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Code of Civil Procedure - CCP - CCP § 482.050

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 482.050

(a) If the plaintiff so requests in writing at the time he files his complaint, the clerk of the court with whom the complaint is filed shall not make available to the public the records and documents in such action before either (1) 30 days after the filing of the complaint or (

Code of Civil Procedure - CCP - CCP § 482.060

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 482.060

(a) Except as otherwise provided in subdivision (b), the judicial duties to be performed under this title are subordinate judicial duties within the meaning of Section 22 of Article VI of the California Constitution and may be performed by appointed officers such as court commiss

Code of Civil Procedure - CCP - CCP § 482.070

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 482.070

(a) (1) Except as otherwise provided in this title, legal process required or permitted to be served under this title may be served personally or by mail. (2) For purposes of this title, the term “legal process” shall refer to each and all of the writs, notices, orders, or other

Code of Civil Procedure - CCP - CCP § 482.080

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 482.080

(a) If a writ of attachment is issued, the court may also issue an order directing the defendant to transfer to the levying officer either or both of the following: (1) Possession of the property to be attached if the property is sought to be attached by taking it into custody. (

Code of Civil Procedure - CCP - CCP § 482.090

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 482.090

(a) Several writs in the same form may be issued simultaneously or from time to time upon the same undertaking, whether or not any writ previously issued has been returned. (b) After the return of the writ of attachment, or upon the filing by the plaintiff of an affidavit setting

Code of Civil Procedure - CCP - CCP § 482.100

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 482.100

(a) The defendant may claim an exemption provided in Section 487.020 for property levied upon pursuant to a writ issued under this title if the right to the exemption is the result of a change in circumstances occurring after (1) the denial of a claim of exemption for the propert

Code of Civil Procedure - CCP - CCP § 482.110

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 482.110

(a) The plaintiff’s application for a right to attach order and a writ of attachment pursuant to this title may include an estimate of the costs and allowable attorney’s fees. (b) In the discretion of the court, the amount to be secured by the attachment may include an estimated

Code of Civil Procedure - CCP - CCP § 482.120

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 482.120

If the court determines at the hearing on issuance of a writ of attachment under this title that the value of the defendant’s interest in the property described in the plaintiff’s application clearly exceeds the amount necessary to satisfy the amount to be secured by the attachme

Code of Civil Procedure - CCP - CCP § 483.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 483.010

(a) Except as otherwise provided by statute, an attachment may be issued only in an action on a claim or claims for money, each of which is based upon a contract, express or implied, where the total amount of the claim or claims is a fixed or readily ascertainable amount not less

Code of Civil Procedure - CCP - CCP § 483.012

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 483.012

Subject to the restrictions of Sections 580b and 580d, in an action to foreclose a mortgage or deed of trust on real property or an estate for years therein, pursuit of any remedy provided by this title shall not constitute an action for the recovery of a debt for purposes of sub

Code of Civil Procedure - CCP - CCP § 483.013

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 483.013

Notwithstanding Section 483.010, federal disability benefits awarded to veterans for service-connected disabilities pursuant to Chapter 11 of Title 38 of the United States Code shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by

Code of Civil Procedure - CCP - CCP § 483.015

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 483.015

(a) Subject to subdivision (b) and to Section 483.020, the amount to be secured by an attachment is the sum of the following: (1) The amount of the defendant’s indebtedness claimed by the plaintiff. (2) Any additional amount included by the court under Section 482.110. (b) The am

Code of Civil Procedure - CCP - CCP § 483.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 483.020

(a) Subject to subdivisions (d) and (e), the amount to be secured by the attachment in an unlawful detainer proceeding is the sum of the following: (1) The amount of the rent due and unpaid as of the date of filing the complaint in the unlawful detainer proceeding. (2) Any additi

Code of Civil Procedure - CCP - CCP § 484.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 and a writ of attachment by filing an application for the order and writ with the court in which the action is brought.

Code of Civil Procedure - CCP - CCP § 484.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 on a claim upon which an attachment may be issued. (b) A statement of the amount to be secured by the attachment. (c)

Code of Civil Procedure - CCP - CCP § 484.030

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 upon which the attachment is based.

Code of Civil Procedure - CCP - CCP § 484.040

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 defendant shall be served with all of the following: (a) A copy of the summons and complaint. (b) A notice of application and hearing. (c) A

Code of Civil Procedure - CCP - CCP § 484.050

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 time, to be specified in the notice, on plaintiff’s application for a right to attach order and a writ of attachment. (b) The order will be iss

Code of Civil Procedure - CCP - CCP § 484.060

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 secured by the attachment, the defendant shall file and serve upon the plaintiff no later than five court days prior to the date set for the

Code of Civil Procedure - CCP - CCP § 484.070

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 shall claim the exemption as provided in this section. If the defendant fails to make the claim or makes the cl

Code of Civil Procedure - CCP - CCP § 484.080

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 to comply with Section 484.040, the court may either deny the application for the order or, for good cause shown, grant the plaintiff a continuance for

Code of Civil Procedure - CCP - CCP § 484.090

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 the amount to be secured by the attachment determined by the court in accordance with Section 483.015 or 483.020, if it finds all of t

Code of Civil Procedure - CCP - CCP § 484.100

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 s

Code of Civil Procedure - CCP - CCP § 484.110

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 484.310

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 t