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Code of Civil Procedure - CCP - CCP § 484.320
Code of Civil Procedure - CCP - CCP § 484.320
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 under Article 1 (commencing with Section 484.010) or that the court has found pursuant to Section 485.240 that the plain
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Code of Civil Procedure - CCP - CCP § 484.330
Code of Civil Procedure - CCP - CCP § 484.330
No writ of attachment shall be issued under this article except after a hearing. At least 15 days prior to the hearing, the defendant shall be served with both of the following: (a) A notice of application and hearing. (b) A copy of the application.
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Code of Civil Procedure - CCP - CCP § 484.340
Code of Civil Procedure - CCP - CCP § 484.340
The notice of application and hearing shall inform the defendant of all of the following: (a) The plaintiff has applied for a writ of attachment to attach the property described in the application. (b) A hearing will be held at a place and at a time, to be specified in the notice
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Code of Civil Procedure - CCP - CCP § 484.350
Code of Civil Procedure - CCP - CCP § 484.350
(a) If the defendant claims that the property described in the plaintiff’s application, or a portion of such property, is exempt from attachment, the defendant may claim the exemption as provided in this section. If the defendant fails to make a claim with respect to personal pro
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Code of Civil Procedure - CCP - CCP § 484.360
Code of Civil Procedure - CCP - CCP § 484.360
(a) If the defendant files and serves a claim of exemption and the plaintiff desires to oppose the claim, he shall file and serve on the defendant, not less than two days before the date set for the hearing, a notice of opposition to the claim of exemption, accompanied by an affi
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Code of Civil Procedure - CCP - CCP § 484.370
Code of Civil Procedure - CCP - CCP § 484.370
The hearing shall be conducted in the manner prescribed in Section 484.090 and the court 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
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Code of Civil Procedure - CCP - CCP § 484.510
Code of Civil Procedure - CCP - CCP § 484.510
(a) 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 und
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Code of Civil Procedure - CCP - CCP § 484.520
Code of Civil Procedure - CCP - CCP § 484.520
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
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Code of Civil Procedure - CCP - CCP § 484.530
Code of Civil Procedure - CCP - CCP § 484.530
(a) The defendant may claim an exemption as to real or personal property levied upon pursuant to a writ issued under this article by following the procedure set forth in Article 2 (commencing with Section 703.510) of Chapter 4 of Division 2 of Title 9, except that the defendant s
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Code of Civil Procedure - CCP - CCP § 485.010
Code of Civil Procedure - CCP - CCP § 485.010
(a) Except as otherwise provided by statute, no right to attach order or writ of attachment may be issued pursuant to this chapter unless it appears from facts shown by affidavit that great or irreparable injury would result to the plaintiff if issuance of the order were delayed
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Code of Civil Procedure - CCP - CCP § 485.210
Code of Civil Procedure - CCP - CCP § 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) The application
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Code of Civil Procedure - CCP - CCP § 485.220
Code of Civil Procedure - CCP - CCP § 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 un
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Code of Civil Procedure - CCP - CCP § 485.230
Code of Civil Procedure - CCP - CCP § 485.230
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 de
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Code of Civil Procedure - CCP - CCP § 485.240
Code of Civil Procedure - CCP - CCP § 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 a
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Code of Civil Procedure - CCP - CCP § 485.510
Code of Civil Procedure - CCP - CCP § 485.510
At any time after a right to attach order and writ of attachment have been issued under Article 2 (commencing with Section 485.210), the plaintiff may apply for an additional writ of attachment under this article by filing an application with the court in which the action is brou
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Code of Civil Procedure - CCP - CCP § 485.520
Code of Civil Procedure - CCP - CCP § 485.520
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 Article 2 (commencing with Section 485.210) in the action. (b) A statement of the amo
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Code of Civil Procedure - CCP - CCP § 485.530
Code of Civil Procedure - CCP - CCP § 485.530
(a) The application shall be supported by an affidavit showing both of the following: (1) The plaintiff would suffer great or irreparable injury (within the meaning of Section 485.010) if the issuance of the writ of attachment were delayed until the matter could be heard on notic
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Code of Civil Procedure - CCP - CCP § 485.540
Code of Civil Procedure - CCP - CCP § 485.540
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 all of the following: (a) A right to attach order has been issued in the a
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Code of Civil Procedure - CCP - CCP § 485.610
Code of Civil Procedure - CCP - CCP § 485.610
(a) The defendant may claim an exemption as to real or personal property levied upon pursuant to a writ of attachment issued under this chapter by following the procedure set forth in Article 2 (commencing with Section 703.510) of Chapter 4 of Division 2 of Title 9, except that t
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Code of Civil Procedure - CCP - CCP § 486.010
Code of Civil Procedure - CCP - CCP § 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) T
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Code of Civil Procedure - CCP - CCP § 486.020
Code of Civil Procedure - CCP - CCP § 486.020
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 u
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Code of Civil Procedure - CCP - CCP § 486.030
Code of Civil Procedure - CCP - CCP § 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 t
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Code of Civil Procedure - CCP - CCP § 486.040
Code of Civil Procedure - CCP - CCP § 486.040
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 par
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Code of Civil Procedure - CCP - CCP § 486.050
Code of Civil Procedure - CCP - CCP § 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
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Code of Civil Procedure - CCP - CCP § 486.060
Code of Civil Procedure - CCP - CCP § 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) The defendant may issue any number of checks