reglab/statecodes huggingface dataset:
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 11 - Attaching Plaintiff s Miscellaneous Remedies › ARTICLE 1 - Examination of Third Person › Section 491.150.

491.150. (a) Except as otherwise provided in this section, the proper court for examination of a person under this article is the court that issued the writ of attachment.
(b) A person sought to be examined may not be required to attend an examination before a court located outside the county in which the person resides or has a place of business unless the distance from the person’s place of residence or place of business to the place of examination is less than 150 miles.
(c) If a person sought to be examined does not reside or have a place of business in the county where the court that issued the writ is located, the superior court in the county where the person resides or has a place of business is a proper court for examination of the person.
(d) If the plaintiff seeks an examination of a person before a court other than the court that issued the writ, the plaintiff shall file an application that shall include all of the following:
(1) A certified copy of the complaint in the pending action.
(2) An affidavit in support of the application stating the place of residence or place of business of the person sought to be examined.
(3) Any necessary affidavit or showing for the examination as required by Section 491.110.
(4)  The filing fee for a motion as provided in subdivision (a) of Section 70617 of the Government Code.
(Amended by Stats. 2005, Ch. 75, Sec. 33. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 11 - Attaching Plaintiff s Miscellaneous Remedies › ARTICLE 1 - Examination of Third Person › Section 491.160.

491.160. (a) If an order requiring a person to appear for an examination was served by a sheriff, marshal, a person specially appointed by the court in the order, or a registered process server, and the person fails to appear:
(1) The court may do either of the following:
(A) Pursuant to a warrant, have the person brought before the court to answer for the failure to appear and may punish the person for contempt.
(B) Issue a warrant for the arrest of the person who failed to appear as required by the court order, pursuant to Section 1993.
(2) If the person’s failure to appear is without good cause, the plaintiff shall be awarded reasonable attorney’s fees incurred in the examination proceeding.
(b) A person who willfully makes an improper service of an order for an examination which subsequently results in the arrest pursuant to subdivision (a) of the person who fails to appear is guilty of a misdemeanor.
(Amended by Stats. 2006, Ch. 277, Sec. 1. Effective January 1, 2007.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 11 - Attaching Plaintiff s Miscellaneous Remedies › ARTICLE 1 - Examination of Third Person › Section 491.170.

491.170. (a) Subject to subdivision (b), if a third person examined pursuant to this article claims an interest in the property adverse to the defendant or denies the debt, the court may, if the plaintiff so requests, determine the interests in the property or the existence of the debt. Such a determination is conclusive as to the plaintiff, the defendant, and the third person, but an appeal may be taken from the determination in the manner provided for appeals from the court in which the proceeding takes place. The court may grant a continuance for a reasonable time for discovery proceedings, the production of evidence, or other preparation for the hearing.
(b) The court may not make the determination provided in subdivision (a) if the third person’s claim is made in good faith and any of the following conditions is satisfied:
(1) The court would not be a proper court for the trial of an independent civil action (including a creditor’s suit) for the determination of the interests in the property or the existence of the debt, and the third person objects to the determination of the matter under subdivision (a).
(2) At the time an order for examination pursuant to this article is served on the third person a civil action (including a creditor’s suit) is pending with respect to the interests in the property or the existence of the debt.
(3) The court determines that the interests in the property or the existence of the debt should be determined in a creditor’s suit.
(c) Upon application of the plaintiff made ex parte, the court may make an order forbidding transfer of the property to the defendant or payment of the debt to the defendant until the interests in the property or the existence of the debt is determined pursuant to subdivision (a) or until a creditor’s suit may be commenced and an order obtained pursuant to Section 491.340. 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.
(d) Upon application of the plaintiff upon noticed motion, the court, if it determines that the defendant probably owns an interest in the property or that the debt probably is owed to the defendant, may make an order forbidding the transfer or other disposition of the property to any person or forbidding payment of the debt until the interests in the property or the existence of the debt is determined pursuant to subdivision (a) or until a creditor’s suit may be commenced and an order obtained pursuant to Section 491.340. The court shall require the plaintiff to furnish an undertaking as provided in Section 529. The court may modify or vacate the order at any time after notice and hearing on such terms as are just.
(Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 11 - Attaching Plaintiff s Miscellaneous Remedies › ARTICLE 1 - Examination of Third Person › Section 491.180.

491.180. In any proceeding under this article, the court may, on motion of the person to be examined or on its own motion, make such protective orders as justice may require.
(Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 11 - Attaching Plaintiff s Miscellaneous Remedies › ARTICLE 1 - Examination of Third Person › Section 491.190.

