Legal Question in Landlord & Tenant Law in California

Writ of possession for property
A minute order issued staying an eviction pending a hearing was granted late Monday evening. The order was not provided to the sheriff. The eviction was enforced Tuesday Morning.

Is there a statute or case law that gives the judge the authority to issue an order directing the Sheriff to ''replace'' the Defendant back in possession of the property.

Would the judge's order be lawful due to the Plantiff already having been placed in peaceful possession of his/her property.

Asked on 3/12/04, 10:24 am

Larry Rothman Larry Rothman & Associates

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Re: Writ of possession for property

The landlord should allow you back into the property unless the property has been re rented.

You may also have an abuse of process claim. Please contact our office at 714 363 0220 for review of your documentation and consultation.

Answered on 3/12/04, 10:38 am

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