SECTIONS 489.410-489.420 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 489.410-489.420

489.410. (a) At any time after entry of judgment in favor of the
defendant and before perfection of an appeal under Section 921, upon
motion of the defendant, the trial court may order an increase in the
amount of the original undertaking on attachment in such amount, if
any, as is justified by the detriment reasonably to be anticipated by
continuing the attachment. Unless such undertaking is filed within
10 days after such order, the attachment shall be set aside and the
property released therefrom.
(b) If an order increasing the undertaking is made, the amount of
the undertaking on appeal required by Section 921 shall be the same
as the amount fixed by the trial court in such order.
(c) Neither the pendency nor granting of a motion timely filed and
served by the plaintiff for vacation of judgment or for judgment
notwithstanding the verdict or for new trial shall continue an
attachment in force unless an undertaking is given by the plaintiff
to pay all costs and damages sustained by continuing the attachment.
The undertaking may be included in the undertaking specified in
Section 921. If not so included, the same procedure shall apply as in
case of an undertaking pursuant to Section 921.

489.420. If a defendant appeals and the enforcement of the judgment
against the defendant is stayed by the filing of a sufficient
undertaking on appeal as provided by this code, all property of the
defendant which has been attached in the action shall be released
from the attachment upon the failure of the respondent to object to
the undertaking within the time prescribed by statute or, if an
objection is made, upon a determination that the undertaking is
sufficient.