§6.11 Writ of Possession

An UD judgment is enforced by a writ of possession, which you must immediately issue on request from a prevailing plaintiff. [See CCP §§715.010(a), 715.020, 1174(d), 1170.5(a).] However, in a nonpayment-of-rent case when the landlord did not elect to declare a forfeiture in the 3-day notice and the lease has not expired, you may order that a writ not be issued to enforce the judgment for five days, to give the tenant an opportunity to cure the default and retain possession by paying-past due rent, damages, and costs. [See CCP §1174(c).]
 
The required contents of a writ of possession are set forth in CCP §715.010(b). The writ must be enforced without delay, notwithstanding receipt of notice that the defendant has filed a bankruptcy proceeding. [CCP §715.050.]

The requirements for the execution of a writ of possession are set forth in CCP §715.020. The judgment debtor and other occupants of the property have 5 days from the date that the writ is served to vacate the property and give possession to the judgment creditor. [See CCP §715.020(c).] However, the levying officer may not remove any person who is not named in the writ and who either claims a right to possession that accrued before the UD action was filed or was in possession on the date that the action was filed. [See CCP §715.020(d); see form CP10.] But if the summons, complaint, and prejudgment claim of right to possession were served on the occupants in accordance with CCP §415.46, no occupant may object to the enforcement of the writ. [See CCP §715.020(d).] And all occupants who enter the property after the commencement of the action are bound by the judgment. [See CCP §1164.]