SECTIONS 485.210-485.240 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 485.210-485.240

485.210. (a) 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.
(b) The application shall satisfy the requirements of Section
484.020 and, in addition, shall include a statement showing that the
requirement of Section 485.010 is satisfied.
(c) The application shall be supported by an affidavit showing all
of the following:
(1) The plaintiff on the facts presented would be entitled to a
judgment on the claim upon which the attachment is based.
(2) The plaintiff would suffer great or irreparable injury (within
the meaning of Section 485.010) if issuance of the order were
delayed until the matter could be heard on notice.
(3) The property sought to be attached is not exempt from
attachment.
(d) An affidavit in support of the showing required by paragraph
(3) of subdivision (c) may be based on the affiant's information and
belief.

485.220. (a) The court shall examine the application and supporting
affidavit and, except as provided in Section 486.030, shall issue a
right to attach order, which shall state the amount to be secured by
the attachment, and 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 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 upon the claim upon which the attachment is based.
(4) The affidavit accompanying the application shows that the
property sought to be attached, or the portion thereof to be
specified in the writ, is not exempt from attachment.
(5) The plaintiff will suffer great or irreparable injury (within
the meaning of Section 485.010) if issuance of the order is delayed
until the matter can be heard on notice.
(6) The amount to be secured by the attachment is greater than
zero.
(b) If the court finds that the application and the supporting
affidavit do not satisfy the requirements of Section 485.010, it
shall so state and deny the order. If denial is solely on the ground
that Section 485.010 is not satisfied, the court shall so state and
such denial does not preclude the plaintiff from applying for a right
to attach order and writ of attachment under Chapter 4 (commencing
with Section 484.010) with the same affidavits and supporting papers.

485.230. Where a right to attach order has been issued by the
court, a plaintiff may discover, through any means provided for by,
and subject to the protections included in, Title 4 (commencing with
Section 2016.010) of Part 4, the identity, location, and value of
property in which the defendant has an interest.

485.240. (a) Any defendant whose property has been attached
pursuant to a writ issued under this chapter may apply for an order
(1) that the right to attach order be set aside, the writ of
attachment quashed, and any property levied upon pursuant to the writ
be released, or (2) that the amount to be secured by the attachment
be reduced as provided in Section 483.015. Such application shall be
made by filing with the court and serving on the plaintiff a notice
of motion.
(b) The notice of motion shall state the grounds on which the
motion is based and shall be accompanied by an affidavit supporting
any factual issues raised and points and authorities supporting any
legal issues raised. It shall not be grounds to set aside an order
that the plaintiff would not have suffered great or irreparable
injury (within the meaning of Section 485.010) if issuance of the
order had been delayed until the matter could have been heard on
notice.
(c) At the hearing on the motion, the court shall determine
whether the plaintiff is entitled to the right to attach order or
whether the amount to be secured by the attachment should be reduced.
If the court finds that the plaintiff is not entitled to the right
to attach order, it shall order the right to attach order set aside,
the writ of attachment quashed, and any property levied on pursuant
to the writ released. If the court finds that the plaintiff is
entitled to the right to attach order, thereafter the plaintiff may
apply for additional writs pursuant to Article 2 (commencing with
Section 484.310) or Article 3 (commencing with Section 484.510) of
Chapter 4.
(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 such additional
evidence or points and authorities.
(e) The hearing provided for in this section shall take precedence
over all other civil matters on the calendar of that day except
older matters of the same character.