TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501. - 574.]
Heading of Title 7 added by Stats. 1974, Ch. 1516.
§§ 501–574 · 77 sections
CHAPTER 1. General Provisions § 501 · 1 section
- § 501 A person may not be imprisoned in a civil action for debt or tort, whether before or after judgment. Nothing in this section affects any power a court may have…
CHAPTER 2. Claim and Delivery of Personal Property §§ 511.010–516.050 · 37 sections
ARTICLE 1. Words and Phrases Defined §§ 511.010–511.100 · 10 sections
- § 511.010 Unless the provision or context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 511.020 “Complaint” includes a cross-complaint.
- § 511.030 “Defendant” includes a cross-defendant.
- § 511.040 “Farm products” means crops or livestock or supplies used or produced in farming operations or products of crops or livestock in their unmanufactured states…
- § 511.050 “Inventory” means tangible personal property in the possession of a defendant who holds it for sale or lease or to be furnished under contracts of service.
- § 511.060 “Levying officer” means the sheriff or marshal who is directed to execute a writ of possession issued under this chapter.
- § 511.070 “Person” includes an individual, a corporation, a partnership or other unincorporated association, a limited liability company, and a public entity.
- § 511.080 “Plaintiff” means a person who files a complaint or cross-complaint.
- § 511.090 A claim has “probable validity” where it is more likely than not that the plaintiff will obtain a judgment against the defendant on that claim.
- § 511.100 “Public entity” includes the state, the Regents of the University of California, a county, city, district, public authority, public agency, and any other…
ARTICLE 2. Writ of Possession §§ 512.010–512.120 · 12 sections
- § 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…
- § 512.020 (a) Except as otherwise provided in this section, no writ shall be issued under this chapter except after a hearing on a noticed motion. (b) A writ of…
- § 512.030 (a) Prior to the hearing required by subdivision (a) of Section 512.020, the defendant shall be served with all of the following: (1) A copy of the summons and…
- § 512.040 The “Notice of Application and Hearing” shall inform the defendant of all of the following: (a) A hearing will be held at a place and at a time, to be…
- § 512.050 Each party shall file with the court and serve upon the other party within the time prescribed by rule any affidavits and points and authorities intended to be…
- § 512.060 (a) At the hearing, a writ of possession shall issue if both of the following are found: (1) The plaintiff has established the probable validity of the…
- § 512.070 If a writ of possession is issued, the court may also issue an order directing the defendant to transfer possession of the property to the plaintiff. Such…
- § 512.080 The writ of possession shall meet all of the following requirements: (a) Be directed to the levying officer within whose jurisdiction the property is located.…
- § 512.090 (a) The plaintiff may apply ex parte in writing to the court in which the action was brought for an endorsement on the writ directing the levying officer to…
- § 512.100 Neither the failure of the defendant to oppose the issuance of a writ of possession under this chapter nor his failure to rebut any evidence produced by the…
- § 512.110 The determinations of the court under this chapter shall have no effect on the determination of any issues in the action other than the issues relevant to…
- § 512.120 If the plaintiff fails to recover judgment in the action, he shall redeliver the property to the defendant and be liable for all damages sustained by the…
ARTICLE 3. Temporary Restraining Order §§ 513.010–513.020 · 2 sections
- § 513.010 (a) Except as otherwise provided by this chapter, the provisions of Chapter 3 (commencing with Section 525) of this title relating to the issuance of a…
- § 513.020 In the discretion of the court, the temporary restraining order may prohibit the defendant from doing any or all of the following: (a) Transferring any…
ARTICLE 4. Levy and Custody §§ 514.010–514.050 · 5 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 5. Undertakings §§ 515.010–515.030 · 3 sections
- § 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…
- § 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…
- § 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…
ARTICLE 6. Miscellaneous Provisions §§ 516.010–516.050 · 5 sections
- § 516.010 The Judicial Council may provide by rule for the practice and procedure in proceedings under this chapter.
- § 516.020 The Judicial Council shall prescribe the form of the applications, notices, orders, and other documents required by this chapter.
- § 516.030 The facts stated in each affidavit filed pursuant to this chapter shall be set forth with particularity. Except where matters are specifically permitted by…
- § 516.040 The judicial duties to be performed under this chapter are “subordinate judicial duties” within the meaning of Section 22 of Article VI of the California…
- § 516.050 Nothing in this chapter shall preclude the granting of relief pursuant to Chapter 3 (commencing with Section 525) of this title.
