Civ. Code, § 1861.8 · Article 4. Innkeepers
Civ. Code, § 1861.8
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
The “Notice of Application and Hearing” shall inform the defendant of all of the following:
(a) The hearing will be held at a place and at a time, to be specified in the notice, on plaintiff’s application for writ of possession.
(b) The writ shall be issued if the court finds that the plaintiff’s claim has probable validity and the other requirements for issuing the writ are established. The hearing is not for the purpose of determining whether the claim is actually valid; such determination shall be made in subsequent proceedings in the action.
(c) If the defendant desires to oppose the issuance of the writ, he shall file with the court either an affidavit providing evidence sufficient to defeat the plaintiff’s right to issuance of the writ, or an undertaking to stay the delivery of the property in accordance with Section 1861.22.
(d) The notice shall contain the following statement in 10-point bold type:
“If you believe the plaintiff may not be entitled to possession of the property claimed, you may wish to seek the advice of an attorney. Such attorney should be consulted promptly so that he may assist you before the time set for the hearing.”
Notes and commentary — not statutory text
History
Added by Stats. 1979, Ch. 964.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1861.8.
- Text hash
- sha256 3227ba417c7f53fa2eba3c102f9d328530bde534cbe00cfdd14d8d6434d338f3
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
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Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.