SECTIONS 514.010-514.050 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 514.010-514.050

514.010. (a) Except as otherwise provided in this section, upon
receipt of the writ of possession the levying officer shall search
for and take custody of the specified property, if it be in the
possession of the defendant or his agent, either by removing the
property to a place of safekeeping or by installing a keeper.
(b) If the specified property is used as a dwelling, such as a
mobilehome or boat, levy shall be made by placing a keeper in charge
of the property for two days, at the plaintiff's expense, after which
period the levying officer shall remove the occupants and any
contents not specified in the writ and shall take exclusive
possession of the property.
(c) If the specified property or any part of it is in a private
place, the levying officer shall at the time he demands possession of
the property announce his identity, purpose, and authority. If the
property is not voluntarily delivered, the levying officer may cause
any building or enclosure where the property may be located to be
broken open in such a manner as he reasonably believes will cause the
least damage and may call upon the power of the county to aid and
protect him, but, if he reasonably believes that entry and seizure of
the property will involve a substantial risk of death or serious
bodily harm to any person, he shall refrain from seizing the property
and shall promptly make a return to the court from which the writ
issued setting forth the reasons for his belief that the risk exists.
In such case, the court shall make such orders as may be
appropriate.
(d) Nothing in this section authorizes the levying officer to
enter or search any private place not specified in the writ of
possession or other order of the court.

514.020. (a) At the time of levy, the levying officer shall deliver
to the person in possession of the property a copy of the writ of
possession, a copy of the plaintiff's undertaking, if any, and a copy
of the order for issuance of the writ.
(b) If no one is in possession of the property at the time of
levy, the levying officer shall subsequently serve the writ and
attached undertaking on the defendant. If the defendant has appeared
in the action, service shall be accomplished in the manner provided
by Chapter 5 (commencing with Section 1010) of Title 14. If the
defendant has not appeared in the action, service shall be
accomplished in the manner provided for the service of summons and
complaint by Article 3 (commencing with Section 415.10) of Chapter 4
of Title 5.

514.030. (a) After the levying officer takes possession pursuant to
a writ of possession, the levying officer shall keep the property in
a secure place. Except as otherwise provided by Sections 512.020 and
514.050:
(1) If notice of the filing of an undertaking for redelivery or
notice of objection to the plaintiff's undertaking is not received by
the levying officer within 10 days after levy of the writ of
possession, the levying officer shall deliver the property to
plaintiff, upon receiving the fees for taking and necessary expenses
for keeping the property.
(2) If notice of the filing of an undertaking for redelivery is
received by the levying officer within 10 days after levy of the writ
of possession and defendant's undertaking is not objected to, the
levying officer shall redeliver the property to defendant upon
expiration of the time to so object, upon receiving the fees for
taking and necessary expenses for keeping the property not already
paid or advanced by the plaintiff.
(3) If notice of objection to the plaintiff's undertaking or
notice of the filing of an undertaking for redelivery is received
within 10 days after levy of the writ of possession and defendant's
undertaking is objected to, the levying officer shall not deliver or
redeliver the property until the time provided in Section 515.030.
(b) Notwithstanding subdivision (a), where not otherwise provided
by contract and where an undertaking for redelivery has not been
filed, upon a showing that the property is perishable or will greatly
deteriorate or depreciate in value or for some other reason that the
interests of the parties will be best served thereby, the court may
order that the property be sold and the proceeds deposited in the
court to abide the judgment in the action.

514.040. The levying officer shall return the writ of possession,
with his proceedings thereon, to the court in which the action is
pending within 30 days after levy but in no event more than 60 days
after the writ is issued.

514.050. Where the property taken is claimed by a third person, the
rules and proceedings applicable in cases of third-party claims
under Division 4 (commencing with Section 720.010) of Title 9 apply.