In unlawful detainer proceedings, the plaintiff who recovers judgment for possession of premises, and who advances or pays to the sheriff or marshal the expenses required for the eviction of any persons in possession or occupancy of the premises and the personal property of such persons, shall, after being advised by the sheriff or marshal of the exact amount necessarily used and expended to effect the eviction, be allowed to file a request for the same pursuant to rules adopted by the Judicial Council.
§ 1034.5.Plaintiff Recovering Judgment For Possession In Unlawful Detainer Proceedings
Title 14. Of Miscellaneous Provisions · Chapter 6. Of Costs · Last amended 1986 · Last verified July 28, 2026
In one sentenceSection 1034.5 lets a plaintiff who wins a judgment for possession in an unlawful detainer proceeding, and who advances the sheriff or marshal's eviction expenses, file a request to recover those advanced expenses under rules adopted by the Judicial Council.
Full Text of § 1034.5
Plain-English Summary
Evicting someone after winning an unlawful detainer judgment isn't free -- the sheriff or marshal charges for the labor and logistics of removing occupants and their property. Section 1034.5 lets the prevailing plaintiff get that money back.
The mechanism is narrow and sequential: the plaintiff advances or pays the eviction expenses to the sheriff or marshal, that officer tells the plaintiff the exact amount necessarily used and expended to carry out the eviction, and only then can the plaintiff file a request to recover that amount, following the procedure the Judicial Council has adopted by rule.
Frequently Asked Questions
Who can recover eviction expenses under Section 1034.5?
A plaintiff in an unlawful detainer proceeding who recovers a judgment for possession and who advances or pays the sheriff or marshal's expenses of carrying out the eviction.
What has to happen before the plaintiff can request reimbursement?
The sheriff or marshal must first advise the plaintiff of the exact amount necessarily used and expended to effect the eviction.
What procedure governs the request for reimbursement?
Rules adopted by the Judicial Council, the same body that sets the broader cost-claiming procedures under § 1034.
Amendment History
Amended by Stats. 1986, Ch. 377, Sec. 16.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: ccp 1034.5 unlawful detainer eviction costs californiasheriff eviction expenses reimbursement california