CHAPTER 3. Injunction §§ 525–534 · 23 sections
- § 525 An injunction is a writ or order requiring a person to refrain from a particular act. It may be granted by the court in which the action is brought, or by a…
- § 526 (a) An injunction may be granted in the following cases: (1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and the…
- § 526a (a) An action to obtain a judgment, restraining and preventing any illegal expenditure of, waste of, or injury to, the estate, funds, or other property of a…
- § 526b Every person or corporation bringing, instigating, exciting or abetting, any suit to obtain an injunction, restraining or enjoining the issuance, sale,…
- § 527 (a) A preliminary injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the…
- § 527.3 (a) In order to promote the rights of workers to engage in concerted activities for the purpose of collective bargaining, picketing or other mutual aid or…
- § 527.6 (a) (1) A person who has suffered harassment as defined in subdivision (b) may seek a temporary restraining order and an order after hearing prohibiting…
- § 527.7 (a) It shall be unlawful for any group, association, organization, society, or other assemblage of two or more persons to meet and to advocate, and to take…
- § 527.8 (a) Any employer or collective bargaining representative of an employee who has suffered harassment, unlawful violence, or a credible threat of violence from…
- § 527.85 (a) A chief administrative officer of a postsecondary educational institution, or an officer or employee designated by the chief administrative officer to…
- § 527.9 (a) A person subject to a temporary restraining order or injunction issued pursuant to Section 527.6, 527.8, or 527.85 or subject to a restraining order issued…
- § 527.10 (a) The court shall order that any party enjoined pursuant to Section 527.6, 527.8, or 527.85 be prohibited from taking any action to obtain the address or…
- § 527.11 (a) When relevant information is presented to the court at any noticed hearing that a restrained person has a firearm, the court shall consider that…
- § 527.12 (a) A peace officer shall, upon the request of a petitioner, serve any temporary restraining order, order after hearing, or protective order issued pursuant to…
- § 528 An injunction cannot be allowed after the defendant has answered, unless upon notice, or upon an order to show cause; but in such case the defendant may be…
- § 529 (a) On granting an injunction, the court or judge must require an undertaking on the part of the applicant to the effect that the applicant will pay to the…
- § 529.1 (a) In all actions in which the court has granted an injunction sought by any plaintiff to enjoin a construction project which has received all legally…
- § 529.2 (a) In all civil actions, including, but not limited to, actions brought pursuant to Section 21167 of the Public Resources Code, brought by any plaintiff to…
- § 530 In all actions which may be hereafter brought when an injunction or restraining order may be applied for to prevent the diversion, diminution or increase of…
- § 531 An injunction to suspend the general and ordinary business of a corporation can not be granted without due notice of the application therefor to the proper…
- § 532 (a) If an injunction is granted without notice to the person enjoined, the person may apply, upon reasonable notice to the judge who granted the injunction, or…
- § 533 In any action, the court may on notice modify or dissolve an injunction or temporary restraining order upon a showing that there has been a material change in…
- § 534 In any action brought by a riparian owner to enjoin the diversion of water appropriated or proposed to be appropriated, or the use thereof, against any person…
CHAPTER 5. Receivers §§ 564–570 · 12 sections
- § 564 (a) A receiver may be appointed, in the manner provided in this chapter, by the court in which an action or proceeding is pending in any case in which the…
- § 565 Upon the dissolution of any corporation, the Superior Court of the county in which the corporation carries on its business or has its principal place of…
- § 566 (a) No party, or attorney of a party, or person interested in an action, or related to any judge of the court by consanguinity or affinity within the third…
- § 567 Before entering upon the duties of a receiver: (a) The receiver must be sworn to perform the duties faithfully. (b) The receiver shall give an undertaking to…
- § 568 The receiver has, under the control of the Court, power to bring and defend actions in his own name, as receiver; to take and keep possession of the property,…
- § 568.1 Any securities in the hands of a receiver may, under the control of the court, be deposited by the receiver in a securities depository, as defined in Section…
- § 568.2 (a) A receiver of real property containing rental housing shall notify the court of the existence of any order or notice to correct any substandard or unsafe…
- § 568.3 Any tenant of real property that is subject to receivership, a tenant association or organization, or any federal, state, or local enforcement agency, may file…
- § 568.5 A receiver may, pursuant to an order of the court, sell real or personal property in the receiver’s possession upon the notice and in the manner prescribed by…
- § 568.6 A receiver appointed at the request of the Public Utilities Commission pursuant to Section 1825 of the Public Utilities Code shall control and operate Pacific…
- § 569 Funds in the hands of a receiver may be deposited in one or more interest bearing accounts in the name and for the benefit of the receivership estate with one…
- § 570 A receiver having any funds in his hands belonging to a person whose whereabouts are unknown to him, shall, before receiving his discharge as such receiver,…
CHAPTER 5A. Undertaking of Persons Handling Private Property or Funds § 571 · 1 section
- § 571 If a referee or commissioner is appointed by a court and the duties of the referee or commissioner will, or are reasonably anticipated to, involve the custody…
CHAPTER 6. Deposit in Court §§ 572–574 · 3 sections
- § 572 When it is admitted by the pleadings, or shown upon the examination of a party to the action, that he or she has in his or her possession, or under his or her…
- § 573 Whenever money is paid into or deposited in the court under this chapter, it shall be deposited with the court’s treasury as provided in Section 68084 of the…
- § 574 Whenever, in the exercise of its authority, a court has ordered the deposit or delivery of money, or other thing, and the order is disobeyed, the court, beside…