491.190. (a) Except as provided in subdivision (b), at the conclusion of a proceeding pursuant to this article:
(1) The court may order the defendant’s interest in the property in the possession or under the control of the third person or a debt owed by the third person to the defendant to be attached in the manner and under the conditions provided by this title or to be delivered or paid to the levying officer if the levying officer has a writ of attachment permitting the attachment of the property or debt. After the property or debt has been attached, the order may be enforced as provided in Section 491.360. The order creates a lien on the property or debt. The lien continues for a period of one year from the date of the order unless the court extends or reduces the period of the existence of the lien.
(2) If the property or debt has previously been attached, the court may make an order determining the third person’s liability, and the order may be enforced as provided in Section 491.360.
(b) If a third person examined pursuant to this article claims an interest in the property adverse to the defendant or denies the debt and the court does not determine the matter as provided in subdivision (a) of Section 491.170, the court may not make an order under subdivision (a) of this section, but may make an order pursuant to subdivision (c) or (d) of Section 491.170 forbidding transfer or payment to the extent authorized by that section.
(Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 11 - Attaching Plaintiff s Miscellaneous Remedies › ARTICLE 1 - Examination of Third Person › Section 491.200.

491.200. A lien created under this article continues on property subject to the lien notwithstanding the transfer or encumbrance of the property subject to the lien unless the transfer or encumbrance is made to a person listed in Section 697.740.
(Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 11 - Attaching Plaintiff s Miscellaneous Remedies › ARTICLE 2 - Creditor s Suit › Section 491.310.

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.
(Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 11 - Attaching Plaintiff s Miscellaneous Remedies › ARTICLE 2 - Creditor s Suit › Section 491.320.

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.
(Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 11 - Attaching Plaintiff s Miscellaneous Remedies › ARTICLE 2 - Creditor s Suit › Section 491.330.

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.
(Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 11 - Attaching Plaintiff s Miscellaneous Remedies › ARTICLE 2 - Creditor s Suit › Section 491.340.

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.
(Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 11 - Attaching Plaintiff s Miscellaneous Remedies › ARTICLE 2 - Creditor s Suit › Section 491.350.

491.350. There is no right to a jury trial in an action under this article.
(Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 11 - Attaching Plaintiff s Miscellaneous Remedies › ARTICLE 2 - Creditor s Suit › Section 491.360.

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.
(Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 11 - Attaching Plaintiff s Miscellaneous Remedies › ARTICLE 2 - Creditor s Suit › Section 491.370.

491.370. Costs incurred by or taxed against the plaintiff in an action under this article may not be recovered from the defendant.
(Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 11 - Attaching Plaintiff s Miscellaneous Remedies › ARTICLE 3 - Lien in Pending Action or Proceeding › Section 491.410.

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.
(Amended by Stats. 1984, Ch. 538, Sec. 8.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 11 - Attaching Plaintiff s Miscellaneous Remedies › ARTICLE 3 - Lien in Pending Action or Proceeding › Section 491.415.

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.
(Added by Stats. 1984, Ch. 538, Sec. 9.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 11 - Attaching Plaintiff s Miscellaneous Remedies › ARTICLE 3 - Lien in Pending Action or Proceeding › Section 491.420.

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.
(Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 11 - Attaching Plaintiff s Miscellaneous Remedies › ARTICLE 3 - Lien in Pending Action or Proceeding › Section 491.430.

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).
(Amended by Stats. 1984, Ch. 538, Sec. 10.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 11 - Attaching Plaintiff s Miscellaneous Remedies › ARTICLE 3 - Lien in Pending Action or Proceeding › Section 491.440.

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.
(Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 11 - Attaching Plaintiff s Miscellaneous Remedies › ARTICLE 3 - Lien in Pending Action or Proceeding › Section 491.450.

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.
(Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 11 - Attaching Plaintiff s Miscellaneous Remedies › ARTICLE 3 - Lien in Pending Action or Proceeding › Section 491.460.

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.
(Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 11 - Attaching Plaintiff s Miscellaneous Remedies › ARTICLE 3 - Lien in Pending Action or Proceeding › Section 491.470.

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.
(Added by Stats. 1984, Ch. 538, Sec. 11.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 12 - Nonresident Attachment › Section 492.050.

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.
(Added by Stats. 1974, Ch. 1516.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 12 - Nonresident Attachment › Section 492.060.

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.
(Added by Stats. 1974, Ch. 1516.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 12 - Nonresident Attachment › Section 492.070.

