MBE Rules · Remedies
Claim and Delivery (Replevin)
Cal. Civ. Proc. Code § 512.010
The rule
A plaintiff may recover possession of specific personal property pendente lite by showing entitlement, wrongful detention, and a description of the property, posting an undertaking; final judgment awards possession or value plus damages for detention.
In plain English
Replevin is a legal remedy that allows a person to recover specific personal property that they believe is wrongfully held by another party. To succeed, the plaintiff must prove they have the right to the property, that it is being wrongfully detained, and provide a clear description of the property, often requiring them to post a bond.
Worked example
Alice lends her rare painting to Bob, but he refuses to return it after the agreed time. Alice files a replevin action, demonstrating her ownership, that Bob is wrongfully detaining the painting, and describing it in detail. The court grants Alice possession of the painting pending the final judgment.
Memory hook
Replevin: reclaim your property before the final verdict!
The trap
Exams may present scenarios where the plaintiff's entitlement is ambiguous or where the property description is insufficient, leading students to overlook critical elements of the claim. Students might also confuse replevin with other remedies like conversion.
How examiners test it
Questions often involve fact patterns where a party seeks immediate return of property, requiring students to identify the elements of replevin and apply them to the facts presented.
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