SECTIONS 492.010-492.090 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 492.010-492.090

492.010. Notwithstanding subdivision (a) of Section 483.010, an
attachment may be issued in any action for the recovery of money
brought against any of the following:
(a) A natural person who does not reside in this state.
(b) A foreign corporation not qualified to do business in this
state under the provisions of Chapter 21 (commencing with Section
2100) of Division 1 of Title 1 of the Corporations Code.
(c) A foreign partnership which has not filed a designation
pursuant to Section 15700 of the Corporations Code.

492.020. (a) Upon the filing of the complaint or at any time
thereafter, the plaintiff may apply pursuant to this chapter 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 shall be supported by an affidavit showing all of the
following:
(1) The action is one described in Section 492.010 and is brought
against a defendant described in Section 492.010.
(2) The plaintiff on the facts presented would be entitled to a
judgment on the claim upon which the attachment is based.
(3) The property sought to be attached is subject to attachment
pursuant to Section 492.040.
(c) The affidavit in support of the showing required by paragraph
(3) of subdivision (b) may be based on the affiant's information and
belief.

492.030. (a) The court shall examine the application and supporting
affidavit and 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 defendant is one described in Section 492.010.
(4) The attachment is not sought for a purpose other than the
recovery on the claim upon which the attachment is based.
(5) The affidavit accompanying the application shows that the
property sought to be attached, or the portion thereof to be
specified in the writ, is subject to attachment pursuant to Section
492.040.
(6) The amount to be secured by the attachment is greater than
zero.
(b) If the court finds that the application and supporting
affidavit do not satisfy the requirements of this chapter, it shall
so state and deny the order. If denial is solely on the ground that
the defendant is not one described in Section 492.010, the judicial
officer 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.

492.040. Notwithstanding Sections 487.010 and 487.020, a writ of
attachment issued under this chapter may be levied upon any property
of a defendant for which a method of levy is provided by Article 2
(commencing with Section 488.300) of Chapter 8. However, after the
defendant has filed a general appearance in the action, only
nonexempt property of the defendant may be levied upon and property
previously levied upon which is exempt under Section 487.020 shall be
released upon order of the court.

492.050. (a) Any defendant whose property has been attached
pursuant to a writ issued under this chapter may apply for an order
that the right to attach order be set aside, the writ of attachment
quashed, and any property levied upon pursuant to the writ released.
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.
(c) If the defendant has filed a general appearance in the action,
the right to attach order shall be set aside unless the plaintiff
shows that his right to attach is authorized by a provision other
than Section 492.010.
(d) At the hearing on the motion, the court shall determine
whether the plaintiff is entitled to a right to attach order. If the
court finds that the plaintiff is not entitled to a right to attach
order, it shall order the right to attach order set aside, the writ
of attachment quashed, and any property levied upon pursuant to the
writ released. If the court finds that the plaintiff is entitled to a
right to attach order, the attachment shall continue in effect
except as provided in Section 492.040 and, 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.
(e) The court's determination 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.
(f) 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.

492.060. At any time after a right to attach order and writ of
attachment have been issued under this chapter and before the hearing
provided by Section 492.050, the plaintiff may apply for an
additional writ of attachment under this chapter as provided in
Sections 492.060 to 492.090, inclusive. The application shall be
filed with the court in which the action is brought.

492.070. The application shall be executed under oath and shall
include all of the following:
(a) A statement that the plaintiff has been issued a right to
attach order and writ of attachment pursuant to Section 492.030.
(b) A statement of the amount to be secured by the attachment.
(c) A description of the property to be attached under the writ of
attachment and a statement that the plaintiff is informed and
believes that such property is subject to attachment pursuant to
Section 492.040. The description shall satisfy the requirements of
Section 484.020.

492.090. The court shall examine the application and supporting
affidavit and shall 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 both of the following:
(a) A right to attach order has been issued in the action pursuant
to Section 492.030.
(b) The affidavit accompanying the application shows that the
property sought to be attached, or the portion thereof to be
specified in the writ, is subject to attachment pursuant to Section
492.040.