California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 3 — Deposit, Chapter 2 — Deposit for Keeping, Article 4 — Innkeepers, Section 1861.13

Neither the failure of the defendant to oppose the issuance of a writ of possession under this article, nor his failure to rebut any evidence produced by the plaintiff in connection with proceedings under this article, shall constitute a waiver of any defense to the plaintiff’s claim in the action, or any other action, or have any effect on the right of the defendant to produce or exclude evidence at the trial of any such action.

Notes

Establishes that a defendant's failure to oppose a writ of possession or rebut evidence in proceedings under the article does not waive any defense in that action or another action and does not affect the defendant's right to produce or exclude evidence at trial. Those protections apply to both specified forms of nonopposition.

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