A claim has "probable validity" where it is more likely than not that the plaintiff will obtain a judgment against the defendant on that claim.
§ 511.090.Probable Validity
Title 7. Other Provisional Remedies In Civil Actions · Chapter 2. Claim and Delivery of Personal Property · Article 1. Words and Phrases Defined · Enacted 1973 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 511.090 defines probable validity to mean that it is more likely than not the plaintiff will obtain a judgment against the defendant on the claim, setting the evidentiary standard used throughout the writ of possession procedure.
Full Text of § 511.090
Plain-English Summary
Probable validity is the standard the court applies at every stage of the writ of possession process, and this section pins down exactly what it means: more likely than not that the plaintiff will win a judgment on the claim. That's a preponderance-style test, not proof beyond a reasonable doubt and not a mere possibility of success.
The standard shows up directly in § 512.060, which requires the court to find the plaintiff has established the probable validity of the claim to possession before a writ can issue, and again in § 513.010's ex parte temporary restraining order findings. It's a provisional measure of likely success, not a final ruling — § 512.110 makes clear the court's determinations under this chapter don't affect the actual merits of the case.
Frequently Asked Questions
What does probable validity mean in a California claim and delivery case?
That it is more likely than not the plaintiff will obtain a judgment against the defendant on the claim, as § 511.090 defines it.
Is probable validity the same as proving the case at trial?
No. It's a preliminary likelihood standard used to decide whether a writ of possession or restraining order should issue; § 512.110 keeps these determinations from affecting the actual merits of the action.
Where does the probable validity standard get applied?
Amendment History
Added by Stats. 1973, Ch. 526.
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: probable validity definition californiawrit of possession standard of proof california