reglab/housing_qa huggingface dataset:
CA Civ Pro Code § 486.020 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 6 - Temporary Protective Order|Section 486.020.

486.020.  The court shall examine the application, supporting affidavit, and other papers on record and shall issue a temporary protective order, which shall state the amount sought to be secured by the attachment under the application for the right to attach order, upon the filing of an undertaking as provided by Sections 489.210 and 489.220, if it finds all of the following:(a) The claim upon which the application for attachment is based is one upon which an attachment may be issued.(b) The plaintiff has established the probable validity of the claim upon which the application for the attachment is based.(c) The order is not sought for a purpose other than the recovery upon the claim upon which the application for the attachment is based.(d) The plaintiff will suffer great or irreparable injury (within the meaning of Section 485.010) if the temporary protective order is not issued.(Amended by Stats. 1982, Ch. 1198, Sec. 42.5. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
CA Civ Pro Code § 486.030 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 6 - Temporary Protective Order|Section 486.030.

486.030.  (a) In any case where the plaintiff has applied for a right to attach order and writ of attachment under Chapter 5 (commencing with Section 485.010), the court may in its discretion deny the application for the order and writ and issue instead a temporary protective order under this chapter if it determines that the requirements of Section 485.220 are satisfied but that the issuance of the temporary protective order instead of the right to attach order and writ would be in the interest of justice and equity to the parties, taking into account the effect on the defendant of issuing a writ of attachment ex parte, the effect on the plaintiff of issuing the temporary protective order instead of the writ, and other factors that bear on equity and justice under the circumstances of the particular case.(b) If the court issues a temporary protective order under this section, the plaintiff’s application for a right to attach order and writ shall be treated as an application for a right to attach order and writ under Article 1 (commencing with Section 484.010) of Chapter 4 and the plaintiff shall comply with the requirements of service provided in Section 484.040.(Added by Stats. 1974, Ch. 1516.)
CA Civ Pro Code § 486.040 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 6 - Temporary Protective Order|Section 486.040.

486.040.  The temporary protective order issued under this chapter shall contain such provisions as the court determines would be in the interest of justice and equity to the parties, taking into account the effects on both the defendant and the plaintiff under the circumstances of the particular case.(Added by Stats. 1974, Ch. 1516.)
CA Civ Pro Code § 486.050 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 6 - Temporary Protective Order|Section 486.050.

486.050.  (a) Except as otherwise provided in Section 486.040, the temporary protective order may prohibit a transfer by the defendant of any of the defendant’s property in this state subject to the levy of the writ of attachment. The temporary protective order shall describe the property in a manner adequate to permit the defendant to identify the property subject to the temporary protective order.(b) Notwithstanding subdivision (a), if the property is farm products held for sale or is inventory, the temporary protective order shall not prohibit the defendant from transferring the property in the ordinary course of business, but the temporary protective order may impose appropriate restrictions on the disposition of the proceeds from that type of transfer.(Amended by Stats. 2008, Ch. 179, Sec. 35. Effective January 1, 2009.)
CA Civ Pro Code § 486.060 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 6 - Temporary Protective Order|Section 486.060.

486.060.  (a) Notwithstanding any terms of the temporary protective order, the defendant may issue any number of checks against any of the defendant’s accounts in a financial institution in this state to the extent permitted by this section.(b) The defendant may issue any number of checks in any amount for the following purposes:(1) Payment of any payroll expense (including fringe benefits and taxes and premiums for workers’ compensation and unemployment insurance) falling due in the ordinary course of business prior to the levy of a writ of attachment.(2) Payment for goods thereafter delivered to the defendant C.O.D. for use in the defendant’s trade, business, or profession.(3) Payment of taxes if payment is necessary to avoid penalties which will accrue if there is any further delay in payment.(4) Payment of reasonable legal fees and reasonable costs and expenses required for the representation of the defendant in the action.(c) In addition to the checks permitted to be issued by subdivision (b), the defendant may issue any number of checks for any purpose so long as the total amount of the checks does not exceed the greater of the following:(1) The amount by which the total amount on deposit exceeds the sum of the amount sought to be secured by the attachment and the amounts permitted to be paid pursuant to subdivision (b).(2) One thousand dollars ($1,000).(Amended by Stats. 1982, Ch. 1198, Sec. 43. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
CA Civ Pro Code § 486.070 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 6 - Temporary Protective Order|Section 486.070.

486.070.  Except as otherwise provided by Section 486.110, a temporary protective order issued under this chapter binds only the defendant, whether or not any other person knows of or is served with a copy of the temporary protective order.(Amended by Stats. 1976, Ch. 437.)
CA Civ Pro Code § 486.080 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 6 - Temporary Protective Order|Section 486.080.

486.080.  The temporary protective order shall be personally served on the defendant together with the documents referred to in Section 484.040.(Amended by Stats. 1982, Ch. 1198, Sec. 44. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
CA Civ Pro Code § 486.090 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 6 - Temporary Protective Order|Section 486.090.

