AttachmentTemporary Protective Order

Section § 486.010

Explanation

If someone is applying for a court order to temporarily protect assets before a lawsuit, they can also request a temporary protective order. When doing this, they need to explain exactly what protection they want and why it's crucial to prevent substantial harm that can't be fixed later.

(a)CA Civil Procedure Code § 486.010(a) At the time of applying for a right to attach order under Chapter 4 (commencing with Section 484.010), the plaintiff may apply pursuant to this chapter for a temporary protective order by filing an application for the order with the court in which the action is brought.
(b)CA Civil Procedure Code § 486.010(b) The application shall state what relief is requested and shall be supported by an affidavit, which may be based on information and belief, showing that the plaintiff would suffer great or irreparable injury (within the meaning of Section 485.010) if the temporary protective order were not issued.
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Section § 486.020

Explanation

Before a court can issue a temporary protective order to secure money through attachment, it needs to check several things. First, the claim must be eligible for attachment. The person asking for the order (the plaintiff) must show they probably have a valid claim. The request for the protective order must be solely for recovering the claim, and the plaintiff must be at risk of serious harm if the order isn't granted. This process involves filing specific paperwork and offering a financial guarantee.

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)CA Civil Procedure Code § 486.020(a) The claim upon which the application for attachment is based is one upon which an attachment may be issued.
(b)CA Civil Procedure Code § 486.020(b) The plaintiff has established the probable validity of the claim upon which the application for the attachment is based.
(c)CA Civil Procedure Code § 486.020(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)CA Civil Procedure Code § 486.020(d) The plaintiff will suffer great or irreparable injury (within the meaning of Section 485.010) if the temporary protective order is not issued.
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Section § 486.030

Explanation

This law lets a court decide whether to grant a temporary protective order instead of a full right to attach order and writ of attachment when the plaintiff requests one. The court considers fairness and how it affects both sides, especially the impact of granting a writ without the defendant present (ex parte). If granted, the application is treated under specific rules, and the plaintiff must properly inform the defendant.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 486.030(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.
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Section § 486.040

Explanation

This law says that when a temporary protective order is issued, the court will decide what is fair and just for both sides involved. The decision will consider how the order affects the people on both sides of the case.

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.
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Section § 486.050

Explanation

This law section explains that a temporary protective order can stop a defendant from transferring their property within the state if it's about to be seized due to a legal action. However, if the property is farm products or inventory meant for sale, the order won't stop such sales in the usual business process, but it may restrict how the money from these sales is used.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 486.050(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.
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Section § 486.060

Explanation

This law explains that even if there is a temporary protective order, a defendant can still write checks from their accounts in a California bank under certain conditions. They can issue checks for regular business payroll, goods delivered on a cash-on-delivery basis, urgent tax payments to avoid penalties, and reasonable legal fees. Besides these, they can write additional checks as long as the total does not exceed what's left in their account after considering the amount already secured and the specified purposes, or $1,000, whichever is more.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 486.060(b) The defendant may issue any number of checks in any amount for the following purposes:
(1)CA Civil Procedure Code § 486.060(b)(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)CA Civil Procedure Code § 486.060(b)(2) Payment for goods thereafter delivered to the defendant C.O.D. for use in the defendant’s trade, business, or profession.
(3)CA Civil Procedure Code § 486.060(b)(3) Payment of taxes if payment is necessary to avoid penalties which will accrue if there is any further delay in payment.
(4)CA Civil Procedure Code § 486.060(b)(4) Payment of reasonable legal fees and reasonable costs and expenses required for the representation of the defendant in the action.
(c)CA Civil Procedure Code § 486.060(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)CA Civil Procedure Code § 486.060(c)(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)CA Civil Procedure Code § 486.060(c)(2) One thousand dollars ($1,000).
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Section § 486.070

Explanation

This law says that a temporary protective order under this chapter only applies to the defendant. It doesn't matter if anyone else knows about it or if they have been given a copy of the order; it still only affects the defendant.

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.
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Section § 486.080

Explanation

This law states that when a temporary protective order is issued, it must be personally handed to the defendant along with certain documents mentioned in another law section.

The temporary protective order shall be personally served on the defendant together with the documents referred to in Section 484.040.
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Section § 486.090

Explanation

A temporary protective order stops being valid at the earliest of three possible times: either 40 days after it's issued, on an earlier date if the court sets one, or when the plaintiff officially takes hold of the property described in the order.

Except as otherwise provided in this title, the temporary protective order shall expire at the earliest of the following times:
(a)CA Civil Procedure Code § 486.090(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)CA Civil Procedure Code § 486.090(b) As to specific property described in the order, when a levy of attachment upon that property is made by the plaintiff.
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Section § 486.100

Explanation
This law allows a defendant to request changes or cancellation of a temporary protective order if the court believes it is fair to both parties. The court will consider how the order affects the defendant and the plaintiff, along with any other important factors.
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.
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Section § 486.110

Explanation

This law says that when a defendant is served with a temporary protective order, a lien or legal claim is placed on their property described in the order. This lien stays in place even if the property is transferred or changed in some way, unless the person getting the property is specifically exempted by another law. The lien ends when the temporary protective order expires, unless some legal action is taken on the property while the order is still active.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 486.110(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.
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