reglab/housing_qa huggingface dataset:
CA Civ Pro Code § 484.100 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 4 - Noticed Hearing Procedure for Obtaining Writ of Attachment|ARTICLE 1 - Right to Attach Order; Issuance of Writ of Attachment|Section 484.100.

484.100.  The court’s determinations under this chapter shall have no effect on the determination of any issues in the action other than issues relevant to proceedings under this chapter nor shall they affect the rights of the plaintiff or defendant in any other action arising out of the same claim of the plaintiff or defendant. The court’s determinations under this chapter shall not be given in evidence nor referred to at the trial of any such action.(Amended by Stats. 1982, Ch. 1198, Sec. 34. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
CA Civ Pro Code § 484.110 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 4 - Noticed Hearing Procedure for Obtaining Writ of Attachment|ARTICLE 1 - Right to Attach Order; Issuance of Writ of Attachment|Section 484.110.

484.110.  (a) Neither the failure of the defendant to oppose the issuance of a right to attach order under this chapter nor the defendant’s failure to rebut any evidence produced by the plaintiff in connection with proceedings under this chapter shall constitute a waiver of any defense to the plaintiff’s claim in the action or any other action or have any effect on the right of the defendant to produce or exclude evidence at the trial of any such action.(b) Neither the failure of the plaintiff to oppose the issuance of an order reducing the amount to be secured by the attachment under this chapter nor the plaintiff’s failure to rebut any evidence produced by the defendant in connection with proceedings under this chapter shall constitute a waiver of any defense to the defendant’s claim in the action or any other action or have any effect on the right of the plaintiff to produce or exclude evidence at the trial of any such action.(Amended by Stats. 1982, Ch. 1198, Sec. 35. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
CA Civ Pro Code § 484.310 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 4 - Noticed Hearing Procedure for Obtaining Writ of Attachment|ARTICLE 2 - Noticed Hearing Procedure for Obtaining Additional Writs|Section 484.310.

484.310.  At any time after a right to attach order has been issued under Article 1 (commencing with Section 484.010) or after the court has found pursuant to Section 485.240 that the plaintiff is entitled to a right to attach order, the plaintiff may apply for a writ of attachment under this article by filing an application with the court in which the action is brought.(Added by Stats. 1974, Ch. 1516.)
CA Civ Pro Code § 484.320 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 4 - Noticed Hearing Procedure for Obtaining Writ of Attachment|ARTICLE 2 - Noticed Hearing Procedure for Obtaining Additional Writs|Section 484.320.

484.320.  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 under Article 1 (commencing with Section 484.010) or that the court has found pursuant to Section 485.240 that the plaintiff is entitled to a right to attach order.(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 the property is subject to attachment. The description shall satisfy the requirements of Section 484.020.(d) A statement that the applicant has no information or belief that the claim is discharged in a proceeding under Title 11 of the United States Code (Bankruptcy) or that the prosecution of the action is stayed in a proceeding under Title 11 of the United States Code (Bankruptcy).(Amended by Stats. 1982, Ch. 1198, Sec. 36. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
CA Civ Pro Code § 484.330 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 4 - Noticed Hearing Procedure for Obtaining Writ of Attachment|ARTICLE 2 - Noticed Hearing Procedure for Obtaining Additional Writs|Section 484.330.

484.330.  No writ of attachment shall be issued under this article except after a hearing. At least 15 days prior to the hearing, the defendant shall be served with both of the following:(a) A notice of application and hearing. (b) A copy of the application.(Amended by Stats. 1991, Ch. 1090, Sec. 2.)
CA Civ Pro Code § 484.340 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 4 - Noticed Hearing Procedure for Obtaining Writ of Attachment|ARTICLE 2 - Noticed Hearing Procedure for Obtaining Additional Writs|Section 484.340.

