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512.010. Â
(a)Â 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)Â 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)Â 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)Â A particular description of the property and a statement of its value.
(4)Â 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)Â 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)Â The requirements of subdivision (b) may be satisfied by one or more affidavits filed with the application.
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.
MEDITERRANIAN BEST FOODS, INC., ET AL VS KAREN GEVORKYAN, ET
EC058649
Dec 01, 2017
Los Angeles County, CA
Personal Injury/ Tort
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.
FREEDOM MEDICAL, INC. VS. PACIFICA OF THE VALLEY CORP.
EC065506
Oct 07, 2016
Los Angeles County, CA
See CCP Section 512.010(b)(4).
RANDY HORVAT VS GEOFFREY HALL, ET AL.,
SC126001
Nov 22, 2016
Los Angeles County, CA
Personal Injury/ Tort
Fraud
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.
CAB WEST LLC VS VARDANYAN, LUSINE
16K05798
Nov 15, 2016
Los Angeles County, CA
Contract
Breach
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.
PAWNEE LEASING CORPORATION VS CABANAS TRANSPORT, INC., A CALIFORNIA CORPORATION, ET AL.
23AHCV01613
Dec 13, 2023
Los Angeles County, CA
Sep 29, 2023
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