State Codes and Statutes

Statutes > California > Ccp > 513.010-513.020

CODE OF CIVIL PROCEDURE
SECTION 513.010-513.020



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 temporary restraining order apply. At
or after the time he files his application for writ of possession,
the plaintiff may apply for a temporary restraining order by setting
forth in the application a statement of grounds justifying the
issuance of such order.
   (b) A temporary restraining order may issue ex parte if all of the
following are found:
   (1) The plaintiff has established the probable validity of his
claim to possession of the property.
   (2) The plaintiff has provided an undertaking as required by
Section 515.010.
   (3) The plaintiff has established the probability that there is an
immediate danger that the property claimed may become unavailable to
levy by reason of being transferred, concealed, or removed or may
become substantially impaired in value.
   (c) If at the hearing on issuance of the writ of possession the
court determines that the plaintiff is not entitled to a writ of
possession, the court shall dissolve any temporary restraining order;
otherwise, the court may issue a preliminary injunction to remain in
effect until the property claimed is seized pursuant to the writ of
possession.



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 interest in the property by sale, pledge, or
grant of security interest, or otherwise disposing of, or
encumbering, the property. If the property is farm products held for
sale or lease or is inventory, the order may not prohibit the
defendant from transferring the property in the ordinary course of
business, but the order may impose appropriate restrictions on the
disposition of the proceeds from such transfer.
   (b) Concealing or otherwise removing the property in such a manner
as to make it less available to seizure by the levying officer.
   (c) Impairing the value of the property either by acts of
destruction or by failure to care for the property in a reasonable
manner.

State Codes and Statutes

Statutes > California > Ccp > 513.010-513.020

CODE OF CIVIL PROCEDURE
SECTION 513.010-513.020



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 temporary restraining order apply. At
or after the time he files his application for writ of possession,
the plaintiff may apply for a temporary restraining order by setting
forth in the application a statement of grounds justifying the
issuance of such order.
   (b) A temporary restraining order may issue ex parte if all of the
following are found:
   (1) The plaintiff has established the probable validity of his
claim to possession of the property.
   (2) The plaintiff has provided an undertaking as required by
Section 515.010.
   (3) The plaintiff has established the probability that there is an
immediate danger that the property claimed may become unavailable to
levy by reason of being transferred, concealed, or removed or may
become substantially impaired in value.
   (c) If at the hearing on issuance of the writ of possession the
court determines that the plaintiff is not entitled to a writ of
possession, the court shall dissolve any temporary restraining order;
otherwise, the court may issue a preliminary injunction to remain in
effect until the property claimed is seized pursuant to the writ of
possession.



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 interest in the property by sale, pledge, or
grant of security interest, or otherwise disposing of, or
encumbering, the property. If the property is farm products held for
sale or lease or is inventory, the order may not prohibit the
defendant from transferring the property in the ordinary course of
business, but the order may impose appropriate restrictions on the
disposition of the proceeds from such transfer.
   (b) Concealing or otherwise removing the property in such a manner
as to make it less available to seizure by the levying officer.
   (c) Impairing the value of the property either by acts of
destruction or by failure to care for the property in a reasonable
manner.


State Codes and Statutes

State Codes and Statutes

Statutes > California > Ccp > 513.010-513.020

CODE OF CIVIL PROCEDURE
SECTION 513.010-513.020



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 temporary restraining order apply. At
or after the time he files his application for writ of possession,
the plaintiff may apply for a temporary restraining order by setting
forth in the application a statement of grounds justifying the
issuance of such order.
   (b) A temporary restraining order may issue ex parte if all of the
following are found:
   (1) The plaintiff has established the probable validity of his
claim to possession of the property.
   (2) The plaintiff has provided an undertaking as required by
Section 515.010.
   (3) The plaintiff has established the probability that there is an
immediate danger that the property claimed may become unavailable to
levy by reason of being transferred, concealed, or removed or may
become substantially impaired in value.
   (c) If at the hearing on issuance of the writ of possession the
court determines that the plaintiff is not entitled to a writ of
possession, the court shall dissolve any temporary restraining order;
otherwise, the court may issue a preliminary injunction to remain in
effect until the property claimed is seized pursuant to the writ of
possession.



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 interest in the property by sale, pledge, or
grant of security interest, or otherwise disposing of, or
encumbering, the property. If the property is farm products held for
sale or lease or is inventory, the order may not prohibit the
defendant from transferring the property in the ordinary course of
business, but the order may impose appropriate restrictions on the
disposition of the proceeds from such transfer.
   (b) Concealing or otherwise removing the property in such a manner
as to make it less available to seizure by the levying officer.
   (c) Impairing the value of the property either by acts of
destruction or by failure to care for the property in a reasonable
manner.