California Code of Civil Procedure ARTICLE 1 - Right to Attach Order; Issuance of Writ of Attachment

  • Section 484.010.
    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...
  • Section 484.020.
    The application shall be executed under oath and shall include all of the following:(a) A statement showing that the attachment is sought to secure the recovery...
  • Section 484.030.
    The application shall be supported by an affidavit showing that the plaintiff on the facts presented would be entitled to a judgment on the claim...
  • Section 484.040.
    No order or writ shall be issued under this article except after a hearing. At the times prescribed by subdivision (b) of Section 1005, the...
  • Section 484.050.
    The notice of application and hearing shall inform the defendant of all of the following:(a) A hearing will be held at a place and at a...
  • Section 484.060.
    (a) If the defendant desires to oppose the issuance of the right to attach order sought by plaintiff or objects to the amount sought to be...
  • Section 484.070.
    (a) If the defendant claims that the personal property described in the plaintiff’s application, or a portion of such property, is exempt from attachment, the defendant...
  • Section 484.080.
    (a) At the time set for the hearing, the plaintiff shall be ready to proceed. If the plaintiff is not ready, or if he has failed...
  • Section 484.090.
    (a) At the hearing, the court shall consider the showing made by the parties appearing and shall issue a right to attach order, which shall state...
  • Section 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...
  • Section 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...

Last modified: October 22, 2018