California Laws|Section 512.010.

                                                

512.010.  

(a) Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a writ of possession by filing a written application for the writ with the court in which the action is brought.

(b) The application shall be executed under oath and shall include all of the following:

(1) A showing of the basis of the plaintiff’s claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff’s claim is a written instrument, a copy of the
instrument shall be attached.

(2) A showing that the property is wrongfully detained by the defendant, of the manner in which the defendant came into possession of the property, and, according to the best knowledge, information, and belief of the plaintiff, of the reason for the detention.

(3) A particular description of the property and a statement of its value.

(4) A statement, according to the best knowledge, information, and belief of the plaintiff, of the location of the property and, if the property, or some part of it, is within a private place which may have to be entered to take possession, a showing that there is probable cause to believe that such property is located there.

(5) A statement that the property has not been taken for a tax,
assessment, or fine, pursuant to a statute; or seized under an execution against the property of the plaintiff; or, if so seized, that it is by statute exempt from such seizure.

(c) The requirements of subdivision (b) may be satisfied by one or more affidavits filed with the application.

(Added by Stats. 1973, Ch. 526.)

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Therefore, the Court denies the Cross-Complainants’ motion for a writ of possession under CCP section 512.010 because this is a remedy used before trial.

  • Name

    MEDITERRANIAN BEST FOODS, INC., ET AL VS KAREN GEVORKYAN, ET

  • Case No.

    EC058649

  • Hearing

    Dec 01, 2017

  • County

    Los Angeles County, CA

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

Further, the declaration offered in support of the motion does not include a statement that the property has not been taken for a tax, assessment, or fine and has not been seized under an execution against the property of the plaintiff, as required by CCP section 512.010. Although this language was quoted in the Plaintiff’s memorandum, the memorandum was not signed under oath, as required by CCP section 512.010.

  • Name

    FREEDOM MEDICAL, INC. VS. PACIFICA OF THE VALLEY CORP.

  • Case No.

    EC065506

  • Hearing

    Oct 07, 2016

See CCP Section 512.010(b)(4).

  • Name

    RANDY HORVAT VS GEOFFREY HALL, ET AL.,

  • Case No.

    SC126001

  • Hearing

    Nov 22, 2016

Description and Value of Property Pursuant to Code of Civil Procedure section 512.010(b)(3), the application must include a particular description of the property and a statement of its value. Plaintiff has provided a particular description of the property, by make, model and VIN number. Plaintiff has also given a statement as to value. Plaintiff therefore satisfies section 512.010(b)(3). 5.

  • Name

    CAB WEST LLC VS VARDANYAN, LUSINE

  • Case No.

    16K05798

  • Hearing

    Nov 15, 2016

Proc. section 512.010, subd. (a).) The application shall be executed under oath and shall include all of the following: [ ¶ ] (1) A showing of the basis of the plaintiffs claim and that the plaintiff is entitled to possession of the property claimed.

  • Name

    PAWNEE LEASING CORPORATION VS CABANAS TRANSPORT, INC., A CALIFORNIA CORPORATION, ET AL.

  • Case No.

    23AHCV01613

  • Hearing

    Dec 13, 2023

  • County

    Los Angeles County, CA

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Filed

Sep 29, 2023

Status

Active

Court

Superior

County

Solano County, CA

Category

Civil

Practice Area

Commercial

Matter Type

Breach of Contract

Filed

Jul 16, 2019

Court

Orange County

County

Orange County, CA

Filed

Sep 01, 2020

Court

Orange County

County

Orange County, CA

Filed

Jan 21, 2010

Status

Dismissal

Judge

Hon. Abraham Khan Trellis Spinner 👉 Discover key insights by exploring more analytics for Abraham Khan

Court

Stanley Mosk Courthouse

County

Los Angeles County, CA

Category

Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) (General Jurisdiction)

Practice Area

Property

Matter Type

Unlawful Detainer

Filed

Mar 15, 2016

Status

Dismissal

Judge

Hon. Michael L. Stern Trellis Spinner 👉 Discover key insights by exploring more analytics for Michael L. Stern

Court

Stanley Mosk Courthouse

County

Los Angeles County, CA

Category

Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) (General Jurisdiction)

Practice Area

Property

Matter Type

Unlawful Detainer

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Doc thumbnail Section 512.020.

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