§ 512.060.Finding For Issuance of Writ; Entry of Private Place to Take Possession
Title 7. Other Provisional Remedies In Civil Actions · Chapter 2. Claim and Delivery of Personal Property · Article 2. Writ of Possession · Last amended 2003 · Last verified July 28, 2026
In one sentenceSection 512.060 requires the court to issue a writ of possession once it finds the plaintiff has established probable validity of the claim to possession and the undertaking requirements are met, but bars any order to enter a private place absent a separate probable-cause finding.
(a)At the hearing, a writ of possession shall issue if both of the following are found:
(1)The plaintiff has established the probable validity of the plaintiff's claim to possession of the property.
(2)The undertaking requirements of Section 515.010 are satisfied.
(b)No writ directing the levying officer to enter a private place to take possession of any property shall be issued unless the plaintiff has established that there is probable cause to believe that the property is located there.
Plain-English Summary
Two findings are all it takes under subdivision (a): the plaintiff has established the probable validity of the claim to possession, and the undertaking requirements of § 515.010 have been satisfied. If both are true, the writ issues.
Subdivision (b) adds a further check specifically for property located in a private place. Even after the two general findings are made, no writ directing the levying officer to enter a private place to take possession can issue unless the plaintiff has separately established probable cause to believe the property is located there. That protects the privacy interest in a private place beyond what the ordinary claim-to-possession showing addresses.
This section works together with § 512.010(b)(4), which requires the application itself to include this same probable-cause showing whenever part of the property may be in a private place requiring entry.
Frequently Asked Questions
What must the court find before issuing a writ of possession?
That the plaintiff has established probable validity of the claim to possession of the property, and that the undertaking requirements of § 515.010 are satisfied.
Is there an extra requirement for property located in a private place?
Yes. Section 512.060(b) bars a writ directing entry into a private place unless the plaintiff has established probable cause to believe the property is located there.
Does the application itself need to address the private-place issue?
Yes, § 512.010(b)(4) requires the application to make that same probable-cause showing when part of the property may be in a private place.
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:findings for issuance of writ of possession california