The judicial duties to be performed under this chapter are "subordinate judicial duties" within the meaning of Section 22 of Article VI of the California Constitution and may be performed by appointed officers such as court commissioners.
§ 516.040.Judicial Duties Performed By Appointed Officers
Title 7. Other Provisional Remedies In Civil Actions · Chapter 2. Claim and Delivery of Personal Property · Article 6. Miscellaneous Provisions · Enacted 1973 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 516.040 classifies the judicial duties performed under this chapter as subordinate judicial duties under the California Constitution, allowing them to be carried out by appointed officers such as court commissioners rather than only elected judges.
Full Text of § 516.040
Plain-English Summary
Most of what a court does under this chapter — reviewing applications, holding hearings, making the findings needed to issue a writ — takes real judicial judgment, but it doesn't need to be handled exclusively by an elected judge. This section labels those duties subordinate judicial duties within the meaning of Section 22 of Article VI of the California Constitution.
That classification matters practically: it lets appointed judicial officers, such as court commissioners, handle claim and delivery proceedings. Given how many hearings this chapter contemplates — writ applications, exemption disputes, undertaking objections — spreading that workload to commissioners helps keep the process moving.
Frequently Asked Questions
Can a court commissioner handle a claim and delivery proceeding instead of a judge?
Yes. Section 516.040 classifies these judicial duties as subordinate judicial duties, which appointed officers such as commissioners may perform.
What constitutional provision does this section rely on?
Section 22 of Article VI of the California Constitution, which allows subordinate judicial duties to be assigned to appointed officers.
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: court commissioner writ of possession californiasubordinate judicial duties california