SECTIONS 491.410-491.470 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 491.410-491.470

491.410. (a) If the defendant is a party to a pending action or
special proceeding, the plaintiff may obtain a lien under this
article, to the extent required to secure the amount to be secured by
the attachment, on both of the following:
(1) Any cause of action of the defendant for money or property
that is the subject of the other action or proceeding, if the money
or property would be subject to attachment if the defendant prevails
in the action or proceedings.
(2) The rights of the defendant to money or property under any
judgment subsequently procured in the other action or proceeding, if
the money or property would be subject to attachment.
(b) To obtain a lien under this article, the plaintiff shall file
all of the following in the other pending action or special
proceeding:
(1) A notice of lien.
(2) A copy of the right to attach order.
(3) A copy of an order permitting creation of a lien under this
article made by the court that issued the right to attach order.
(c) At the time of the filing under subdivision (b) or promptly
thereafter, the plaintiff shall serve on all parties who, prior
thereto, have made an appearance in the other action or special
proceeding a copy of the notice of lien and a statement of the date
when the notice of lien was filed in the other action or special
proceeding. Failure to serve all parties as required by this
subdivision does not affect the lien created by the filing under
subdivision (b), but the rights of a party are not affected by the
lien until the party has notice of the lien.
(d) For the purpose of this article, an action or special
proceeding is pending until the time for appeal from the judgment has
expired or, if an appeal is filed, until the appeal has been finally
determined.

491.415. (a) For the purpose of applying for a right to attach
order, the defendant's cause of action that is the subject of the
pending action or proceeding and the defendant's rights to money or
property under a judgment procured in the action or proceeding shall
be treated as property subject to attachment.
(b) At the time the plaintiff applies for a right to attach order,
the plaintiff may apply for an order permitting creation of a lien
under this article. If the plaintiff has already obtained a right to
attach order, an application for an order permitting creation of a
lien under this article may be applied for in the same manner as a
writ of attachment. As a prerequisite to obtaining an order under
this subdivision, the plaintiff shall file an undertaking as provided
by Sections 489.210 and 489.220.
(c) The defendant may, but is not required to, claim an exemption
in a proceeding initiated by the plaintiff for an order permitting
creation of a lien under this article. An exemption may be claimed if
the money or property sought by the defendant would be exempt from
attachment should the defendant prevail in the other action or
proceeding. The exemption shall be claimed and determined pursuant to
this subdivision in the same manner as an exemption is claimed and
determined upon application for a writ of attachment.

491.420. The notice of lien under Section 491.410 shall contain all
of the following:
(a) A statement that a lien has been created under this article
and the title of the court and the cause and number of the pending
action or proceeding in which the notice of lien is filed.
(b) The name and last known address of the defendant.
(c) The name and address of the plaintiff.
(d) The title of the court where the plaintiff's action against
the defendant is pending and the cause and number of the action.
(e) The amount required to secure the amount to be secured by the
attachment at the time the notice of lien is filed in the action or
proceeding.
(f) A statement that the lien attaches to any cause of action of
the defendant that is the subject of such action or proceeding and to
the defendant's rights to money or property under any judgment
subsequently procured in the action or proceeding.
(g) A statement that no compromise, dismissal, settlement, or
satisfaction of the pending action or proceeding or any of the
defendant's rights to money or property under any judgment procured
therein may be entered into by or on behalf of the defendant, and
that the defendant may not enforce the defendant's rights to money or
property under any judgment procured in the pending action or
proceeding by a writ or otherwise, unless one of the following
requirements is satisfied:
(1) The prior approval by order of the court in which the action
or proceeding is pending has been obtained.
(2) The written consent of the plaintiff has been obtained or the
plaintiff has released the lien.

491.430. (a) The court in which the action or special proceeding
subject to the lien under this article is pending may permit the
plaintiff who has obtained the lien to intervene in the action or
proceeding pursuant to Section 387.
(b) For the purposes of subdivision (a) of Section 491.460 and
Section 491.470, a plaintiff shall be deemed to be a party to the
action or special proceeding even though the plaintiff has not become
a party to the action or proceeding under subdivision (a).

491.440. (a) Except as provided in subdivision (c) of Section
491.410, unless the lien is released, the judgment recovered in the
action or special proceeding in favor of the defendant may not be
enforced by a writ or otherwise, and no compromise, dismissal,
settlement, or satisfaction of the pending action or special
proceeding or the judgment procured therein may be entered into by or
on behalf of the defendant, without the written consent of the
plaintiff or authorization by order of the court obtained under
subdivision (b).
(b) Upon application by the defendant, the court in which the
action or special proceeding subject to the lien under this article
is pending or the judgment procured therein is entered may, in its
discretion, after a hearing, make an order described in subdivision
(a) that may include such terms and conditions as the court deems
necessary. The application for an order under this subdivision shall
be made on noticed motion. The notice of motion shall be served on
the plaintiff.

491.450. (a) If a lien is created pursuant to this article, the
court clerk shall endorse upon the judgment recovered in the action
or special proceeding a statement of the existence of the lien and
the time it was created.
(b) Any abstract issued upon the judgment shall include a
statement of the lien in favor of the plaintiff.

491.460. (a) If the defendant is entitled to money or property
under the judgment in the action or special proceeding and a lien
created under this article exists, upon application of any party to
the action or special proceeding, the court may order that the
defendant's rights to money or property under the judgment be
attached or otherwise applied to the satisfaction of the lien created
under this article as ordered by the court. Application for an order
under this section shall be on noticed motion. The notice of motion
shall be served on all other parties.
(b) If the judgment determines that the defendant has an interest
in property, the court may order the party having custody or control
of the property not to transfer the property until it can be attached
or otherwise applied to the satisfaction of the lien created under
this article.
(c) If the court determines that a party (other than the
defendant) having notice of the lien created under this article has
transferred property that was subject to the lien, or has paid an
amount to the defendant that was subject to the lien, the court shall
render judgment against the party in an amount equal to the lesser
of the following:
(1) The value of the defendant's interest in the property or the
amount paid to the defendant.
(2) The amount of the plaintiff's lien created under this article.
(d) A judgment or order under this section 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 or order 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.

491.470. (a) If a lien is created under this article, the defendant
may claim that all or any portion of the money or property that the
defendant may recover in the action or special proceeding is exempt
from attachment. The claim shall be made by application on noticed
motion to the court in which the action or special proceeding is
pending, filed, and served on the plaintiff not later than 30 days
after the defendant has notice of the creation of lien. The defendant
shall execute an affidavit in support of the application that
includes the matters set forth in subdivision (c) of Section 484.070.
No notice of opposition to the claim of exemption is required. The
failure of the defendant to make a claim of exemption under this
section constitutes a waiver of the exemption.
(b) The court may determine the exemption claim at any time prior
to the entry of judgment in the action or special proceeding or may
consolidate the exemption hearing with the hearing on a motion
pursuant to Section 491.460.
(c) If the defendant establishes to the satisfaction of the court
that the money or property that the defendant may recover in the
action or special proceeding is all or partially exempt from
attachment, the court shall order the termination of the lien created
under this article on the exempt portion of the money or property.