Motion: Writ of Possession
Tentative Ruling:
To deny.
Explanation:
The application for a writ may be granted if the plaintiff shows (1) the basis of his claim and that the plaintiff is entitled to possession of the property claimed; (2) that the property is wrongfully detained by the defendant, the manner in which the defendant came into possession of the property, and (on information and belief) the reason for detention; (3) a particular description of the property and a statement of its value, (4) the location of the property. (Code Civ. Proc., § 512.010.)
1. Basis of the Claim & Entitlement to Property
To obtain a writ of possession, plaintiff has to show it has the right to immediate possession of tangible personal property and that defendants are wrongfully withholding that property. (Code Civ. Proc., § 512.010.) A writ of possession may issue only if the plaintiff has established the probable validity of the plaintiff's claim, i.e., that “it is more likely than not that the plain
Hearing Date
December 20, 2017
Type
06 Unlimited - Breach of Contract/Warranty
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Motion: Writ of Possession
Tentative Ruling:
To deny.
Explanation:
The application for a writ may be granted if the plaintiff shows (1) the basis of his claim and that the plaintiff is entitled to possession of the property claimed; (2) that the property is wrongfully detained by the defendant, the manner in which the defendant came into possession of the property, and (on information and belief) the reason for detention; (3) a particular description of the property and a statement of its value, (4) the location of the property. (Code Civ. Proc., § 512.010.)
1. Basis of the Claim & Entitlement to Property
To obtain a writ of possession, plaintiff has to show it has the right to immediate possession of tangible personal property and that defendants are wrongfully withholding that property. (Code Civ. Proc., § 512.010.) A writ of possession may issue only if the plaintiff has established the probable validity of the plaintiff's claim, i.e., that “it is more likely than not that the plain