Ex Parte Hearing Procedure for Obtaining Writ of AttachmentOrder Determining Right to Attach; Issuance of Writ of Attachment

Section § 485.210

Explanation

This law allows someone who has filed a lawsuit to request the court's permission to seize another party's property before the court case is decided. To do this, they must file a specific application that includes proof they will likely win the case, would suffer significant harm if the property isn't seized right away, and that the property can legally be taken. The application must also comply with certain legal requirements and be supported by a sworn statement.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 485.210(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)CA Civil Procedure Code § 485.210(c) The application shall be supported by an affidavit showing all of the following:
(1)CA Civil Procedure Code § 485.210(c)(1) The plaintiff on the facts presented would be entitled to a judgment on the claim upon which the attachment is based.
(2)CA Civil Procedure Code § 485.210(c)(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)CA Civil Procedure Code § 485.210(c)(3) The property sought to be attached is not exempt from attachment.
(d)CA Civil Procedure Code § 485.210(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.
right to attach order writ of attachment affidavit requirements ...

Section § 485.220

Explanation

This law outlines the conditions under which a court in California can issue a 'right to attach order,' which allows a creditor to secure an amount through an attachment. The court must find several things: the claim supports an attachment, the claim is probably valid, the attachment aims solely to recover on that claim, the property isn't exempt from attachment, delaying the order would cause serious harm to the plaintiff, and the secured amount is more than zero. If these conditions are not met according to a specific section, the court can deny the order but allows the plaintiff to reapply with the same documents under different procedures.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 485.220(a)(1) The claim upon which the attachment is based is one upon which an attachment may be issued.
(2)CA Civil Procedure Code § 485.220(a)(2) The plaintiff has established the probable validity of the claim upon which the attachment is based.
(3)CA Civil Procedure Code § 485.220(a)(3) The attachment is not sought for a purpose other than the recovery upon the claim upon which the attachment is based.
(4)CA Civil Procedure Code § 485.220(a)(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)CA Civil Procedure Code § 485.220(a)(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)CA Civil Procedure Code § 485.220(a)(6) The amount to be secured by the attachment is greater than zero.
(b)CA Civil Procedure Code § 485.220(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.
right to attach order writ of attachment supporting affidavit ...

Section § 485.230

Explanation

If a court has issued a right to attach order, the person who is suing can use various legal methods to find out what property the defendant owns, where it is, and how much it's worth, while following certain rules and protections.

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.
right to attach order property interest plaintiff discovery ...

Section § 485.240

Explanation

If someone’s property has been seized through a legal process called attachment, they can ask the court to reverse this action. The person needs to file a request to the court explaining why it should cancel the order that allowed their property to be taken, or at least lower the amount secured. At the hearing, the court looks at the evidence to decide if the property should remain seized or not. The hearing is important and gets priority over most other court business that day. If the court decides that the seizure was not justified, it'll cancel the order and return the property. Otherwise, the person who initiated the seizure can seek further legal actions. The decision will be based on existing court records, but the court can allow more evidence if necessary.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 485.240(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)CA Civil Procedure Code § 485.240(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)CA Civil Procedure Code § 485.240(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)CA Civil Procedure Code § 485.240(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.
property attachment writ of attachment set aside ...