(a) The defendant may object to the plaintiff's undertaking not later than 10 days after levy of the writ of possession. The defendant shall mail notice of objection to the levying officer.
§ 515.030.Objection to Plaintiff's Undertaking
Title 7. Other Provisional Remedies In Civil Actions · Chapter 2. Claim and Delivery of Personal Property · Article 5. Undertakings · Last amended 1984 · Last verified July 28, 2026
In one sentenceSection 515.030 gives each side ten days to object to the other's undertaking, and requires the court to vacate the writ and any restraining order or injunction if the plaintiff's undertaking proves insufficient and isn't timely replaced, or to order delivery to the plaintiff if the defendant's undertaking fails that test.
Full Text of § 515.030
(b) The plaintiff may object to the defendant's undertaking not later than 10 days after the defendant's undertaking is filed. The plaintiff shall mail notice of objection to the levying officer.
(c) If the court determines that the plaintiff's undertaking is insufficient and a sufficient undertaking is not filed within the time required by statute, the court shall vacate the temporary restraining order or preliminary injunction, if any, and the writ of possession and, if levy has occurred, order the levying officer or the plaintiff to return the property to the defendant. If the court determines that the plaintiff's undertaking is sufficient, the court shall order the levying officer to deliver the property to the plaintiff.
(d) If the court determines that the defendant's undertaking is insufficient and a sufficient undertaking is not filed within the time required by statute, the court shall order the levying officer to deliver the property to the plaintiff, or, if the plaintiff has previously been given possession of the property, the plaintiff shall retain possession. If the court determines that the defendant's undertaking is sufficient, the court shall order the levying officer or the plaintiff to deliver the property to the defendant.
Plain-English Summary
An undertaking isn't automatically accepted just because it's filed — either side can challenge it. Subdivision (a) gives the defendant ten days after levy of the writ to object to the plaintiff's undertaking, mailing notice of the objection to the levying officer. Subdivision (b) gives the plaintiff a parallel ten days after the defendant's undertaking is filed to object to that one.
The consequences run in opposite directions depending on which undertaking fails. If the court finds the plaintiff's undertaking insufficient and a sufficient replacement isn't filed in time, the court vacates any temporary restraining order or preliminary injunction along with the writ itself, and — if levy already happened — orders the property returned to the defendant. If the plaintiff's undertaking holds up as sufficient, the court instead orders the levying officer to deliver the property to the plaintiff.
The same logic runs the other way for the defendant's undertaking: if it's found insufficient and not timely fixed, the court orders delivery to the plaintiff (or lets the plaintiff keep possession if the plaintiff already has it); if it holds up, the court orders delivery or redelivery to the defendant.
Frequently Asked Questions
How long does a defendant have to object to the plaintiff's undertaking?
Not later than ten days after levy of the writ of possession, with notice mailed to the levying officer.
What happens if the plaintiff's undertaking turns out to be insufficient?
If a sufficient undertaking isn't filed in time, the court vacates the writ and any temporary restraining order or preliminary injunction, and orders return of the property to the defendant if levy already occurred.
Can the plaintiff object to the defendant's redelivery undertaking?
Yes, within ten days after the defendant's undertaking is filed, with notice mailed to the levying officer.
What happens if the defendant's undertaking is found insufficient?
The court orders the levying officer to deliver the property to the plaintiff, or lets the plaintiff retain possession if the plaintiff was already given it.
Amendment History
Amended by Stats. 1984, Ch. 538, Sec. 14.
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: objection to undertaking writ of possession california