(a) Upon filing the complaint, the plaintiff may, upon motion, have immediate possession of the premises by a writ of possession of a manufactured home, mobilehome, or real property issued by the court and directed to the sheriff of the county or marshal, for execution, where it appears to the satisfaction of the court, after a hearing on the motion, from the verified complaint and from any affidavits filed or oral testimony given by or on behalf of the parties, that the defendant resides out of state, has departed from the state, cannot, after due diligence, be found within the state, or has concealed himself or herself to avoid the service of summons. The motion shall indicate that the writ applies to all tenants, subtenants, if any, named claimants, if any, and any other occupants of the premises.
§ 1166a.Immediate Possession Upon Motion By Writ of Possession
Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Last amended 1997 · Last verified July 29, 2026
In one sentenceSection 1166a lets a plaintiff who shows the defendant is out of state, cannot be found despite due diligence, or is hiding to dodge service get a court-ordered writ of immediate possession on motion, after notice and a hearing, once an undertaking is posted to cover damages if the plaintiff ultimately loses.
Full Text of § 1166a
(b) Written notice of the hearing on the motion shall be served on the defendant by the plaintiff in accordance with the provisions of Section 1011, and shall inform the defendant as follows: "You may file affidavits on your own behalf with the court and may appear and present testimony on your own behalf. However, if you fail to appear, the plaintiff will apply to the court for a writ of possession of a manufactured home, mobilehome, or real property."
(c) The plaintiff shall file an undertaking in a sum that shall be fixed and determined by the judge, to the effect that, if the plaintiff fails to recover judgment against the defendant for the possession of the premises or if the suit is dismissed, the plaintiff will pay to the defendant those damages, not to exceed the amount fixed in the undertaking, as may be sustained by the defendant by reason of that dispossession under the writ of possession of a manufactured home, mobilehome, or real property.
(d) If, at the hearing on the motion, the findings of the court are in favor of the plaintiff and against the defendant, an order shall be entered for the immediate possession of the premises.
(f) For the purposes of this section, references in Division 3 (commencing with Section 712.010) of Title 9 of Part 2 and in subdivisions (e) to (m), inclusive, of Section 1174, to the "judgment debtor" shall be deemed references to the defendant, to the "judgment creditor" shall be deemed references to the plaintiff, and to the "judgment of possession or sale of property" shall be deemed references to an order for the immediate possession of the premises.
Plain-English Summary
Normally an unlawful detainer plaintiff has to wait for the case to run its course before recovering possession. This section is the exception, built for defendants who are trying to evade the process entirely. If the verified complaint, supporting affidavits, or hearing testimony show the defendant resides out of state, has left the state, cannot be found within it despite due diligence, or has hidden to avoid being served with the summons, the plaintiff can move for immediate possession by a writ directed to the sheriff or marshal — covering all named tenants, subtenants, claimants, and other occupants.
The defendant still gets notice of this motion, served under § 1011, along with a specific warning that they may submit affidavits or appear and testify, but that the plaintiff will otherwise obtain the writ. Before the writ can issue, the plaintiff must post an undertaking, in an amount the judge sets, to cover damages if the plaintiff ultimately loses the case or the suit is dismissed.
If the hearing goes the plaintiff's way, the court enters an order for immediate possession, enforced the same way judgments are enforced under the judgment-enforcement provisions of Title 9 of Part 2 — with "judgment debtor" and "judgment creditor" read as the defendant and plaintiff, and "judgment of possession" read as this order.
Frequently Asked Questions
When can a plaintiff get immediate possession before the case is fully resolved?
When the court finds, after a hearing, that the defendant resides out of state, has left the state, cannot be found within it despite due diligence, or has concealed themselves to avoid service of summons.
Does the defendant get any notice before this happens?
Yes. Written notice of the hearing must be served under § 1011, along with a specific warning that the defendant may file affidavits or appear and testify, but that the plaintiff will otherwise obtain the writ.
Does the plaintiff have to put up any security to get this writ?
Yes, an undertaking in an amount the judge fixes, to cover the defendant's damages if the plaintiff ultimately loses the case or the suit is dismissed.
How is the resulting order enforced?
The same way a judgment for possession is enforced under Division 3 (commencing with § 712.010) of Title 9 of Part 2, with the defendant and plaintiff standing in for the judgment debtor and judgment creditor.
Amendment History
Amended by Stats. 1996, Ch. 872, Sec. 20. Effective January 1, 1997.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: immediate writ of possession california evictiondefendant hiding from service eviction california