§ 1861.23. — 1861.23. (Amended by Stats. 1982, Ch. 517, Sec. 69.)

California § 1861.23.

• Jurisdiction: California
• Code CIV: Civil Code - CIV
• Div. 3.: DIVISION 3. OBLIGATIONS
• Title: 3.
• Part 4.: TITLE 3. DEPOSIT
• Ch. 2.: CHAPTER 2. Deposit for Keeping
• Art. 4.: ARTICLE 4. Innkeepers

Text

(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 not
sufficient and a sufficient undertaking is not given within the time provided 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 not sufficient and a sufficient undertaking is not given 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 the defendant’s undertaking is sufficient, the court shall order the levying officer or the plaintiff to
deliver the property to the defendant.

Legislative History

Amended by Stats. 1982, Ch. 517, Sec. 69.