reglab/statecodes huggingface dataset:
2023 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 512.010.

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) The application shall be executed under oath and shall include all of the following:
(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) 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) A particular description of the property and a statement of its value.
(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) 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) The requirements of subdivision (b) may be satisfied by one or more affidavits filed with the application.
(Added by Stats. 1973, Ch. 526.)
2023 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 512.020.

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) 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) 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) The property is a credit card.
(3) The defendant acquired possession of the property in the ordinary course of his trade or business for commercial purposes and:
(i) The property is not necessary for the support of the defendant or his family; and
(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) 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.
(Added by Stats. 1973, Ch. 526.)
2023 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 512.030.

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) A copy of the summons and complaint.
(2) A Notice of Application and Hearing.
(3) A copy of the application and any affidavit in support thereof.
(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.
(Amended by Stats. 2007, Ch. 15, Sec. 2. Effective January 1, 2008.)
2023 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 512.040.

512.040. The “Notice of Application and Hearing” shall inform the defendant of all of the following:
(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) 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) 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) 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.”
(Added by Stats. 1973, Ch. 526.)
2023 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 512.050.

512.050. 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.
(Added by Stats. 1973, Ch. 526.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 3 - Injunction › Section 525.

525. An injunction is a writ or order requiring a person to refrain from a particular act. It may be granted by the court in which the action is brought, or by a judge thereof; and when granted by a judge, it may be enforced as an order of the court.
(Amended by Stats. 1907, Ch. 272.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 3 - Injunction › Section 526a.

526a. (a) An action to obtain a judgment, restraining and preventing any illegal expenditure of, waste of, or injury to, the estate, funds, or other property of a local agency, may be maintained against any officer thereof, or any agent, or other person, acting in its behalf, either by a resident therein, or by a corporation, who is assessed for and is liable to pay, or, within one year before the commencement of the action, has paid, a tax that funds the defendant local agency, including, but not limited to, the following:
(1) An income tax.
(2) A sales and use tax or transaction and use tax initially paid by a consumer to a retailer.
(3) A property tax, including a property tax paid by a tenant or lessee to a landlord or lessor pursuant to the terms of a written lease.
(4) A business license tax.
(b) This section does not affect any right of action in favor of a local agency, or any public officer; provided, that no injunction shall be granted restraining the offering for sale, sale, or issuance of any municipal bonds for public improvements or public utilities.
(c) An action brought pursuant to this section to enjoin a public improvement project shall take special precedence over all civil matters on the calendar of the court except those matters to which equal precedence on the calendar is granted by law.
(d) For purposes of this section, the following definitions apply:
(1) “Local agency” means a city, town, county, or city and county, or a district, public authority, or any other political subdivision in the state.
(2) “Resident” means a person who lives, works, owns property, or attends school in the jurisdiction of the defendant local agency.
(Amended by Stats. 2018, Ch. 319, Sec. 1. (AB 2376) Effective January 1, 2019.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 3 - Injunction › Section 526b.

526b. Every person or corporation bringing, instigating, exciting or abetting, any suit to obtain an injunction, restraining or enjoining the issuance, sale, offering for sale, or delivery, of bonds, or other securities, or the expenditure of the proceeds of the sale of such bonds or other securities, of any city, city and county, town, county, or other district organized under the laws of this state, or any other political subdivision of this state, proposed to be issued, sold, offered for sale or delivered by such city, city and county, town, county, district or other political subdivision, for the purpose of acquiring, constructing, completing, improving or extending water works, electric works, gas works or other public utility works or property, shall, if the injunction sought is finally denied, and if such person or corporation owns, controls, or is operating or interested in, a public utility business of the same nature as that for which such bonds or other securities are proposed to be issued, sold, offered for sale, or delivered, be liable to the defendant for all costs, damages and necessary expenses resulting to such defendant by reason of the filing of such suit.
(Added by Stats. 1921, Ch. 384.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 3 - Injunction › Section 527.7.

527.7. (a) It shall be unlawful for any group, association, organization, society, or other assemblage of two or more persons to meet and to advocate, and to take substantial action in furtherance of, the commission of an unlawful act of violence or force directed to and likely to produce the imminent and unlawful infliction of serious bodily injury or death of another person within this state.
(b) Whenever it reasonably appears that any group, association, society, or other assemblage of two or more persons has met and taken substantial action in furtherance of the commission of an act of violence made unlawful by subdivision (a) and will engage in those acts in the future, any aggrieved individual may bring a civil action in the superior court to enjoin the advocacy of the commission of any act of violence made unlawful by subdivision (a) at any future meeting or meetings. Upon a proper showing by clear and convincing evidence, a permanent or preliminary injunction, restraining order, or writ of mandate shall be granted.
(c) Whenever it appears that an action brought under this section was groundless and brought in bad faith for the purpose of harassment, the trial court or any appellate court may award to the defendant attorney’s fees and court costs incurred for the purpose of defending the action.
(Added by Stats. 1982, Ch. 1624, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 3 - Injunction › Section 527.10.

