SECTIONS 489.310-489.320 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 489.310-489.320

489.310. (a) Whenever a writ is issued, a defendant who has
appeared in the action may apply by noticed motion to the court in
which the action is pending for an order permitting the defendant to
substitute an undertaking for any of his property in the state which
has been or is subject to being attached.
(b) In a case (1) where the defendant applies for an order to
release a portion of property which has been attached or (2) where
the defendant applies for an order preventing the attachment of
property and the amount of the undertaking to be given is less than
the amount to be secured by the attachment, the application shall
include a statement, executed under oath, describing the property to
be so released or so protected from attachment.
(c) The defendant shall file an undertaking to pay the plaintiff
the value of the property released not exceeding the amount of any
judgment which may be recovered by the plaintiff in the action
against the defendant. The amount of the undertaking filed pursuant
to this section shall be equal to the lesser of (1) the value of the
property attached or prevented from being attached or (2) the amount
specified by the writ to be secured by the attachment. The court
shall issue such order upon the condition that a sufficient
undertaking be filed.
(d) Where an action is against more than one defendant, any
defendant may make such application. The filing of an undertaking by
such defendant shall not subject him to any demand against any other
defendant; however, the levying officer shall not be prevented
thereby from attaching, or be obliged to release from attachment, any
property of any other defendant. Where all the defendants do not
join in the application, the application shall include a statement,
executed under oath, describing the character of the defendant's
title to the property and the manner in which the defendant acquired
such title and stating whether any other defendant who has not joined
in the application has an interest in the property. Where two or
more defendants have an interest in the same property, a joint
application and undertaking shall be filed to secure the release of
such property.

489.320. (a) A defendant who has been served with a temporary
protective order and who has appeared in the action may apply by
noticed motion to the court in which the action is pending for an
order terminating the temporary protective order with respect to that
defendant.
(b) The defendant shall file an undertaking to pay the plaintiff
the amount of any judgment recovered by the plaintiff in the action
against the defendant. The amount of the undertaking filed pursuant
to this section shall be equal to the amount sought to be secured by
the attachment. The court shall issue the order terminating the
temporary protective order with respect to the defendant upon the
condition that a sufficient undertaking be filed.