SECTIONS 515.010-515.030 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 515.010-515.030

515.010. (a) Except as provided in subdivision (b), the court shall
not issue a temporary restraining order or a writ of possession
until the plaintiff has filed an undertaking with the court . The
undertaking shall provide that the sureties are bound to the
defendant for the return of the property to the defendant, if return
of the property is ordered, and for the payment to the defendant of
any sum recovered against the plaintiff. The undertaking shall be in
an amount not less than twice the value of the defendant's interest
in the property or in a greater amount. The value of the defendant's
interest in the property is determined by the market value of the
property less the amount due and owing on any conditional sales
contract or security agreement and all liens and encumbrances on the
property, and any other factors necessary to determine the defendant'
s interest in the property.
(b) If the court finds that the defendant has no interest in the
property, the court shall waive the requirement of the plaintiff's
undertaking and shall include in the order for issuance of the writ
the amount of the defendant's undertaking sufficient to satisfy the
requirements of subdivision (b) of Section 515.020.

515.020. (a) The defendant may prevent the plaintiff from taking
possession of property pursuant to a writ of possession or regain
possession of property so taken by filing with the court in which the
action was brought an undertaking in an amount equal to the amount
of the plaintiff's undertaking pursuant to subdivision (a) of Section
515.010 or in the amount determined by the court pursuant to
subdivision (b) of Section 515.010.
(b) The undertaking shall state that, if the plaintiff recovers
judgment on the action, the defendant shall pay all costs awarded to
the plaintiff and all damages that the plaintiff may sustain by
reason of the loss of possession of the property. The damages
recoverable by the plaintiff pursuant to this section shall include
all damages proximately caused by the plaintiff's failure to gain or
retain possession.
(c) The defendant's undertaking may be filed at any time before or
after levy of the writ of possession. A copy of the undertaking
shall be mailed to the levying officer.
(d) If an undertaking for redelivery is filed and the defendant's
undertaking is not objected to, the levying officer shall deliver the
property to the defendant, or, if the plaintiff has previously been
given possession of the property, the plaintiff shall deliver the
property to the defendant. If an undertaking for redelivery is filed
and the defendant's undertaking is objected to, the provisions of
Section 515.030 apply.

515.030. (a) The defendant may object to the plaintiff's
undertaking not later than 10 days after levy of the writ of
possession. The defendant shall mail notice of objection to the
levying officer.
(b) The plaintiff may object to the defendant's undertaking not
later than 10 days after the defendant's undertaking is filed. The
plaintiff shall mail notice of objection to the levying officer.
(c) If the court determines that the plaintiff's undertaking is
insufficient and a sufficient undertaking is not filed within the
time required by statute, the court shall vacate the temporary
restraining order or preliminary injunction, if any, and the writ of
possession and, if levy has occurred, order the levying officer or
the plaintiff to return the property to the defendant. If the court
determines that the plaintiff's undertaking is sufficient, the court
shall order the levying officer to deliver the property to the
plaintiff.
(d) If the court determines that the defendant's undertaking is
insufficient and a sufficient undertaking is not filed within the
time required by statute, the court shall order the levying officer
to deliver the property to the plaintiff, or, if the plaintiff has
previously been given possession of the property, the plaintiff shall
retain possession. If the court determines that the defendant's
undertaking is sufficient, the court shall order the levying officer
or the plaintiff to deliver the property to the defendant.