484.340.  The notice of application and hearing shall inform the defendant of all of the following:(a) The plaintiff has applied for a writ of attachment to attach the property described in the application.(b) A hearing will be held at a place and at a time, to be specified in the notice, to determine whether the plaintiff is entitled to the writ.(c) A writ of attachment will be issued to attach the property described in the plaintiff’s application unless the court determines that the property is exempt from attachment or that its value clearly exceeds the amount necessary to satisfy the amount to be secured by the attachment.(d) If the defendant claims that the property described in the application, or a portion thereof, is exempt from attachment, the defendant may file with the court and serve on the plaintiff a claim of exemption with respect to the property as provided in Section 484.350 not later than five days prior to the date set for hearing. If the defendant fails to make such a claim with respect to personal property, the defendant may not later claim the exemption in the absence of a showing of a change in circumstances occurring after the expiration of the time for claiming exemptions.(e) Either the defendant or the defendant’s attorney or both of them may be present at the hearing.(f) The notice shall contain the following statement: “You may seek the advice of an attorney as to any matter connected with the plaintiff’s application. The attorney should be consulted promptly so that the attorney may assist you before the time set for hearing.”(Amended by Stats. 1982, Ch. 1198, Sec. 37. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
CA Civ Pro Code § 484.350 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 4 - Noticed Hearing Procedure for Obtaining Writ of Attachment|ARTICLE 2 - Noticed Hearing Procedure for Obtaining Additional Writs|Section 484.350.

484.350.  (a) If the defendant claims that the property described in the plaintiff’s application, or a portion of such property, is exempt from attachment, the defendant may claim the exemption as provided in this section. If the defendant fails to make a claim with respect to personal property, or makes a claim with respect to real or personal property but fails to prove that the property is exempt, the defendant may not later claim the exemption except as provided in Section 482.100.(b) The claim of exemption shall:(1) Describe the property claimed to be exempt.(2) Specify the statute section supporting the claim.(c) The claim of exemption shall be accompanied by an affidavit supporting any factual issues raised by the claim and points and authorities supporting any legal issues raised.(d) The claim of exemption, together with any supporting affidavit and points and authorities, shall be filed and served on the plaintiff not less than five court days before the date set for the hearing.(Amended by Stats. 1998, Ch. 932, Sec. 15. Effective January 1, 1999.)
CA Civ Pro Code § 484.360 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 4 - Noticed Hearing Procedure for Obtaining Writ of Attachment|ARTICLE 2 - Noticed Hearing Procedure for Obtaining Additional Writs|Section 484.360.

484.360.  (a) If the defendant files and serves a claim of exemption and the plaintiff desires to oppose the claim, he shall file and serve on the defendant, not less than two days before the date set for the hearing, a notice of opposition to the claim of exemption, accompanied by an affidavit supporting any factual issues raised and points and authorities supporting any legal issues raised.(b) If the defendant files and serves a claim of exemption and supporting affidavit as provided in Section 484.350 and the plaintiff does not file and serve a notice of opposition as provided in this section, no writ of attachment shall be issued as to the property claimed to be exempt. If all of the property described in the plaintiff’s application is claimed to be exempt and the plaintiff does not file and serve a notice of opposition as provided in this section, no hearing shall be held and no writ of attachment shall be issued.(c) If the plaintiff files and serves a notice of opposition to the claim as provided in this section, the defendant has the burden of proving that the property is exempt from attachment.(Added by Stats. 1974, Ch. 1516.)
CA Civ Pro Code § 484.370 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 4 - Noticed Hearing Procedure for Obtaining Writ of Attachment|ARTICLE 2 - Noticed Hearing Procedure for Obtaining Additional Writs|Section 484.370.

484.370.  The hearing shall be conducted in the manner prescribed in Section 484.090 and the court 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 Article 1 (commencing with Section 484.010) or the court has found pursuant to Section 485.240 that the plaintiff is entitled to a right to attach order.(b) The defendant has failed to prove that the property sought to be attached, or the portion thereof to be described in the writ, is exempt from attachment. (Amended by Stats. 1976, Ch. 437.)
CA Civ Pro Code § 484.510 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 4 - Noticed Hearing Procedure for Obtaining Writ of Attachment|ARTICLE 3 - Ex Parte Procedure for Obtaining Additional Writs|Section 484.510.

