Neither the failure of the defendant to oppose the issuance of a writ of possession under this chapter nor his failure to rebut any evidence produced by the plaintiff in connection with proceedings under this chapter shall constitute a waiver of any defense to plaintiff's claim in the action or any other action or have any effect on the right of the defendant to produce or exclude evidence at the trial of any such action.
§ 512.100.Failure to Oppose Issuance Or Rebut Evidence Not Waiver of Defense Or Right to Produce Evidence
Title 7. Other Provisional Remedies In Civil Actions · Chapter 2. Claim and Delivery of Personal Property · Article 2. Writ of Possession · Enacted 1973 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 512.100 protects the defendant from waiver -- neither failing to oppose a writ of possession nor failing to rebut the plaintiff's evidence at the hearing gives up any defense to the underlying claim or affects the defendant's evidentiary rights at trial.
Full Text of § 512.100
Plain-English Summary
A defendant sometimes chooses not to fight a writ of possession application, whether for cost, timing, or strategic reasons unrelated to the merits. This section makes sure that choice doesn't cost more than intended.
Neither failing to oppose the writ's issuance nor failing to rebut evidence the plaintiff produced at the hearing counts as a waiver of any defense to the plaintiff's claim — not in this action, and not in any other action arising from the same claim. It also leaves untouched the defendant's right to produce or exclude evidence at the trial of the action.
This mirrors § 512.110's separate rule that the court's writ-hearing determinations have no bearing on the actual merits. Together the two sections keep the writ of possession hearing a low-stakes, provisional proceeding focused on probable validity, not a substitute for litigating the case.
Frequently Asked Questions
If a defendant doesn't oppose a writ of possession application, does that waive defenses at trial?
No. Section 512.100 preserves every defense to the plaintiff's claim regardless of whether the defendant opposed the writ.
Does failing to rebut the plaintiff's evidence at the writ hearing hurt the defendant's case later?
No. It doesn't waive any defense and doesn't affect the defendant's right to produce or exclude evidence at trial.
Does this protection extend beyond the current lawsuit?
Yes. It also covers any other action arising out of the same claim.
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: waiver of defense writ of possession california