California § 515.010. 515.010. (Amended by Stats. 2002, Ch. 68, Sec. 3.)

California Statutes

§ 515.010. — 515.010. (Amended by Stats. 2002, Ch. 68, Sec. 3.)

California § 515.010.

JurisdictionCalifornia

Code CCPCode of Civil Procedure - CCP

Title7.

Part 2.TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS

Ch. 2.CHAPTER 2. Claim and Delivery of Personal Property

Art. 5.ARTICLE 5. Undertakings

This text of California § 515.010. (515.010. (Amended by Stats. 2002, Ch. 68, Sec. 3.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Code of Civil Procedure - CCP Code § 515.010. (2026).

Text

(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

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(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.