484.510.  (a) At any time after a right to attach order has been issued under Article 1 (commencing with Section 484.010) or after the court has found pursuant to Section 485.240 that the plaintiff is entitled to a right to attach order, the plaintiff may apply for a writ of attachment under this article by filing an application which meets the requirements of Section 484.320 with the court in which the action is brought.(b) The application shall be accompanied by an affidavit showing that the property sought to be attached is not exempt from attachment. Such affidavit may be based on the affiant’s information and belief.(Added by Stats. 1974, Ch. 1516.)
CA Civ Pro Code § 484.520 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 4 - Noticed Hearing Procedure for Obtaining Writ of Attachment|ARTICLE 3 - Ex Parte Procedure for Obtaining Additional Writs|Section 484.520.

484.520.  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 Article 1 (commencing with Section 484.010) or the court has found pursuant to Section 485.240 that the plaintiff is entitled to a right to attach order.(b) The affidavit accompanying the application shows that the property sought to be attached, or the portion thereof to be described in the writ, is not exempt from attachment.(Amended by Stats. 1976, Ch. 437.)
CA Civ Pro Code § 484.530 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 4 - Noticed Hearing Procedure for Obtaining Writ of Attachment|ARTICLE 3 - Ex Parte Procedure for Obtaining Additional Writs|Section 484.530.

484.530.  (a) The defendant may claim an exemption as to real or personal property levied upon pursuant to a writ issued under this article by following the procedure set forth in Article 2 (commencing with Section 703.510) of Chapter 4 of Division 2 of Title 9, except that the defendant shall claim the exemption as to personal property not later than 30 days after the levying officer serves the defendant with the notice of attachment describing such property. For this purpose, 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.(b) The defendant may claim the exemption provided by subdivision (b) of Section 487.020 within the time provided by subdivision (a) of this section 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.(c) Notwithstanding subdivisions (a) and (b), a claim of exemption shall be denied if the claim has been denied earlier in the action and there is no change in circumstances affecting the claim.(Amended by Stats. 1982, Ch. 1198, Sec. 39. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
CA Civ Pro Code § 485.010 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 5 - Ex Parte Hearing Procedure for Obtaining Writ of Attachment|ARTICLE 1 - Great or Irreparable Injury Requirement|Section 485.010.

485.010.  (a) Except as otherwise provided by statute, no right to attach order or writ of attachment may be issued pursuant to this chapter unless it appears from facts shown by affidavit that great or irreparable injury would result to the plaintiff if issuance of the order were delayed until the matter could be heard on notice.(b) The requirement of subdivision (a) is satisfied if any of the following are shown:(1) Under the circumstances of the case, it may be inferred that there is a danger that the property sought to be attached would be concealed, substantially impaired in value, or otherwise made unavailable to levy if issuance of the order were delayed until the matter could be heard on notice.(2) Under the circumstances of the case, it may be inferred that the defendant has failed to pay the debt underlying the requested attachment and the defendant is insolvent in the sense that the defendant is generally not paying his or her debts as those debts become due, unless the debts are subject to a bona fide dispute. Plaintiff’s affidavit filed in support of the ex parte attachment shall state, in addition to the requirements of Section 485.530, the known undisputed debts of the defendant, that the debts are not subject to bona fide dispute, and the basis for plaintiff’s determination that the defendant’s debts are undisputed.(3) A bulk sales notice has been recorded and published pursuant to Division 6 (commencing with Section 6101) of the Commercial Code with respect to a bulk transfer by the defendant.(4) An escrow has been opened pursuant to the provisions of Section 24074 of the Business and Professions Code with respect to the sale by the defendant of a liquor license.(5) Any other circumstance showing that great or irreparable injury would result to the plaintiff if issuance of the order were delayed until the matter could be heard on notice.(c) Upon a writ being issued solely on a showing under paragraph (2) of subdivision (b), if the defendant requests the court to review the issuance of the writ, the court shall conduct a hearing within five court days after the plaintiff is served with notice of the defendant’s request. A writ issued solely on a showing under paragraph (3) of subdivision (b) shall be limited to the property covered by the bulk sales notice or the proceeds of the sale of such property. In addition to any other service required by this title, such writ shall be served by the levying officer on the transferee or auctioneer identified by the bulk sales notice not more than five days after the levy of such writ. A writ issued solely on a showing under paragraph (4) of subdivision (b) shall be limited to the plaintiff’s pro rata share of the proceeds of the sale in escrow.(Amended by Stats. 1988, Ch. 727, Sec. 1.)
CA Civ Pro Code § 485.210 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 5 - Ex Parte Hearing Procedure for Obtaining Writ of Attachment|ARTICLE 2 - Order Determining Right to Attach; Issuance of Writ of Attachment|Section 485.210.

