6-21/120.00 Noticed Hearing Procedure



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 application for the writ with the court in which the action is brought. (CCP 512.010(a)) No writ shall be issued under this chapter except after a hearing on a noticed motion. (CCP 512.020(a))  Prior to the hearing, the defendant shall be served with a copy of the summons and complaint, a Notice of Application for Writ of Possession and Hearing, and a copy of the Application for Writ of Possession with any supporting affidavits.  (CCP 512.030)  Service is made in the same manner as 6-07/000.00 Summons and Complaint.  However, service must be made 16 court days before the hearing. (CCP 1005)