486.090.  Except as otherwise provided in this title, the temporary protective order shall expire at the earliest of the following times:(a) Forty days after the issuance of the order or, if an earlier date is prescribed by the court in the order, on such earlier date.(b) As to specific property described in the order, when a levy of attachment upon that property is made by the plaintiff.(Amended by Stats. 1976, Ch. 437.)
CA Civ Pro Code § 486.100 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 6 - Temporary Protective Order|Section 486.100.

486.100.  Upon ex parte application of the defendant or, if the court so orders, after a noticed hearing, the court may modify or vacate the temporary protective order if it determines that such action would be in the interest of justice and equity to the parties, taking into account the effect on the defendant of the continuance of the original order, the effect on the plaintiff of modifying or vacating the order, and any other factors.(Added by Stats. 1974, Ch. 1516.)
CA Civ Pro Code § 486.110 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 6 - Temporary Protective Order|Section 486.110.

486.110.  (a) The service upon the defendant of a temporary protective order pursuant to Section 486.080 creates a lien upon any property, or the proceeds thereof, which is described in the order, is owned by the defendant at the time of such service, and is subject to attachment pursuant to this title. The lien continues on property subject to the lien, notwithstanding the transfer or encumbrance of the property subject to the lien, unless the person receiving the property, whether real or personal, is a person listed in Section 697.740.(b) The lien terminates upon the date of expiration of the temporary protective order except with respect to property levied upon while the temporary protective order is in effect under a writ of attachment issued upon application of the plaintiff.(Amended by Stats. 1984, Ch. 538, Sec. 2.5.)
CA Civ Pro Code § 487.010 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 7 - Property Subject to Attachment|Section 487.010.

487.010.  The following property of the defendant is subject to attachment:(a) Where the defendant is a corporation, all corporate property for which a method of levy is provided by Article 2 (commencing with Section 488.300) of Chapter 8.(b) Where the defendant is a partnership or other unincorporated association, all partnership or association property for which a method of levy is provided by Article 2 (commencing with Section 488.300) of Chapter 8.(c) Where the defendant is a natural person, all of the following property:(1) Interests in real property except leasehold estates with unexpired terms of less than one year.(2) Accounts receivable, chattel paper, and general intangibles arising out of the conduct by the defendant of a trade, business, or profession, except any such individual claim with a principal balance of less than one hundred fifty dollars ($150).(3) Equipment.(4) Farm products.(5) Inventory.(6) Final money judgments arising out of the conduct by the defendant of a trade, business, or profession.(7) Money on the premises where a trade, business, or profession is conducted by the defendant and, except for the first one thousand dollars ($1,000), money located elsewhere than on such premises and deposit accounts, but, if the defendant has more than one deposit account or has at least one deposit account and money located elsewhere than on the premises where a trade, business, or profession is conducted by the defendant, the court, upon application of the plaintiff, may order that the writ of attachment be levied so that an aggregate amount of one thousand dollars ($1,000) in the form of such money and in such accounts remains free of levy.(8) Negotiable documents of title.(9) Instruments.(10) Securities.(11) Minerals or the like (including oil and gas) to be extracted.(d) In the case of a defendant described in subdivision (c), community property of a type described in subdivision (c) is subject to attachment if the community property would be subject to enforcement of the judgment obtained in the action in which the attachment is sought. Unless the provision or context otherwise requires, if community property that is subject to attachment is sought to be attached:(1) Any provision of this title that applies to the property of the defendant or to obligations owed to the defendant also applies to the community property interest of the spouse of the defendant and to obligations owed to either spouse that are community property.(2) Any provision of this title that applies to property in the possession or under the control of the defendant also applies to community property in the possession or under the control of the spouse of the defendant.(Amended by Stats. 1982, Ch. 1198, Sec. 46. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
CA Civ Pro Code § 487.020 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 7 - Property Subject to Attachment|Section 487.020.

487.020.  Except as provided in paragraph (2) of subdivision (a) of Section 3439.07 of the Civil Code, the following property is exempt from attachment:(a) All property exempt from enforcement of a money judgment.(b) Property which is necessary for the support of a defendant who is a natural person or the family of such defendant supported in whole or in part by the defendant.(c) “Earnings” as defined by Section 706.011.(d) All property not subject to attachment pursuant to Section 487.010.(Amended by Stats. 1986, Ch. 383, Sec. 7.)
CA Civ Pro Code § 487.025 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 7 - Property Subject to Attachment|Section 487.025.

487.025.  (a) The recording of a homestead declaration (as defined in Section 704.910) does not limit or affect the right of a plaintiff to attach the declared homestead described in the homestead declaration, whether the homestead declaration is recorded before or after the declared homestead is attached.(b) An attachment lien attaches to a homestead (as defined in Section 704.710) in the amount of any surplus over the total of the following:(1) All liens and encumbrances on the homestead at the time the attachment lien is created.(2) The homestead exemption set forth in Section 704.730.(c) Nothing in subdivision (a) or (b) limits the right of the defendant to an exemption under subdivision (b) of Section 487.020.(d) Notwithstanding subdivision (b), a homestead (as defined in Section 704.710) is exempt from sale to the extent provided in Section 704.800 when it is sought to be sold to enforce the judgment obtained in the action in which the attachment was obtained.(Added by Stats. 1982, Ch. 1198, Sec. 47.5. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
CA Civ Pro Code § 487.030 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 7 - Property Subject to Attachment|Section 487.030.

