California Code of Civil Procedure

§ 512.020

CCP § 512.020Title 7 · Part 2 · Ch. 2 · Art. 2

Statute text

(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.

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Legislative history

Added by Stats. 1973, Ch. 526.