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.
(Amended by Stats. 1982, Ch. 1198, Sec. 60. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 12 - Nonresident Attachment › Section 492.090.

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.
(Amended by Stats. 1976, Ch. 437.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 13 - Effect of Bankruptcy Proceedings and General Assignments for the Benefit of Creditors › Section 493.010.

493.010. As used in this chapter, “general assignment for the benefit of creditors” means an assignment which satisfies all of the following requirements:
(a) The assignment is an assignment of all the defendant’s assets that are transferable and not exempt from enforcement of a money judgment.
(b) The assignment is for the benefit of all the defendant’s creditors.
(c) The assignment does not itself create a preference of one creditor or class of creditors over any other creditor or class of creditors, but the assignment may recognize the existence of preferences to which creditors are otherwise entitled.
(Amended by Stats. 1982, Ch. 1198, Sec. 61. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 13 - Effect of Bankruptcy Proceedings and General Assignments for the Benefit of Creditors › Section 493.020.

493.020. Notwithstanding any other provision of this title, the defendant may make a general assignment for the benefit of creditors.
(Added by Stats. 1977, Ch. 499.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 13 - Effect of Bankruptcy Proceedings and General Assignments for the Benefit of Creditors › Section 493.030.

493.030. (a) The making of a general assignment for the benefit of creditors terminates a lien of a temporary protective order or of attachment if the lien was created within 90 days prior to the making of the general assignment.
(b) The filing of a petition commencing a voluntary or involuntary case under Title 11 of the United States Code (Bankruptcy) terminates a lien of a temporary protective order or of attachment if the lien was created within 90 days prior to the filing of the petition.
(c) Subdivisions (a) and (b) do not apply unless all liens of attachment on the defendant’s property in other states that were created within 90 days prior to the making of a general assignment for the benefit of creditors or the filing of a petition commencing a case under Title 11 of the United States Code (Bankruptcy) have terminated.
(Amended by Stats. 1979, Ch. 177.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 13 - Effect of Bankruptcy Proceedings and General Assignments for the Benefit of Creditors › Section 493.040.

493.040. (a) Where a lien of attachment terminates pursuant to Section 493.030, the assignee under a general assignment for the benefit of creditors or, in the case of a bankruptcy, the trustee, interim trustee, or the debtor in possession if there is no trustee or interim trustee, may secure the release of the attached property by filing with the levying officer a request for release of attachment stating the grounds for release and describing the property to be released, executed under oath, together with a copy thereof.
(b) In the case of an assignee, the request shall include two copies of the general assignment for the benefit of creditors.
(c) In the case of a trustee, interim trustee, or debtor in possession, the request shall include a certified copy of the petition in bankruptcy, together with a copy thereof.
(d) If immediate release of the attachment is sought, the request shall be accompanied by an undertaking to pay the plaintiff any damages resulting from an improper release of the attachment, in the amount to be secured by the attachment, executed by an admitted surety insurer.
(e) Within five days after the filing of the request for release of attachment, the levying officer shall mail to the plaintiff:
(1) A copy of the request for release of the attachment, including the copy of the document filed pursuant to subdivision (b) or (c).
(2) If an undertaking has not been given, a notice that the attachment will be released pursuant to the request for release of attachment unless otherwise ordered by a court within 10 days after the date of mailing the notice.
(3) If an undertaking has been given, a notice that the attachment has been released.
(f) Unless otherwise ordered by a court, if an undertaking has not been given, the levying officer shall release the attachment pursuant to the request for release of attachment after the expiration of 10 days from the date of mailing the papers referred to in subdivision (e) to the plaintiff. If an undertaking has been given, the levying officer shall immediately release the attachment pursuant to the request for release of attachment.
(g) Where the attached property has been taken into custody, it shall be released to the person making the request for release of attachment or some other person designated in the request. Where the attached property has not been taken into custody, it shall be released as provided in subdivision (c) or (d) of Section 488.730.
(h) The levying officer is not liable for releasing an attachment in accordance with this section nor is any other person liable for acting in conformity with the release.
(Amended by Stats. 1982, Ch. 1198, Sec. 62.5. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 13 - Effect of Bankruptcy Proceedings and General Assignments for the Benefit of Creditors › Section 493.050.

