California Civil Code 1861.8 – The “Notice of Application and Hearing” shall inform the defendant of …
The “Notice of Application and Hearing” shall inform the defendant of all of the following:
(a) The hearing will be held at a place and at a time, to be specified in the notice, on plaintiff‘s application for writ of possession.
Terms Used In California Civil Code 1861.8
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- property: includes property real and personal. See California Civil Code 14
- will: includes codicil. See California Civil Code 14
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(b) The writ shall be issued if the court finds that the plaintiff’s claim has probable validity 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; such determination shall be made in subsequent proceedings in the action.
(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 1861.22.
(d) The notice shall contain the following statement in 10-point bold type:
“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. 1979, Ch. 964.)