SECTIONS 484.310-484.370 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 484.310-484.370

484.310. At any time after a right to attach order has been issued
under Article 1 (commencing with Section 484.010) or after the court
has found pursuant to Section 485.240 that the plaintiff is entitled
to a right to attach order, the plaintiff may apply for a writ of
attachment under this article by filing an application with the court
in which the action is brought.

484.320. The application shall be executed under oath and shall
include all of the following:
(a) A statement that the plaintiff has been issued a right to
attach order under Article 1 (commencing with Section 484.010) or
that the court has found pursuant to Section 485.240 that the
plaintiff is entitled to a right to attach order.
(b) A statement of the amount to be secured by the attachment.
(c) A description of the property to be attached under the writ of
attachment and a statement that the plaintiff is informed and
believes that the property is subject to attachment. The description
shall satisfy the requirements of Section 484.020.
(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).

484.330. No writ of attachment shall be issued under this article
except after a hearing. At least 15 days prior to the hearing, the
defendant shall be served with both of the following:
(a) A notice of application and hearing.
(b) A copy of the application.

484.340. The notice of application and hearing shall inform the
defendant of all of the following:
(a) The plaintiff has applied for a writ of attachment to attach
the property described in the application.
(b) A hearing will be held at a place and at a time, to be
specified in the notice, to determine whether the plaintiff is
entitled to the writ.
(c) A writ of attachment will be issued to attach the property
described in the plaintiff's application unless the court determines
that the property is exempt from attachment or that its value clearly
exceeds the amount necessary to satisfy the amount to be secured by
the attachment.
(d) If the defendant claims that the property described in the
application, or a portion thereof, is exempt from attachment, the
defendant may file with the court and serve on the plaintiff a claim
of exemption with respect to the property as provided in Section
484.350 not later than five days prior to the date set for hearing.
If the defendant fails to make such a claim with respect to personal
property, the defendant may not later claim the exemption in the
absence of a showing of a change in circumstances occurring after the
expiration of the time for claiming exemptions.
(e) Either the defendant or the defendant's attorney or both of
them may be present at the hearing.
(f) 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."

484.350. (a) If the defendant claims that the property described in
the plaintiff's application, or a portion of such property, is
exempt from attachment, the defendant may claim the exemption as
provided in this section. If the defendant fails to make a claim with
respect to personal property, or makes a claim with respect to real
or personal property but fails to prove that the property is exempt,
the defendant may not later claim the exemption except as provided in
Section 482.100.
(b) The claim of exemption shall:
(1) Describe the property claimed to be exempt.
(2) Specify the statute section supporting the claim.
(c) 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.
(d) 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.

484.360. (a) If the defendant files and serves a claim of exemption
and the plaintiff desires to oppose the claim, he 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.
(b) If the defendant files and serves a claim of exemption and
supporting affidavit as provided in Section 484.350 and the plaintiff
does not file and serve a notice of opposition as provided in this
section, 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
section, no hearing shall be held and no writ of attachment shall be
issued.
(c) 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.

484.370. The hearing shall be conducted in the manner prescribed in
Section 484.090 and the court shall order a writ of attachment to be
issued upon the filing of an undertaking as provided by Sections
489.210 and 489.220, if it finds both of the following:
(a) A right to attach order has been issued in the action pursuant
to Article 1 (commencing with Section 484.010) or the court has
found pursuant to Section 485.240 that the plaintiff is entitled to a
right to attach order.
(b) The defendant has failed to prove that the property sought to
be attached, or the portion thereof to be described in the writ, is
exempt from attachment.