493.050. (a) The lien of a temporary protective order or of attachment, which has terminated pursuant to Section 493.030, is reinstated with the same effect as if it had not been terminated in the following cases:
(1) Where the termination is the result of the making of a general assignment for the benefit of creditors and the general assignment for the benefit of creditors is set aside otherwise than by the filing of a petition commencing a case under Title 11 of the United States Code (Bankruptcy).
(2) Where the termination is the result of the filing of a petition commencing a case under Title 11 of the United States Code (Bankruptcy) and the petition is dismissed.
(3) Where the termination is the result of the filing of a petition commencing a case under Title 11 of the United States Code (Bankruptcy) and the trustee abandons property which had been subject to the lien of the temporary protective order or of attachment.
(b) The period from the making of a general assignment for the benefit of creditors until reinstatement of the lien of the temporary protective order or of attachment is not counted in determining the duration of the temporary protective order or the lien of attachment.
(Amended by Stats. 1979, Ch. 177.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 13 - Effect of Bankruptcy Proceedings and General Assignments for the Benefit of Creditors › Section 493.060.

493.060. (a) Upon the making of a general assignment for the benefit of creditors that terminates a lien under this chapter, the assignee is subrogated to the rights of the plaintiff under the temporary protective order or attachment.
(b) Upon the filing of a petition commencing a case under Title 11 of the United States Code (Bankruptcy), a lien terminated pursuant to this chapter is preserved for the benefit of the estate.
(Amended by Stats. 1979, Ch. 177.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 1 - General Provisions › Section 501.

501. A person may not be imprisoned in a civil action for debt or tort, whether before or after judgment. Nothing in this section affects any power a court may have to imprison a person who violates a court order.
(Added by Stats. 1974, Ch. 1516.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 2 - Claim and Delivery of Personal Property › ARTICLE 1 - Words and Phrases Defined › Section 511.010.

511.010. Unless the provision or context otherwise requires, the definitions in this article govern the construction of this chapter.
(Added by Stats. 1973, Ch. 526.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 2 - Claim and Delivery of Personal Property › ARTICLE 1 - Words and Phrases Defined › Section 511.020.

511.020. “Complaint” includes a cross-complaint.
(Added by Stats. 1973, Ch. 526.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 2 - Claim and Delivery of Personal Property › ARTICLE 1 - Words and Phrases Defined › Section 511.030.

511.030. “Defendant” includes a cross-defendant.
(Added by Stats. 1973, Ch. 526.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 2 - Claim and Delivery of Personal Property › ARTICLE 1 - Words and Phrases Defined › Section 511.040.

511.040. “Farm products” means crops or livestock or supplies used or produced in farming operations or products of crops or livestock in their unmanufactured states (such as ginned cotton, wool clip, maple syrup, honey, milk, and eggs) while in the possession of a defendant engaged in raising, fattening, grazing, or other farming operations. If tangible personal property is a farm product, it is not inventory.
(Added by Stats. 1973, Ch. 526.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 2 - Claim and Delivery of Personal Property › ARTICLE 1 - Words and Phrases Defined › Section 511.050.

511.050. “Inventory” means tangible personal property in the possession of a defendant who holds it for sale or lease or to be furnished under contracts of service.
(Added by Stats. 1973, Ch. 526.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 2 - Claim and Delivery of Personal Property › ARTICLE 1 - Words and Phrases Defined › Section 511.060.

511.060. “Levying officer” means the sheriff or marshal who is directed to execute a writ of possession issued under this chapter.
(Amended by Stats. 1996, Ch. 872, Sec. 14. Effective January 1, 1997.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 2 - Claim and Delivery of Personal Property › ARTICLE 1 - Words and Phrases Defined › Section 511.070.

511.070. “Person” includes an individual, a corporation, a partnership or other unincorporated association, a limited liability company, and a public entity.
(Amended by Stats. 1994, Ch. 1010, Sec. 59. Effective January 1, 1995.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 2 - Claim and Delivery of Personal Property › ARTICLE 1 - Words and Phrases Defined › Section 511.080.

511.080. “Plaintiff” means a person who files a complaint or cross-complaint.
(Added by Stats. 1973, Ch. 526.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 2 - Claim and Delivery of Personal Property › ARTICLE 1 - Words and Phrases Defined › Section 511.090.

511.090. A claim has “probable validity” where it is more likely than not that the plaintiff will obtain a judgment against the defendant on that claim.
(Added by Stats. 1973, Ch. 526.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 2 - Claim and Delivery of Personal Property › ARTICLE 1 - Words and Phrases Defined › Section 511.100.

511.100. “Public entity” includes the state, the Regents of the University of California, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the state.
(Added by Stats. 1973, Ch. 526.)