Replevin

Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant for a writ of possession by filing a written application for the writ with the court in which the action is brought. (West's Ann.Cal.C.C.P. § 512.010) A writ of possession shall issue if the plaintiff has established the probable validity of the plaintiff's claim to possession of the property. (West's Ann.Cal.C.C.P. § 512.060) The court shall not issue a writ of possession until the plaintiff has filed an undertaking with the court . If the court finds that the defendant has no interest in the property, the court shall waive the requirement of the plaintiff's undertaking. (West's Ann.Cal.C.C.P. § 515.010) The undertaking shall state that, if the plaintiff recovers judgment on the action, the defendant shall pay all costs awarded to the plaintiff and all damages that the plaintiff may sustain by reason of the loss of possession of the property. The damages recoverable by the plaintiff shall include all damages proximately caused by the plaintiff's failure to gain or retain possession. (West's Ann.Cal.C.C.P. § 515.020) A writ of possession may be issued ex parte if probable cause appears that the defendant acquired possession of the property in the ordinary course of his trade or business for commercial purposes and the property is not necessary for the support of the defendant or his family; and there is an immediate danger that the property will become unavailable to levy by reason of being transferred, concealed, or removed from the state or will become substantially impaired in value by acts of destruction or by failure to take care of the property in a reasonable manner; and the ex parte issuance of a writ of possession is necessary to protect the property. (West's Ann.Cal.C.C.P. § 512.020)

The advantage to a Writ of Possession is that it gets the defendant's attention and may result in the immediate return of the equipment. At the time of the hearing on the writ application, the court is authorized to impose an order directing transfer of the property to the creditor, without intervention of the Sheriff. Failure to turn over the property, may subject the person in possession of the property to contempt of court. Cal. Civ. Pro. §512.070. The main disadvantage is that plaintiff's right to possession is provisional and ultimately dependant on the outcome of the underlying suit. If plaintiff does not obtain a judgment in the action, plaintiff must redeliver the property to the defendant and is liable for defendant's actual damages caused by the wrongful possession (including liability for conversion if the property has been sold and cannot be returned to defendant) Cal. Civ. Pro. §512.120.