527.10. (a) The court shall order that any party enjoined pursuant to Section 527.6, 527.8, or 527.85 be prohibited from taking any action to obtain the address or location of any protected person, unless there is good cause not to make that order.
(b) The Judicial Council shall develop forms necessary to effectuate this section.
(Amended by Stats. 2010, Ch. 572, Sec. 3. (AB 1596) Effective January 1, 2011. Operative January 1, 2012, by Sec. 28 of Ch. 572.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 3 - Injunction › Section 528.

528. An injunction cannot be allowed after the defendant has answered, unless upon notice, or upon an order to show cause; but in such case the defendant may be restrained until the decision of the Court or Judge granting or refusing the injunction.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 3 - Injunction › Section 529.

529. (a) On granting an injunction, the court or judge must require an undertaking on the part of the applicant to the effect that the applicant will pay to the party enjoined any damages, not exceeding an amount to be specified, the party may sustain by reason of the injunction, if the court finally decides that the applicant was not entitled to the injunction. Within five days after the service of the injunction, the person enjoined may object to the undertaking. If the court determines that the applicant’s undertaking is insufficient and a sufficient undertaking is not filed within the time required by statute, the order granting the injunction must be dissolved.
(b) This section does not apply to any of the following persons:
(1) Either spouse against the other in a proceeding for legal separation or dissolution of marriage.
(2) The applicant for an order described in Division 10 (commencing with Section 6200) of the Family Code.
(3) A public entity or officer described in Section 995.220.
(4) An applicant requesting an injunction under subdivision (d) of Section 1708.85 of the Civil Code.
(Amended by Stats. 2021, Ch. 518, Sec. 2. (AB 514) Effective January 1, 2022.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 3 - Injunction › Section 529.1.

529.1. (a) In all actions in which the court has granted an injunction sought by any plaintiff to enjoin a construction project which has received all legally required licenses and permits, the defendant may apply to the court by noticed motion for an order requiring the plaintiff to furnish an undertaking as security for costs and any damages that may be incurred by the defendant by the conclusion of the action or proceeding as the result of a delay in the construction of the project. The motion shall be made on the grounds that there is no reasonable possibility that the plaintiff will obtain a judgment against the moving defendant and that the plaintiff will not suffer undue economic hardship by filing the undertaking.
(b) If the court, after hearing, determines that the grounds for the motion have been established, the court shall order that the plaintiff file the undertaking in an amount specified in the court’s order as security for costs and damages of the defendant. The liability of the plaintiff pursuant to this section for the costs and damages of the defendant shall not exceed five hundred thousand dollars ($500,000).
(c) As used in this section, a construction project includes, but is not restricted to, the construction, surveying, design, specifications, alteration, repair, improvement, maintenance, removal, or demolition of any building, highway, road, parking facility, bridge, railroad, airport, pier or dock, excavation or other structure, development or other improvement to real or personal property.
(Amended by Stats. 2004, Ch. 193, Sec. 11. Effective January 1, 2005.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 3 - Injunction › Section 529.2.

529.2. (a) In all civil actions, including, but not limited to, actions brought pursuant to Section 21167 of the Public Resources Code, brought by any plaintiff to challenge a housing project which is a development project, as defined by Section 65928 of the Government Code, and which meets or exceeds the requirements for low- or moderate-income housing as set forth in Section 65915 of the Government Code, a defendant may, if the bringing of the action or the seeking by the plaintiff of particular relief including, but not limited to, injunctions, has the effect of preventing or delaying the project from being carried out, apply to the court by noticed motion for an order requiring the plaintiff to furnish an undertaking as security for costs and any damages that may be incurred by the defendant by the conclusion of the action or proceeding as the result of a delay in carrying out the development project. The motion shall be made on the grounds that: (1) the action was brought in bad faith, vexatiously, for the purpose of delay, or to thwart the low- or moderate-income nature of the housing development project, and (2) the plaintiff will not suffer undue economic hardship by filing the undertaking.
(b) If the court, after hearing, determines that the grounds for the motion have been established, the court shall order that the plaintiff file the undertaking in an amount specified in the court’s order as security for costs and damages of the defendant. The liability of the plaintiff pursuant to this section for the costs and damages of the defendant shall not exceed five hundred thousand dollars ($500,000).
(c) If at any time after the plaintiff has filed an undertaking the housing development plan is changed by the developer in bad faith so that it fails to meet or exceed the requirements for low- or moderate-income housing as set forth in Section 65915 of the Government Code, the developer shall be liable to the plaintiff for the cost of obtaining the undertaking.
(Amended by Stats. 1982, Ch. 517, Sec. 124.5.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 3 - Injunction › Section 530.

