California Civil Code 1861.5 – (a) Upon the filing of a complaint, or at any time thereafter, …
(a) Upon the filing of a complaint, or at any time thereafter, the plaintiff may apply, pursuant to this article, for a writ of possession by filing an application for the writ with the court in which the action was filed.
(b) The application shall be executed under oath and shall include all of the following:
Terms Used In California Civil Code 1861.5
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Oath: A promise to tell the truth.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- property: includes property real and personal. See California Civil Code 14
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(1) A showing of the basis of the plaintiff’s claim, including a showing that the plaintiff is entitled to possession of the property claimed pursuant to an innkeepers’ lien.
(2) A general description of the property and a statement of its value.
(3) A statement of the amount of money claimed to be owed by the guest, lodger, tenant, or boarder.
(c) The requirements of subdivision (b) may be satisfied by one or more affidavits filed with the application.
(Added by Stats. 1979, Ch. 964.)