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Court Services Division Manual / Volume 6 - Civil Management Bureau (CMB) / Manual of Civil Procedure / 6-21/000.00 Writ of Possession (Claim and Delivery) / 6-21/100.00 Writ of Possession (Claim and Delivery) / 6-21/110.00 Definitions

6-21/130.00 Ex Parte Procedure


6-21/120.00 Noticed Hearing Procedure
6-21/140.00 Temporary Restraining Order

A writ may be issued ex parte (without notice to the defendant) if the plaintiff establishes probable cause that (CCP 512.020(b)):

  1. The defendant feloniously took the property, or
  2. The property is a credit card, or
  3. The defendant acquired the property in the ordinary course of business and it is not necessary for support of the debtor or the debtor’s family and it is in immediate danger of being transferred or concealed, and the issuance of an ex parte order is necessary to protect the property.