temporary restraining order may issue ex parte if all of the following are found:(1) The plaintiff has established the probable validity of his claim to possession of the property.(2) The plaintiff has provided an undertaking as required by Section 515.010. (3) The plaintiff has established the probability that there is an immediate danger that the property claimed may become unavailable to levy by reason of being transferred, concealed, or removed or may become substantially impaired in value.(c) If at the hearing on issuance of the writ of possession the court determines that the plaintiff is not entitled to a writ of possession, the court shall dissolve any temporary restraining order; otherwise, the court may issue a preliminary injunction to remain in effect until the property claimed is seized pursuant to the writ of possession.(Added by Stats. 1973, Ch. 526.)
CA Civ Pro Code § 513.020 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS|CHAPTER 2 - Claim and Delivery of Personal Property|ARTICLE 3 - Temporary Restraining Order|Section 513.020.

513.020.  In the discretion of the court, the temporary restraining order may prohibit the defendant from doing any or all of the following:(a) Transferring any interest in the property by sale, pledge, or grant of security interest, or otherwise disposing of, or encumbering, the property. If the property is farm products held for sale or lease or is inventory, the order may not prohibit the defendant from transferring the property in the ordinary course of business, but the order may impose appropriate restrictions on the disposition of the proceeds from such transfer.(b) Concealing or otherwise removing the property in such a manner as to make it less available to seizure by the levying officer.(c) Impairing the value of the property either by acts of destruction or by failure to care for the property in a reasonable manner.(Added by Stats. 1973, Ch. 526.)
CA Civ Pro Code § 514.010 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS|CHAPTER 2 - Claim and Delivery of Personal Property|ARTICLE 4 - Levy and Custody|Section 514.010.

514.010.  (a) Except as otherwise provided in this section, upon receipt of the writ of possession the levying officer shall search for and take custody of the specified property, if it be in the possession of the defendant or his agent, either by removing the property to a place of safekeeping or by installing a keeper.(b) If the specified property is used as a dwelling, such as a mobilehome or boat, levy shall be made by placing a keeper in charge of the property for two days, at the plaintiff’s expense, after which period the levying officer shall remove the occupants and any contents not specified in the writ and shall take exclusive possession of the property.(c) If the specified property or any part of it is in a private place, the levying officer shall at the time he demands possession of the property announce his identity, purpose, and authority. If the property is not voluntarily delivered, the levying officer may cause any building or enclosure where the property may be located to be broken open in such a manner as he reasonably believes will cause the least damage and may call upon the power of the county to aid and protect him, but, if he reasonably believes that entry and seizure of the property will involve a substantial risk of death or serious bodily harm to any person, he shall refrain from seizing the property and shall promptly make a return to the court from which the writ issued setting forth the reasons for his belief that the risk exists. In such case, the court shall make such orders as may be appropriate.(d) Nothing in this section authorizes the levying officer to enter or search any private place not specified in the writ of possession or other order of the court.(Added by Stats. 1973, Ch. 526.)
CA Civ Pro Code § 514.020 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS|CHAPTER 2 - Claim and Delivery of Personal Property|ARTICLE 4 - Levy and Custody|Section 514.020.

514.020.  (a) At the time of levy, the levying officer shall deliver to the person in possession of the property a copy of the writ of possession, a copy of the plaintiff’s undertaking, if any, and a copy of the order for issuance of the writ.(b) If no one is in possession of the property at the time of levy, the levying officer shall subsequently serve the writ and attached undertaking on the defendant. If the defendant has appeared in the action, service shall be accomplished in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14. If the defendant has not appeared in the action, service shall be accomplished in the manner provided for the service of summons and complaint by Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5.(Amended by Stats. 2002, Ch. 68, Sec. 2. Effective January 1, 2003.)
CA Civ Pro Code § 514.030 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS|CHAPTER 2 - Claim and Delivery of Personal Property|ARTICLE 4 - Levy and Custody|Section 514.030.

514.030.  (a) After the levying officer takes possession pursuant to a writ of possession, the levying officer shall keep the property in a secure place. Except as otherwise provided by Sections 512.020 and 514.050:(1) If notice of the filing of an undertaking for redelivery or notice of objection to the plaintiff’s undertaking is not received by the levying officer within 10 days after levy of the writ of possession, the levying officer shall deliver the property to plaintiff, upon receiving the fees for taking and necessary expenses for keeping the property.(2) If notice of the filing of an undertaking for redelivery is received by the levying officer within 10 days after levy of the writ of possession and defendant’s undertaking is not objected to, the levying officer shall redeliver the property to defendant upon expiration of the time to so object, upon receiving the fees for taking and necessary expenses for keeping the property not already paid or advanced by the plaintiff.(3) If notice of objection to the plaintiff’s undertaking or notice of the filing of an undertaking for redelivery is received within 10 days after levy of the writ of possession and defendant’s undertaking is objected to, the levying officer shall not deliver or redeliver the property until the time provided in Section 515.030.(b) Notwithstanding subdivision (a), where not otherwise provided by contract and where an undertaking for redelivery has not been filed, upon a showing that the property is perishable or will greatly deteriorate or depreciate in value or for some other reason that the interests of the parties will be best served thereby, the court may order that the property be sold and the proceeds deposited in the court to abide the judgment in the action.(Amended by Stats. 1982, Ch. 517, Sec. 119.)
CA Civ Pro Code § 514.040 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS|CHAPTER 2 - Claim and Delivery of Personal Property|ARTICLE 4 - Levy and Custody|Section 514.040.

