SECTIONS 483.010-483.020 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 483.010-483.020

483.010. (a) Except as otherwise provided by statute, an attachment
may be issued only in an action on a claim or claims for money, each
of which is based upon a contract, express or implied, where the
total amount of the claim or claims is a fixed or readily
ascertainable amount not less than five hundred dollars ($500)
exclusive of costs, interest, and attorney's fees.
(b) An attachment may not be issued on a claim which is secured by
any interest in real property arising from agreement, statute, or
other rule of law (including any mortgage or deed of trust of realty
and any statutory, common law, or equitable lien on real property,
but excluding any security interest in fixtures subject to Division 9
(commencing with Section 9101) of the Commercial Code). However, an
attachment may be issued where the claim was originally so secured
but, without any act of the plaintiff or the person to whom the
security was given, the security has become valueless or has
decreased in value to less than the amount then owing on the claim,
in which event the amount to be secured by the attachment shall not
exceed the lesser of the amount of the decrease or the difference
between the value of the security and the amount then owing on the
claim.
(c) If the action is against a defendant who is a natural person,
an attachment may be issued only on a claim which arises out of the
conduct by the defendant of a trade, business, or profession. An
attachment may not be issued on a claim against a defendant who is a
natural person if the claim is based on the sale or lease of
property, a license to use property, the furnishing of services, or
the loan of money where the property sold or leased, or licensed for
use, the services furnished, or the money loaned was used by the
defendant primarily for personal, family, or household purposes.
(d) An attachment may be issued pursuant to this section whether
or not other forms of relief are demanded.

483.012. Subject to the restrictions of Sections 580b and 580d, in
an action to foreclose a mortgage or deed of trust on real property
or an estate for years therein, pursuit of any remedy provided by
this title shall not constitute an action for the recovery of a debt
for purposes of subdivision (a) of Section 726 or a failure to comply
with any other statutory or judicial requirement to proceed first
against security.

483.013. Notwithstanding Section 483.010, federal disability
benefits awarded to veterans for service-connected disabilities
pursuant to Chapter 11 of Title 38 of the United States Code shall be
exempt from the claim of creditors, and shall not be liable to
attachment, levy, or seizure by or under any legal or equitable
process whatsoever, as provided by federal law. This section does not
apply to that portion of service-connected disability benefits that
are subject to child and spousal support enforcement under Section
659(h)(1)(A)(ii)(V) of Title 42 of the United States Code.

483.015. (a) Subject to subdivision (b) and to Section 483.020, the
amount to be secured by an attachment is the sum of the following:
(1) The amount of the defendant's indebtedness claimed by the
plaintiff.
(2) Any additional amount included by the court under Section
482.110.
(b) The amount described in subdivision (a) shall be reduced by
the sum of the following:
(1) The amount of any money judgment in favor of the defendant and
against the plaintiff that remains unsatisfied and is enforceable.
(2) The amount of any indebtedness of the plaintiff that the
defendant has claimed in a cross-complaint filed in the action if the
defendant's claim is one upon which an attachment could be issued.
(3) The amount of any claim of the defendant asserted as a defense
in the answer pursuant to Section 431.70 if the defendant's claim is
one upon which an attachment could be issued had an action been
brought on the claim when it was not barred by the statute of
limitations.
(4) The value of any security interest in the property of the
defendant held by the plaintiff to secure the defendant's
indebtedness claimed by the plaintiff, together with the amount by
which the value of the security interest has decreased due to the act
of the plaintiff or a prior holder of the security interest.

483.020. (a) Subject to subdivisions (d) and (e), the amount to be
secured by the attachment in an unlawful detainer proceeding is the
sum of the following:
(1) The amount of the rent due and unpaid as of the date of filing
the complaint in the unlawful detainer proceeding.
(2) Any additional amount included by the court under subdivision
(c).
(3) Any additional amount included by the court under Section
482.110.
(b) In an unlawful detainer proceeding, the plaintiff's
application for a right to attach order and a writ of attachment
pursuant to this title may include (in addition to the rent due and
unpaid as of the date of the filing of the complaint and any
additional estimated amount authorized by Section 482.110) an amount
equal to the rent for the period from the date the complaint is filed
until the estimated date of judgment or such earlier estimated date
as possession has been or is likely to be delivered to the plaintiff,
such amount to be computed at the rate provided in the lease.
(c) The amount to be secured by the attachment in the unlawful
detainer proceeding may, in the discretion of the court, include an
additional amount equal to the amount of rent for the period from the
date the complaint is filed until the estimated date of judgment or
such earlier estimated date as possession has been or is likely to be
delivered to the plaintiff, such amount to be computed at the rate
provided in the lease.
(d) Except as provided in subdivision (e), the amount to be
secured by the attachment as otherwise determined under this section
shall be reduced by the amounts described in subdivision (b) of
Section 483.015.
(e) Where the plaintiff has received a payment or holds a deposit
to secure (1) the payment of rent and the performance of other
obligations under the lease or (2) only the performance of other
obligations under the lease, the amount of the payment or deposit
shall not be subtracted in determining the amount to be secured by
the attachment.