530. In all actions which may be hereafter brought when an injunction or restraining order may be applied for to prevent the diversion, diminution or increase of the flow of water in its natural channels, to the ordinary flow of which the plaintiff claims to be entitled, the court shall first require due notice of the application to be served upon the defendant, unless it shall appear from the verified complaint or affidavits upon which the application therefor is made, that, within ten days prior to the time of such application, the plaintiff has been in the peaceable possession of the flow of such water, and that, within such time, said plaintiff has been deprived of the flow thereof by the wrongful diversion of such flow by the defendant, or that the plaintiff, at the time of such application, is, and for ten days prior thereto, has been, in possession of the flow of said water, and that the defendant threatens to divert the flow of such water; and if such notice of such application be given and upon the hearing thereof, it be made to appear to the court that plaintiff is entitled to the injunction, but that the issuance thereof pending the litigation will entail great damage upon defendant, and that plaintiff will not be greatly damaged by the acts complained of pending the litigation, and can be fully compensated for such damage as he may suffer, the court may refuse the injunction upon the defendant giving a bond such as is provided for in section five hundred and thirty-two; and upon the trial the same proceedings shall be had, and with the same effect as in said section provided.
(Amended by Stats. 1911, Ch. 733.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 3 - Injunction › Section 531.

531. An injunction to suspend the general and ordinary business of a corporation can not be granted without due notice of the application therefor to the proper officers or managing agent of the corporation, except when the people of this state are a party to the proceeding.
(Amended by Stats. 1907, Ch. 272.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 3 - Injunction › Section 532.

532. (a) If an injunction is granted without notice to the person enjoined, the person may apply, upon reasonable notice to the judge who granted the injunction, or to the court in which the action was brought, to dissolve or modify the injunction. The application may be made upon the complaint or the affidavit on which the injunction was granted, or upon affidavit on the part of the person enjoined, with or without the answer. If the application is made upon affidavits on the part of the person enjoined, but not otherwise, the person against whom the application is made may oppose the application by affidavits or other evidence in addition to that on which the injunction was granted.
(b) In all actions in which an injunction or restraining order has been or may be granted or applied for, to prevent the diversion, pending the litigation, of water used, or to be used, for irrigation or domestic purposes only, if it is made to appear to the court that great damage will be suffered by the person enjoined, in case the injunction is continued, and that the person in whose behalf it issued can be fully compensated for any damages suffered by reason of the continuance of the acts enjoined during the pendency of the litigation, the court in its discretion, may dissolve or modify the injunction. The dissolution or modification shall be subject to the person enjoined giving a bond in such amount as may be fixed by the court or judge, conditioned that the enjoined person will pay all damages which the person in whose behalf the injunction issued may suffer by reason of the continuance, during the litigation, of the acts complained of. Upon the trial the amount of the damages must be ascertained, and in case judgment is rendered for the person in whose behalf the injunction was granted, the amount fixed as damages must be included in the judgment, together with reasonable attorney’s fees. In any proceedings to enforce the liability on the bond, the amount of the damages as fixed in the judgment is conclusive.
(Amended by Stats. 1982, Ch. 517, Sec. 125.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 3 - Injunction › Section 533.

533. In any action, the court may on notice modify or dissolve an injunction or temporary restraining order upon a showing that there has been a material change in the facts upon which the injunction or temporary restraining order was granted, that the law upon which the injunction or temporary restraining order was granted has changed, or that the ends of justice would be served by the modification or dissolution of the injunction or temporary restraining order.
(Repealed and added by Stats. 1995, Ch. 796, Sec. 8. Effective January 1, 1996.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 5 - Receivers › Section 565.

565. Upon the dissolution of any corporation, the Superior Court of the county in which the corporation carries on its business or has its principal place of business, on application of any creditor of the corporation, or of any stockholder or member thereof, may appoint one or more persons to be receivers or trustees of the corporation, to take charge of the estate and effects thereof, and to collect the debts and property due and belonging to the corporation, and to pay the outstanding debts thereof, and to divide the moneys and other property that shall remain over among the stockholders or members.
(Amended by Code Amendments 1880, Ch. 15.)