The person upon whom the writ is served must state in his return, plainly and unequivocally:
1.Whether he has or has not the party in his custody, or under his power or restraint;
2.If he has the party in his custody or power, or under his restraint, he must state the authority and cause of such imprisonment or restraint;
3.If the party is detained by virtue of any writ, warrant, or other written authority, a copy thereof must be annexed to the return, and the original produced and exhibited to the
Court or Judge on the hearing of such return;
4.If the person upon whom the writ is served had the party in his power or custody, or under his restraint, at any time prior or subsequent to the date of the writ of habeas corpus, but has transferred such custody or restraint to another, the return must state particularly to whom, at what time and place, for what cause, and by what authority such transfer took place;
5.The return must be signed by the person making the same, and, except when such person is a sworn public officer, and makes such return in his official capacity, it must be verified by his oath.
Notes of Decisions
Cited in
11
cases (
1 in the last 5 years), 1958–2023 · leading case:
In Re Paul W., 2007 Cal. Daily Op. Serv. 5750 (Cal. Ct. App. 2007).
In Re Paul W., 2007 Cal. Daily Op. Serv. 5750 (Cal. Ct. App. 2007).
· cites it 2× “(Pen.Code, § 1480.) In a dependency proceeding, on the other *351 hand, although the underlying dependency petition may contain allegations of criminal activity, the proceedings are civil in nature.”
Adoption of Alexander S., 750 P.2d 778 (Cal. 1988).
“Moreover, Nicoleta never even requested habeas corpus relief in any of her briefs.”
People v. Green, 609 P.2d 468 (Cal. 1980).
“20 ]; Pen. Code, § 1480, subd. 2), and that as to any factual allegations it makes for that purpose the return “becomes the principal pleading, analogous to a complaint in a civil proceeding” (In re Lawler (1979) 23 Cal.”
In Re Marquez, 62 Cal. Rptr. 3d 429 (Cal. Ct. App. 2007).
“If he has the party in his custody or power, or under his restraint, he must state the authority and cause of such imprisonment or restraint; [ft] 3.”
In Re Cowan, 91 Cal. Daily Op. Serv. 4169 (Cal. Ct. App. 1991).
· cites it 2× “[4] Penal Code section 1480, subdivision 5 provides: "The return must be signed by the person making the same, and, except when such person is a sworn public officer, and makes such return in his official capacity, it must be verified by his oath.”
People v. Getty, 50 Cal. App. 3d 101 (Cal. Ct. App. 1975).
“” (Pen. Code, § 1480.) After this procedure has been followed, the court examines the return (Pen.”
In Re Stafford, 324 P.2d 967 (Cal. Ct. App. 1958).
“To the return the petitioner may present exceptions raising questions of law, or a traverse raising issues of fact, or both.”
People v. Green, 609 P.2d 468 (Cal. 1980).
“20 ]; Pen. Code, § 1480, subd. 2), and that as to any factual allegations it makes for that purpose the return "becomes the principal pleading, analogous to a complaint in a civil proceeding" ( In re Lawler (1979) 23 Cal.”
In re Brown (Cal. Ct. App. 2020).
“(Pen. Code, § 1480; Duvall, supra, 9 Cal.4th at p.”
In re Brown CA4/2 (Cal. Ct. App. 2023).
“Issuance of an OSC indicates the court’s preliminary assessment that the petitioner would be entitled to relief if the petitioner’s factual allegations are proved. (Ibid.”
Prescott v. Santoro (N.D. Cal. 2019).
“at 475 , 476 (citing Cal. Penal Code § 1480 ); see also In 13 re Lawler, 23 Cal.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.