If the plaintiff fails to recover judgment in the action, he shall redeliver the property to the defendant and be liable for all damages sustained by the defendant which are proximately caused by operation of the temporary restraining order and preliminary injunction, if any, the levy of the writ of possession, and the loss of possession of the property pursuant to levy of the writ of possession or in compliance with an order issued under Section 512.070.
§ 512.120.Failure of Plaintiff to Recover Judgment In Action
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 512.120 requires a plaintiff who fails to recover judgment in the action to redeliver the seized property to the defendant and pay all damages the defendant sustains from the restraining order, injunction, writ levy, and resulting loss of possession.
Full Text of § 512.120
Plain-English Summary
Getting a writ of possession is provisional, and this section supplies the consequence if the provisional remedy turns out to have been wrong. If the plaintiff ultimately fails to recover judgment in the action, two things follow: the plaintiff has to redeliver the property to the defendant, and the plaintiff becomes liable for all the damages the defendant suffered because of it.
The damages this section covers are broad. They include harm proximately caused by any temporary restraining order and preliminary injunction issued along the way under Chapter 3 of this title, by the levy of the writ of possession itself, and by the defendant's loss of possession — whether that loss happened through the levy or through compliance with a direct transfer order under § 512.070.
This section is the backstop that makes the whole provisional remedy workable. Because a plaintiff who ultimately loses has to make the defendant whole, the undertaking requirements in § 515.010 exist to guarantee the plaintiff has the resources to pay if that happens.
Frequently Asked Questions
What happens if a plaintiff who obtained a writ of possession loses the underlying case?
The plaintiff must redeliver the property to the defendant and is liable for all damages the defendant sustained that were proximately caused by the levy and loss of possession.
Does this liability cover a temporary restraining order or preliminary injunction as well?
Yes, § 512.120 covers damages proximately caused by any temporary restraining order and preliminary injunction issued in connection with the writ, along with the levy itself.
How does this connect to the plaintiff's undertaking?
The undertaking required by § 515.010 exists to secure the defendant's recovery for exactly this kind of liability if the plaintiff doesn't ultimately prevail.
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
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