SECTIONS 484.010-484.110 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 484.010-484.110

484.010. Upon the filing of the complaint or at any time
thereafter, the plaintiff may apply pursuant to this article for a
right to attach order and a writ of attachment by filing an
application for the order and writ with the court in which the action
is brought.

484.020. The application shall be executed under oath and shall
include all of the following:
(a) A statement showing that the attachment is sought to secure
the recovery on a claim upon which an attachment may be issued.
(b) A statement of the amount to be secured by the attachment.
(c) A statement that the attachment is not sought for a purpose
other than the recovery on the claim upon which the attachment is
based.
(d) A statement that the applicant has no information or belief
that the claim is discharged in a proceeding under Title 11 of the
United States Code (Bankruptcy) or that the prosecution of the action
is stayed in a proceeding under Title 11 of the United States Code
(Bankruptcy).
(e) A description of the property to be attached under the writ of
attachment and a statement that the plaintiff is informed and
believes that such property is subject to attachment. Where the
defendant is a corporation, a reference to "all corporate property
which is subject to attachment pursuant to subdivision (a) of Code of
Civil Procedure Section 487.010" satisfies the requirements of this
subdivision. Where the defendant is a partnership or other
unincorporated association, a reference to "all property of the
partnership or other unincorporated association which is subject to
attachment pursuant to subdivision (b) of Code of Civil Procedure
Section 487.010" satisfies the requirements of this subdivision.
Where the defendant is a natural person, the description of the
property shall be reasonably adequate to permit the defendant to
identify the specific property sought to be attached.

484.030. The application shall be supported by an affidavit showing
that the plaintiff on the facts presented would be entitled to a
judgment on the claim upon which the attachment is based.

484.040. No order or writ shall be issued under this article except
after a hearing. At the times prescribed by subdivision (b) of
Section 1005, the defendant shall be served with all of the
following:
(a) A copy of the summons and complaint.
(b) A notice of application and hearing.
(c) A copy of the application and of any affidavit in support of
the application.

484.050. The notice of application and hearing shall inform the
defendant of all of the following:
(a) A hearing will be held at a place and at a time, to be
specified in the notice, on plaintiff's application for a right to
attach order and a writ of attachment.
(b) The order will be issued if the court finds that the plaintiff'
s claim is probably valid and the other requirements for issuing the
order are established. The hearing is not for the purpose of
determining whether the claim is actually valid. The determination of
the actual validity of the claim will be made in subsequent
proceedings in the action and will not be affected by the decisions
at the hearing on the application for the order.
(c) The amount to be secured by the attachment is determined
pursuant to Sections 482.110, 483.010, 483.015, and 483.020, which
statutes shall be summarized in the notice.
(d) If the right to attach order is issued, a writ of attachment
will be issued to attach the property described in the plaintiff's
application unless the court determines that such property is exempt
from attachment or that its value clearly exceeds the amount
necessary to satisfy the amount to be secured by the attachment.
However, additional writs of attachment may be issued to attach other
nonexempt property of the defendant on the basis of the right to
attach order.
(e) If the defendant desires to oppose the issuance of the order,
the defendant shall file with the court and serve on the plaintiff a
notice of opposition and supporting affidavit as required by Section
484.060 not later than five court days prior to the date set for
hearing.
(f) If the defendant claims that the personal property described
in the application, or a portion thereof, is exempt from attachment,
the defendant shall include that claim in the notice of opposition
filed and served pursuant to Section 484.060 or file and serve a
separate claim of exemption with respect to the property as provided
in Section 484.070. If the defendant does not do so, the claim of
exemption will be barred in the absence of a showing of a change in
circumstances occurring after the expiration of the time for claiming
exemptions.
(g) The defendant may obtain a determination at the hearing
whether real or personal property not described in the application or
real property described in the application is exempt from attachment
by including the claim in the notice of opposition filed and served
pursuant to Section 484.060 or by filing and serving a separate claim
of exemption with respect to the property as provided in Section
484.070, but the failure to so claim that the property is exempt from
attachment will not preclude the defendant from making a claim of
exemption with respect to the property at a later time.
(h) Either the defendant or the defendant's attorney or both of
them may be present at the hearing.
(i) The notice shall contain the following statement: "You may
seek the advice of an attorney as to any matter connected with the
plaintiff's application. The attorney should be consulted promptly so
that the attorney may assist you before the time set for hearing."

484.060. (a) If the defendant desires to oppose the issuance of the
right to attach order sought by plaintiff or objects to the amount
sought to be secured by the attachment, the defendant shall file and
serve upon the plaintiff no later than five court days prior to the
date set for the hearing a notice of opposition. The notice shall
state the grounds on which the defendant opposes the issuance of the
order or objects to the amount sought to be secured by the attachment
and shall be accompanied by an affidavit supporting any factual
issues raised and points and authorities supporting any legal issues
raised. If the defendant fails to file a notice of opposition within
the time prescribed, the defendant shall not be permitted to oppose
the issuance of the order.
(b) If a defendant filing a notice of opposition desires to make
any claim of exemption as provided in Section 484.070, the defendant
may include that claim in the notice of opposition filed pursuant to
this section.
(c) The plaintiff may file and serve upon the opposing party a
reply two court days prior to the date set for the hearing.

