California Code of Civil Procedure

§ 512.040

CCP § 512.040Title 7 · Part 2 · Ch. 2 · Art. 2

Statute text

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.

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Legislative history

Added by Stats. 1973, Ch. 526.