Sections
33 entriesSection 1859Limits specified innkeepers, lodging operators, hospitals, rest homes, sanitariums, and furnished-property operators to depositary-for-hire liability for personal-property loss or injury, capped at…Section 1860Limits specified lodging operators, hospitals, rest homes, and sanitariums that keep a fireproof safe and give required notice from liability for listed…Section 1861Establishes a lien for hotel, motel, inn, boardinghouse, and lodginghouse keepers on guests’ property for accommodation, board, rent, requested extras, advances, and…Section 1861.1Defines hotel, motel, inn, boardinghouse, and lodginghouse keeper as specified room or lodging providers retaining access and control; levying officer as the…Section 1861.5Allows a plaintiff, when filing a complaint or later, to apply to the court for a writ of possession based on an…Section 1861.6Requires a writ of possession to issue only after a noticed hearing, but allows ex parte issuance when property is not needed…Section 1861.7Requires a defendant, before the referenced hearing on an application for possession, to be served with a copy of the summons and…Section 1861.8Requires the "Notice of Application and Hearing" to inform the defendant of the listed items. The writ must be issued if the…Section 1861.9Requires each party to file with the court and serve upon the other party within the time prescribed by rule, any affidavits…Section 1861.10Requires at the hearing a writ of possession to issue if the listed items are found. No writ directing the levying officer…Section 1861.12Requires a writ of possession to identify the levying officer and property, specify premises that may be entered, direct seizure and custody…Section 1861.13Establishes that a defendant's failure to oppose a writ of possession or rebut evidence in proceedings under the article does not waive…Section 1861.14Limits court determinations under the article to issues relevant to proceedings under the article, without affecting other issues in the action or…Section 1861.15Requires a plaintiff who fails to recover judgment to return the property to the defendant and pay all damages proximately caused by…Section 1861.16Allows a plaintiff applying for a writ of possession to seek a temporary restraining order and permits ex parte issuance when claim…Section 1861.17Allows in the discretion of the court, the temporary restraining order to prohibit the defendant from doing any or all of the…Section 1861.18Requires the levying officer to deliver to the person in possession of the property a copy of the writ of possession, with…Section 1861.19Requires a levying officer taking property under a writ of possession to keep it secure and, subject to the referenced exception, deliver…Section 1861.20Requires the levying officer to return the writ of possession, together with the officer's proceedings on it, to the court where the…Section 1861.21Prohibits the court from issuing a temporary restraining order or a writ of possession until the plaintiff has filed with the court…Section 1861.22Allows the defendant to prevent the plaintiff from taking possession of property, or regain possession of property so taken. If an undertaking…Section 1861.23Allows the defendant to object to the plaintiff's undertaking within 10 days after levy and the plaintiff to object to the defendant's…Section 1861.24Allows a plaintiff to auction baggage or property if a final judgment remains unpaid for 30 days, after publication and at least…Section 1861.25Requires third-party claims to property taken under the article to follow the rules and proceedings applicable to third-party claims under the specified…Section 1861.27Requires facts in each affidavit filed under the article to be stated with particularity and, except where information and belief are specifically…Section 1861.28Allows the judicial duties assigned under the article to be performed by appointed officers, including court commissioners, because the provision classifies those…Section 1861aEstablishes a lien for apartment, cottage, and bungalow-court keepers on tenants’ or guests’ property, enforceable after final judgment. Requires 10 days’ hearing…Section 1862.5Allows a licensed hospital to auction personal property left unclaimed for 180 days after the owner leaves, after four weeks’ written sale…Section 1863Requires hotel, inn, boardinghouse, and lodginghouse keepers to conspicuously post the provision and lodging rates in the office or public room and…Section 1864Requires a person or entity arranging transient occupancies for another to keep owner-specific records and trust-account funds, account at least quarterly, make…Section 1865Defines “hotel,” “innkeeper,” and a limited class of “guest” for transient lodging and allows an innkeeper to evict a guest who fails…Section 1866Allows special-occupancy-park management to evict a guest who fails to leave at the agreed posted checkout time when statutory conditions are met.…Section 1867Allows the park management of a special occupancy park to require a guest to move from a space in the special occupancy…