484.070. (a) If the defendant claims that the personal property
described in the plaintiff's application, or a portion of such
property, is exempt from attachment, the defendant shall claim the
exemption as provided in this section. If the defendant fails to make
the claim or makes the claim but fails to prove that the personal
property is exempt, the defendant may not later claim the exemption
except as provided in Section 482.100.
(b) If the defendant desires to claim at the hearing that real or
personal property not described in the plaintiff's application or
real property described in the plaintiff's application is exempt from
attachment, in whole or in part, the defendant shall claim the
exemption as provided in this section. Failure to make the claim does
not preclude the defendant from later claiming the exemption. If the
claim is made as provided in this section but the defendant fails to
prove that the property is exempt from attachment, the defendant may
not later claim that the property, or a portion thereof, is exempt
except as provided in Section 482.100.
(c) The claim of exemption shall:
(1) Describe the property claimed to be exempt.
(2) Specify the statute section supporting the claim.
(d) The claim of exemption shall be accompanied by an affidavit
supporting any factual issues raised by the claim and points and
authorities supporting any legal issues raised.
(e) The claim of exemption, together with any supporting affidavit
and points and authorities, shall be filed and served on the
plaintiff not less than five court days before the date set for the
hearing.
(f) If the plaintiff desires to oppose the claim of exemption, the
plaintiff shall file and serve on the defendant, not less than two
days before the date set for the hearing, a notice of opposition to
the claim of exemption, accompanied by an affidavit supporting any
factual issues raised and points and authorities supporting any legal
issues raised. If the plaintiff does not file and serve a notice of
opposition as provided in this subdivision, no writ of attachment
shall be issued as to the property claimed to be exempt. If all of
the property described in the plaintiff's application is claimed to
be exempt and the plaintiff does not file and serve a notice of
opposition as provided in this subdivision, no hearing shall be held
and no right to attach order or writ of attachment shall be issued
and any temporary protective order issued pursuant to Chapter 6
(commencing with Section 486.010) immediately expires.
(g) If the plaintiff files and serves a notice of opposition to
the claim as provided in this section, the defendant has the burden
of proving that the property is exempt from attachment.

484.080. (a) At the time set for the hearing, the plaintiff shall
be ready to proceed. If the plaintiff is not ready, or if he has
failed to comply with Section 484.040, the court may either deny the
application for the order or, for good cause shown, grant the
plaintiff a continuance for a reasonable period. If such a
continuance is granted, the effective period of any protective order
issued pursuant to Chapter 6 (commencing with Section 486.010) may be
extended by the court for a period ending not more than 10 days
after the new hearing date if the plaintiff shows a continuing need
for such protective order.
(b) The court may, in its discretion and for good cause shown,
grant the defendant a continuance for a reasonable period to enable
him to oppose the issuance of the right to attach order. If such a
continuance is granted, the court shall extend the effective period
of any protective order issued pursuant to Chapter 6 (commencing with
Section 486.010) for a period ending not more than 10 days after the
new hearing date unless the defendant shows pursuant to Section
486.100 that the protective order should be modified or vacated.

484.090. (a) At the hearing, the court shall consider the showing
made by the parties appearing and shall issue a right to attach
order, which shall state the amount to be secured by the attachment
determined by the court in accordance with Section 483.015 or
483.020, if it finds all of the following:
(1) The claim upon which the attachment is based is one upon which
an attachment may be issued.
(2) The plaintiff has established the probable validity of the
claim upon which the attachment is based.
(3) The attachment is not sought for a purpose other than the
recovery on the claim upon which the attachment is based.
(4) The amount to be secured by the attachment is greater than
zero.
(b) If, in addition to the findings required by subdivision (a),
the court finds that the defendant has failed to prove that all the
property sought to be attached is exempt from attachment, it shall
order a writ of attachment to be issued upon the filing of an
undertaking as provided by Sections 489.210 and 489.220.
(c) If the court determines that property of the defendant is
exempt from attachment, in whole or in part, the right to attach
order shall describe the exempt property and prohibit attachment of
the property.
(d) The court's determinations shall be made upon the basis of the
pleadings and other papers in the record; but, upon good cause
shown, the court may receive and consider at the hearing additional
evidence, oral or documentary, and additional points and authorities,
or it may continue the hearing for the production of the additional
evidence or points and authorities.

484.100. The court's determinations under this chapter shall have
no effect on the determination of any issues in the action other than
issues relevant to proceedings under this chapter nor shall they
affect the rights of the plaintiff or defendant in any other action
arising out of the same claim of the plaintiff or defendant. The
court's determinations under this chapter shall not be given in
evidence nor referred to at the trial of any such action.

484.110. (a) Neither the failure of the defendant to oppose the
issuance of a right to attach order under this chapter nor the
defendant's failure to rebut any evidence produced by the plaintiff
in connection with proceedings under this chapter 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.
(b) Neither the failure of the plaintiff to oppose the issuance of
an order reducing the amount to be secured by the attachment under
this chapter nor the plaintiff's failure to rebut any evidence
produced by the defendant in connection with proceedings under this
chapter shall constitute a waiver of any defense to the defendant's
claim in the action or any other action or have any effect on the
right of the plaintiff to produce or exclude evidence at the trial of
any such action.