California replevin law

Answer 1

California Code of Civil Procedure, Section 512.010.

512.010. (a) Upon the filing of the complaint or at any time

thereafter, the plaintiff may apply pursuant to this chapter for a

writ of possession by filing a written application for the writ with

the court in which the action is brought.

(b) The application shall be executed under oath and shall include

all of the following:

(1) A showing of the basis of the plaintiff's claim and that the

plaintiff is entitled to possession of the property claimed. If the

basis of the plaintiff's claim is a written instrument, a copy of the

instrument shall be attached.

(2) A showing that the property is wrongfully detained by the

defendant, of the manner in which the defendant came into possession

of the property, and, according to the best knowledge, information,

and belief of the plaintiff, of the reason for the detention.

(3) A particular description of the property and a statement of

its value.

(4) A statement, according to the best knowledge, information, and

belief of the plaintiff, of the location of the property and, if the

property, or some part of it, is within a private place which may

have to be entered to take possession, a showing that there is

probable cause to believe that such property is located there.

(5) A statement that the property has not been taken for a tax,

assessment, or fine, pursuant to a statute; or seized under an

execution against the property of the plaintiff; or, if so seized,

that it is by statute exempt from such seizure.

(c) The requirements of subdivision (b) may be satisfied by one or

more affidavits filed with the application.