487.030.  (a) At any time prior to the entry of judgment in the action, the defendant may claim any exemption provided by subdivision (a) of Section 487.020 with respect to real property by following the procedure set forth in Article 2 (commencing with Section 703.510) of Chapter 4 of Division 2 of Title 9. A claim of exemption under this subdivision shall be denied if the claim has been denied earlier in the action.(b) At any time prior to the entry of judgment in the action, the defendant may claim the exemption provided by subdivision (b) of Section 487.020 with respect to real property either (1) by following the procedure set forth in Article 2 (commencing with Section 703.510) of Chapter 4 of Division 2 of Title 9 or (2) by following the procedure set forth in subdivision (c) of Section 482.100 except that the requirement of showing changed circumstances under subdivision (a) of Section 482.100 does not apply. A claim of exemption under this subdivision shall be denied if the claim has been denied earlier in the action and there is no change in circumstances affecting the claim.(c) For the purposes of this section, references in Article 2 (commencing with Section 703.510) of Chapter 4 of Division 2 of Title 9 to the “judgment debtor” shall be deemed references to the defendant, and references to the “judgment creditor” shall be deemed references to the plaintiff.(d) Nothing in this section limits the right to claim after the entry of judgment a homestead exemption for real property under Article 4 (commencing with Section 704.710) of Chapter 4 of Division 2 of Title 9 unless prior to entry of judgment the defendant has claimed the exemption provided by subdivision (a) of Section 487.020 with respect to such property and the claim has been denied.(Added by Stats. 1982, Ch. 1198, Sec. 48. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
CA Civ Pro Code § 490.010 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 10 - Liability for Wrongful Attachment|Section 490.010.

490.010.  A wrongful attachment consists of any of the following:(a) The levy under a writ of attachment or the service of a temporary protective order in an action in which attachment is not authorized, except that it is not a wrongful attachment if both of the following are established:(1) The levy was not authorized solely because of the prohibition of subdivision (c) of Section 483.010.(2) The person who sold or leased, or licensed for use, the property, furnished the services, or loaned the money reasonably believed that it would not be used primarily for personal, family, or household purposes.(b) The levy under a writ of attachment or the service of a temporary protective order in an action in which the plaintiff does not recover judgment.(c) The levy under writ of attachment obtained pursuant to Article 3 (commencing with Section 484.510) of Chapter 4 or Chapter 5 (commencing with Section 485.010) on property exempt from attachment except where the plaintiff shows that the plaintiff reasonably believed that the property attached was not exempt from attachment.(Amended by Stats. 1982, Ch. 1198, Sec. 53. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
CA Civ Pro Code § 490.020 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 10 - Liability for Wrongful Attachment|Section 490.020.

490.020.  (a) The liability of a plaintiff for causing a wrongful attachment under Section 490.010 includes both of the following:(1) All damages proximately caused to the defendant by the wrongful attachment.(2) All costs and expenses, including attorney’s fees, reasonably expended in defeating the attachment.(b) The liability of a plaintiff for wrongful attachment pursuant to Section 490.010 is limited by the amount of the undertaking.(Amended by Stats. 1982, Ch. 1198, Sec. 54. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
CA Civ Pro Code § 490.040 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 10 - Liability for Wrongful Attachment|Section 490.040.

490.040.  The amount of any recovery for wrongful attachment shall be offset insofar as possible against any unsatisfied amounts owed to the plaintiff by the defendant on the judgment in the action for which wrongful attachment damages are awarded.(Added by Stats. 1974, Ch. 1516.)
CA Civ Pro Code § 490.060 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 10 - Liability for Wrongful Attachment|Section 490.060.

490.060.  Nothing in this chapter limits the right to recover for damages caused by an attachment or protective order on any common law theory of recovery.(Added by Stats. 1974, Ch. 1516.)
CA Civ Pro Code § 492.010 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 12 - Nonresident Attachment|Section 492.010.

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 15800 of the Corporations Code.(Amended by Stats. 2021, Ch. 124, Sec. 9. (AB 938) Effective January 1, 2022.)
CA Civ Pro Code § 492.020 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 12 - Nonresident Attachment|Section 492.020.

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.(Added by Stats. 1974, Ch. 1516.)
CA Civ Pro Code § 492.030 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 12 - Nonresident Attachment|Section 492.030.

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.(Amended by Stats. 1997, Ch. 222, Sec. 10. Effective January 1, 1998.)
CA Civ Pro Code § 492.040 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 12 - Nonresident Attachment|Section 492.040.

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.(Amended by Stats. 1982, Ch. 1198, Sec. 59. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)