485.210.  (a) Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article 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, in addition, shall include a statement showing that the requirement of Section 485.010 is satisfied.(c) The application shall be supported by an affidavit showing all of the following:(1) The plaintiff on the facts presented would be entitled to a judgment on the claim upon which the attachment is based.(2) The plaintiff would suffer great or irreparable injury (within the meaning of Section 485.010) if issuance of the order were delayed until the matter could be heard on notice.(3) The property sought to be attached is not exempt from attachment.(d) An affidavit in support of the showing required by paragraph (3) of subdivision (c) may be based on the affiant’s information and belief.(Added by Stats. 1974, Ch. 1516.)
CA Civ Pro Code § 485.220 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 5 - Ex Parte Hearing Procedure for Obtaining Writ of Attachment|ARTICLE 2 - Order Determining Right to Attach; Issuance of Writ of Attachment|Section 485.220.

485.220.  (a) The court shall examine the application and supporting affidavit and, except as provided in Section 486.030, 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 attachment is not sought for a purpose other than the recovery upon the claim upon which the attachment is based.(4) The affidavit accompanying the application shows that the property sought to be attached, or the portion thereof to be specified in the writ, is not exempt from attachment.(5) The plaintiff will suffer great or irreparable injury (within the meaning of Section 485.010) if issuance of the order is delayed until the matter can be heard on notice.(6) The amount to be secured by the attachment is greater than zero.(b) If the court finds that the application and the supporting affidavit do not satisfy the requirements of Section 485.010, it shall so state and deny the order. If denial is solely on the ground that Section 485.010 is not satisfied, the court 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. 9. Effective January 1, 1998.)
CA Civ Pro Code § 485.230 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 5 - Ex Parte Hearing Procedure for Obtaining Writ of Attachment|ARTICLE 2 - Order Determining Right to Attach; Issuance of Writ of Attachment|Section 485.230.

485.230.  Where a right to attach order has been issued by the court, a plaintiff may discover, through any means provided for by, and subject to the protections included in, Title 4 (commencing with Section 2016.010) of Part 4, the identity, location, and value of property in which the defendant has an interest.(Amended by Stats. 2004, Ch. 182, Sec. 10. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
CA Civ Pro Code § 485.240 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 5 - Ex Parte Hearing Procedure for Obtaining Writ of Attachment|ARTICLE 2 - Order Determining Right to Attach; Issuance of Writ of Attachment|Section 485.240.

485.240.  (a) Any defendant whose property has been attached pursuant to a writ issued under this chapter may apply for an order (1) that the right to attach order be set aside, the writ of attachment quashed, and any property levied upon pursuant to the writ be released, or (2) that the amount to be secured by the attachment be reduced as provided in Section 483.015. 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. It shall not be grounds to set aside an order that the plaintiff would not have suffered great or irreparable injury (within the meaning of Section 485.010) if issuance of the order had been delayed until the matter could have been heard on notice.(c) At the hearing on the motion, the court shall determine whether the plaintiff is entitled to the right to attach order or whether the amount to be secured by the attachment should be reduced. If the court finds that the plaintiff is not entitled to the right to attach order, it shall order the right to attach order set aside, the writ of attachment quashed, and any property levied on pursuant to the writ released. If the court finds that the plaintiff is entitled to the right to attach order, 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.(d) The court’s determinations 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.(e) 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.(Amended by Stats. 1983, Ch. 155, Sec. 4. Effective June 30, 1983. Operative July 1, 1983, by Sec. 32 of Ch. 155.)