SECTIONS 491.310-491.370 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 491.310-491.370

491.310. If a third person has possession or control of property in
which the defendant has an interest or is indebted to the defendant
and the property or debt has been subjected to an attachment lien,
the plaintiff may bring an action against the third person to enforce
the third person's liability under this title.

491.320. The defendant shall be joined in an action brought
pursuant to this article but is not an indispensable party. The
residence of the defendant may not be considered in the determination
of proper venue unless otherwise provided by contract between the
defendant and the third person.

491.330. (a) Except as provided in subdivision (b), an action shall
be commenced pursuant to this article before the expiration of the
later of the following times:
(1) The time when the defendant may bring an action against the
third person concerning the property or debt.
(2) One year after creation of an attachment lien on the property
or debt pursuant to this title if the lien is created at the time
when the defendant may bring an action against the third person
concerning the property or debt.
(b) An action may not be commenced pursuant to this article if the
attachment lien is not in effect.
(c) If an action is commenced pursuant to this article within the
time permitted in this section, the action may be prosecuted to
judgment so long as the attachment lien or a lien of the plaintiff on
the same property pursuant to Title 9 (commencing with Section
680.010) is in effect.

491.340. The plaintiff may apply to the court in which an action
under this article is pending for either or both of the following:
(a) An order restraining the third person from transferring the
attached property to the defendant or from paying the attached debt
to the defendant. The order shall be made on noticed motion if the
court so directs or a court rule so requires. Otherwise, the order
may be made on ex parte application. The order shall remain in effect
until judgment is entered in the action or until such earlier time
as the court may provide in the order. An undertaking may be required
in the discretion of the court. The court may modify or vacate the
order at any time with or without a hearing on such terms as are
just.
(b) A temporary restraining order or a preliminary injunction or
both, restraining the third person from transferring to any person or
otherwise disposing of the attached property, pursuant to Chapter 3
(commencing with Section 525) of Title 7, and the court may make,
dissolve, and modify such orders as provided therein.

491.350. There is no right to a jury trial in an action under this
article.

491.360. If the plaintiff establishes the liability of the third
person, the court shall render judgment accordingly. The judgment may
be enforced in the same manner as it could be enforced if it had
been obtained by the defendant against the third party; but, prior to
entry of judgment in favor of the plaintiff against the defendant,
any money or property obtained in enforcing the judgment against the
third party shall be paid or delivered into court to abide the
judgment in the action of the plaintiff against the defendant or
shall be held by a levying officer, or otherwise held, as ordered by
the court.

491.370. Costs incurred by or taxed against the plaintiff in an
action under this article may not be recovered from the defendant.