514.040.  The levying officer shall return the writ of possession, with his proceedings thereon, to the court in which the action is pending within 30 days after levy but in no event more than 60 days after the writ is issued.(Added by Stats. 1973, Ch. 526.)
CA Civ Pro Code § 514.050 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS|CHAPTER 2 - Claim and Delivery of Personal Property|ARTICLE 4 - Levy and Custody|Section 514.050.

514.050.  Where the property taken is claimed by a third person, the rules and proceedings applicable in cases of third-party claims under Division 4 (commencing with Section 720.010) of Title 9 apply.(Amended by Stats. 1982, Ch. 497, Sec. 33. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
CA Civ Pro Code § 515.010 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS|CHAPTER 2 - Claim and Delivery of Personal Property|ARTICLE 5 - Undertakings|Section 515.010.

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) 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.(Amended by Stats. 2002, Ch. 68, Sec. 3. Effective January 1, 2003.)
CA Civ Pro Code § 515.020 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS|CHAPTER 2 - Claim and Delivery of Personal Property|ARTICLE 5 - Undertakings|Section 515.020.

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) 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) 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) 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.(Amended by Stats. 2002, Ch. 68, Sec. 4. Effective January 1, 2003.)
CA Civ Pro Code § 515.030 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS|CHAPTER 2 - Claim and Delivery of Personal Property|ARTICLE 5 - Undertakings|Section 515.030.

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) 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) 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) 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.(Amended by Stats. 1984, Ch. 538, Sec. 14.)
CA Civ Pro Code § 516.010 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS|CHAPTER 2 - Claim and Delivery of Personal Property|ARTICLE 6 - Miscellaneous Provisions|Section 516.010.

516.010.  The Judicial Council may provide by rule for the practice and procedure in proceedings under this chapter.(Added by Stats. 1973, Ch. 526.)
CA Civ Pro Code § 516.020 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS|CHAPTER 2 - Claim and Delivery of Personal Property|ARTICLE 6 - Miscellaneous Provisions|Section 516.020.

516.020.  The Judicial Council shall prescribe the form of the applications, notices, orders, and other documents required by this chapter.(Added by Stats. 1973, Ch. 526.)
CA Civ Pro Code § 516.030 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS|CHAPTER 2 - Claim and Delivery of Personal Property|ARTICLE 6 - Miscellaneous Provisions|Section 516.030.

516.030.  The facts stated in each affidavit filed pursuant to this chapter shall be set forth with particularity. Except where matters are specifically permitted by this chapter to be shown by information and belief, each affidavit shall show affirmatively that the affiant, if sworn as a witness, can testify competently to the facts stated therein. The affiant may be any person, whether or not a party to the action, who has knowledge of the facts. A verified complaint that satisfies the requirements of this section may be used in lieu of or in addition to an ordinary affidavit.(Added by Stats. 1973, Ch. 526.)
CA Civ Pro Code § 516.040 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS|CHAPTER 2 - Claim and Delivery of Personal Property|ARTICLE 6 - Miscellaneous Provisions|Section 516.040.

516.040.  The judicial duties to be performed under this chapter are “subordinate judicial duties” within the meaning of Section 22 of Article VI of the California Constitution and may be performed by appointed officers such as court commissioners.(Added by Stats. 1973, Ch. 526.)
CA Civ Pro Code § 516.050 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS|CHAPTER 2 - Claim and Delivery of Personal Property|ARTICLE 6 - Miscellaneous Provisions|Section 516.050.

516.050.  Nothing in this chapter shall preclude the granting of relief pursuant to Chapter 3 (commencing with Section 525) of this title.(Added by Stats. 1973, Ch. 526.)
CA Civ Pro Code § 583.110 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS|CHAPTER 1.5 - Dismissal for Delay in Prosecution|ARTICLE 1 - Definitions and General Provisions|Section 583.110.

583.110.  As used in this chapter, unless the provision or context otherwise requires:(a) “Action” includes an action commenced by cross-complaint or other pleading that asserts a cause of action or claim for relief.(b) “Complaint” includes a cross-complaint or other initial pleading.(c) “Court” means the court in which the action is pending.(d) “Defendant” includes a cross-defendant or other person against whom an action is commenced.(e) “Plaintiff” includes a cross-complainant or other person by whom an action is commenced.(f) “Service” includes return of summons.(Added by Stats. 1984, Ch. 1705, Sec. 5.)
CA Civ Pro Code § 583.120 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS|CHAPTER 1.5 - Dismissal for Delay in Prosecution|ARTICLE 1 - Definitions and General Provisions|Section 583.120.

583.120.  (a) This chapter applies to a civil action and does not apply to a special proceeding except to the extent incorporated by reference in the special proceeding.(b) Notwithstanding subdivision (a), the court may, by rule or otherwise under inherent authority of the court, apply this chapter to a special proceeding or part of a special proceeding except to the extent such application would be inconsistent with the character of the special proceeding or the statute governing the special proceeding.(Added by Stats. 1984, Ch. 1705, Sec. 5.)