California Civil Code 1861.10 v2 – (a) At the hearing a writ of possession shall issue if all of …
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(a) At the hearing a writ of possession shall issue if all of the following are found:
(1) The plaintiff has established the probable validity of his claim to possession of the property of the tenant, boarder, or lodger.
Terms Used In California Civil Code 1861.10 v2
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- 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.
(2) That the property which is described within the application for the writ is located on the premises of the motel, hotel, boardinghouse or lodginghouse.
(3) The plaintiff has provided an undertaking as required by Section 1861.21.
(b) No writ directing the levying officer to enter any premises to take possession of any property shall be issued unless the plaintiff has established that there is probable cause to believe that such property is located there.
(Added by Stats. 1979, Ch. 964.)