SECTIONS 715.010-715.050 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 715.010-715.050

715.010. (a) A judgment for possession of real property may be
enforced by a writ of possession of real property issued pursuant to
Section 712.010. The application for the writ shall provide a place
to indicate that the writ applies to all tenants, subtenants, if any,
name of claimants, if any, and any other occupants of the premises.
(b) In addition to the information required by Section 712.020,
the writ of possession of real property shall contain the following:
(1) A description of the real property, possession of which is to
be delivered to the judgment creditor in satisfaction of the
judgment.
(2) A statement that if the real property is not vacated within
five days from the date of service of a copy of the writ on the
occupant or, if the copy of the writ is posted, within five days from
the date a copy of the writ is served on the judgment debtor, the
levying officer will remove the occupants from the real property and
place the judgment creditor in possession.
(3) A statement that any personal property, except a mobilehome,
remaining on the real property after the judgment creditor has been
placed in possession will be sold or otherwise disposed of in
accordance with Section 1174 unless the judgment debtor or other
owner pays the judgment creditor the reasonable cost of storage and
takes possession of the personal property not later than 15 days
after the time the judgment creditor takes possession of the real
property.
(4) The date the complaint was filed in the action that resulted
in the judgment of possession.
(5) The date or dates on which the court will hear objections to
enforcement of a judgment of possession that are filed pursuant to
Section 1174.3, unless a summons, complaint, and prejudgment claim of
right to possession were served upon the occupants in accordance
with Section 415.46.
(6) The daily rental value of the property as of the date the
complaint for unlawful detainer was filed unless a summons,
complaint, and prejudgment claim of right of possession were served
upon the occupants in accordance with Section 415.46.
(7) If a summons, complaint, and prejudgment claim of right to
possession were served upon the occupants in accordance with Section
415.46, a statement that the writ applies to all tenants, subtenants,
if any, named claimants, if any, and any other occupants of the
premises.
(c) At the time the writ of possession is served or posted, the
levying officer shall also serve or post a copy of the form for a
claim of right to possession, unless a summons, complaint, and
prejudgment claim of right to possession were served upon the
occupants in accordance with Section 415.46.

715.020. To execute the writ of possession of real property:
(a) The levying officer shall serve a copy of the writ of
possession on one occupant of the property. Service on the occupant
shall be made by leaving the copy of the writ with the occupant
personally or, in the occupant's absence, with a person of suitable
age and discretion found upon the property when service is attempted
who is either an employee or agent of the occupant or a member of the
occupant's household.
(b) If unable to serve an occupant described in subdivision (a) at
the time service is attempted, the levying officer shall execute the
writ of possession by posting a copy of the writ in a conspicuous
place on the property and serving a copy of the writ of possession on
the judgment debtor. Service shall be made personally or by mail. If
the judgment debtor's address is not known, the copy of the writ may
be served by mailing it to the address of the property.
(c) If the judgment debtor, members of the judgment debtor's
household, and any other occupants holding under the judgment debtor
do not vacate the property within five days from the date of service
on an occupant pursuant to subdivision (a) or on the judgment debtor
pursuant to subdivision (b), the levying officer shall remove the
occupants from the property and place the judgment creditor in
possession. The provisions of Section 684.120 extending time do not
apply to the five-day period specified in this subdivision.
(d) Notwithstanding subdivision (c), unless the person is named in
the writ, the levying officer may not remove any person from the
property who claims a right to possession of the property accruing
prior to the commencement of the unlawful detainer action or who
claims to have been in possession of the property on the date of the
filing of the unlawful detainer action. However, if the summons,
complaint, and prejudgment claim of right to possession were served
upon the occupants in accordance with Section 415.46, no occupant of
the premises, whether or not the occupant is named in the judgment
for possession, may object to the enforcement of the judgment as
prescribed in Section 1174.3.

715.030. The disposition of personal property remaining on the real
property after the judgment creditor is placed in possession thereof
pursuant to the writ of possession is governed by subdivisions (e)
to (m), inclusive, of Section 1174. For this purpose, references in
Section 1174 and in provisions incorporated by reference in Section
1174 to the "landlord" shall be deemed to be references to the
judgment creditor and references to the "tenant" shall be deemed to
be references to the judgment debtor or other occupant.

715.040. (a) A registered process server may execute the writ of
possession of real property as provided in subdivisions (a) and (b)
of Section 715.020 if a proper writ of possession is delivered to the
sheriff or marshal and that officer does not execute the writ as
provided in subdivisions (a) and (b) of Section 715.020 within three
days (Saturday, Sunday, and legal holidays excluded) from the day the
writ is delivered to that officer. If the writ is not executed
within that time, the levying officer shall upon request give the
writ to the judgment creditor or to a registered process server
designated by the judgment creditor.
(b) Within five days after executing the writ under this section,
all of the following shall be filed with the levying officer:
(1) The writ of possession of real property.
(2) An affidavit of the registered process server stating the
manner in which the writ was executed.
(3) Proof of service of the writ.
(4) Instructions in writing, as required by the provisions of
Section 687.010.
(c) If the writ is executed by a registered process server, the
levying officer shall perform all other duties under the writ and
shall return the writ to the court.
(d) The fee for services of a registered process server under this
section may, in the court's discretion, be allowed as a recoverable
cost upon a motion pursuant to Section 685.080. If allowed, the
amount of the fee to be allowed is governed by Section 1033.5.

715.050. Except with respect to enforcement of a judgment for
money, a writ of possession issued pursuant to a judgment for
possession in an unlawful detainer action shall be enforced pursuant
to this chapter without delay, notwithstanding receipt of notice of
the filing by the defendant of a bankruptcy proceeding.
This section does not apply to a writ of possession issued for
possession of a mobilehome or manufactured home, as those terms are
defined in subdivision (a) of Section 1161a, and does not apply to a
writ of possession issued for possession of real property in a
mobilehome park subject to the Mobilehome Residency Law (Chapter 2.5
(commencing with Section 798) of Title 2 of Part 2 of Division 2 of
the Civil Code), or to a manufactured housing community, as defined
in Section 18801 of the Health and Safety Code.