Corpus browser
179663 records-
Open
Code of Civil Procedure - CCP - CCP § 486.070
Code of Civil Procedure - CCP - CCP § 486.070
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.
-
Open
Code of Civil Procedure - CCP - CCP § 486.080
Code of Civil Procedure - CCP - CCP § 486.080
The temporary protective order shall be personally served on the defendant together with the documents referred to in Section 484.040.
-
Open
Code of Civil Procedure - CCP - CCP § 486.090
Code of Civil Procedure - CCP - CCP § 486.090
Except as otherwise provided in this title, the temporary protective order shall expire at the earliest of the following times: (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) As to specific
-
Open
Code of Civil Procedure - CCP - CCP § 486.100
Code of Civil Procedure - CCP - CCP § 486.100
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 e
-
Open
Code of Civil Procedure - CCP - CCP § 486.110
Code of Civil Procedure - CCP - CCP § 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
-
Open
Code of Civil Procedure - CCP - CCP § 487.010
Code of Civil Procedure - CCP - CCP § 487.010
The following property of the defendant is subject to attachment: (a) Where the defendant is a corporation, all corporate property for which a method of levy is provided by Article 2 (commencing with Section 488.300) of Chapter 8. (b) Where the defendant is a partnership or other
-
Open
Code of Civil Procedure - CCP - CCP § 487.020
Code of Civil Procedure - CCP - CCP § 487.020
Except as provided in paragraph (2) of subdivision (a) of Section 3439.07 of the Civil Code, the following property is exempt from attachment: (a) All property exempt from enforcement of a money judgment. (b) Property which is necessary for the support of a defendant who is a nat
-
Open
Code of Civil Procedure - CCP - CCP § 487.025
Code of Civil Procedure - CCP - CCP § 487.025
(a) The recording of a homestead declaration (as defined in Section 704.910) does not limit or affect the right of a plaintiff to attach the declared homestead described in the homestead declaration, whether the homestead declaration is recorded before or after the declared homes
-
Open
Code of Civil Procedure - CCP - CCP § 487.030
Code of Civil Procedure - CCP - CCP § 487.030
(a) At any time prior to the entry of judgment in the action, the defendant may claim any exemption provided by subdivision (a) of Section 487.020 with respect to real property by following the procedure set forth in Article 2 (commencing with Section 703.510) of Chapter 4 of Div
-
Open
Code of Civil Procedure - CCP - CCP § 488.010
Code of Civil Procedure - CCP - CCP § 488.010
The writ of attachment shall include the following information: (a) The date of issuance of the writ. (b) The title of the court that issued the writ and the cause and number of the action. (c) The name and address of the plaintiff and the name and last known address of the defen
-
Open
Code of Civil Procedure - CCP - CCP § 488.020
Code of Civil Procedure - CCP - CCP § 488.020
(a) A writ of attachment shall be directed to a levying officer in the county in which property of the defendant described in the writ may be located and to any registered process server. (b) Upon the receipt of written instructions from the plaintiff’s attorney of record or, if
-
Open
Code of Civil Procedure - CCP - CCP § 488.030
Code of Civil Procedure - CCP - CCP § 488.030
(a) The plaintiff shall give the levying officer instructions in writing. The instructions shall be signed by the plaintiff’s attorney of record or, if the plaintiff does not have an attorney of record, by the plaintiff. The instructions shall contain the information needed or re
-
Open
Code of Civil Procedure - CCP - CCP § 488.040
Code of Civil Procedure - CCP - CCP § 488.040
(a) If the levying officer is required by any provision of this title to serve any writ, order, notice, or other paper on any person, the plaintiff shall include in the instructions to the levying officer the correct name and address of the person. The plaintiff shall use reasona
-
Open
Code of Civil Procedure - CCP - CCP § 488.050
Code of Civil Procedure - CCP - CCP § 488.050
(a) Except as otherwise provided by law: (1) As a prerequisite to the performance by the levying officer of a duty under this title, the plaintiff shall deposit a sum of money with the levying officer sufficient to pay the costs of performing the duty. (2) As a prerequisite to th
-
Open
Code of Civil Procedure - CCP - CCP § 488.060
Code of Civil Procedure - CCP - CCP § 488.060
The notice of attachment shall inform the person notified of all of the following: (a) The capacity in which the person is notified. (b) The specific property which is sought to be attached. (c) The person’s rights under the attachment, including the right to make a third-party c
-
Open
Code of Civil Procedure - CCP - CCP § 488.065
Code of Civil Procedure - CCP - CCP § 488.065
A copy of the original notice of attachment which has been served upon a third party holding the property sought to be attached, if served upon the defendant or any other party, shall suffice as the notice of attachment to that person.
-
Open
Code of Civil Procedure - CCP - CCP § 488.070
Code of Civil Procedure - CCP - CCP § 488.070
If a writ of attachment has been issued and personal property sought to be attached under the writ is located in a private place of the defendant: (a) The levying officer shall comply with the provisions of Section 699.030. (b) The plaintiff may obtain the relief provided under S
-
Open
Code of Civil Procedure - CCP - CCP § 488.080
Code of Civil Procedure - CCP - CCP § 488.080
(a) A registered process server may levy under a writ of attachment on the following types of property: (1) Real property, pursuant to Section 488.315. (2) Growing crops, timber to be cut, or minerals or the like, including oil and gas, to be extracted or accounts receivable resu
-
Open
Code of Civil Procedure - CCP - CCP § 488.090
Code of Civil Procedure - CCP - CCP § 488.090
Except as otherwise provided by statute, where the method of levy upon property requires that property be taken into custody or where the levying officer is otherwise directed to take property into custody, the levying officer may do so by any of the following methods: (a) Removi
-
Open
Code of Civil Procedure - CCP - CCP § 488.100
Code of Civil Procedure - CCP - CCP § 488.100
The levying officer has a special lien, dependent upon possession, on personal property levied upon in the amount of the levying officer’s costs for which an advance has not been made.
-
Open
Code of Civil Procedure - CCP - CCP § 488.110
Code of Civil Procedure - CCP - CCP § 488.110
A third person shall claim an interest in property attached in the manner provided for third-party claims under Division 4 (commencing with Section 720.010) of Title 9.
-
Open
Code of Civil Procedure - CCP - CCP § 488.120
Code of Civil Procedure - CCP - CCP § 488.120
In any case where property has been levied upon and, pursuant to a levy, a copy of the writ of attachment and a notice of attachment are required by statute to be posted or to be served on or mailed to the defendant or other person, failure to post, serve, or mail the copy of the
-
Open
Code of Civil Procedure - CCP - CCP § 488.130
Code of Civil Procedure - CCP - CCP § 488.130
(a) The levying officer to whom the writ of attachment is delivered shall return the writ to the court from which the writ issued, together with a report of the levying officer’s actions. The return shall be made promptly in accordance with the plaintiff’s instructions given to t
-
Open
Code of Civil Procedure - CCP - CCP § 488.140
Code of Civil Procedure - CCP - CCP § 488.140
(a) The levying officer or registered process server is not liable for actions taken in conformance with the provisions of this title, including actions taken in conformance with the provisions of this title in reliance on information contained in the written instructions of the
-
Open
Code of Civil Procedure - CCP - CCP § 488.300
Code of Civil Procedure - CCP - CCP § 488.300
If the method of levy under a writ of execution is incorporated by this article, for the purposes of this article references in Article 4 (commencing with Section 700.010) of Chapter 3 of Division 2 of Title 9 to: (a) “Judgment creditor” shall be deemed references to the plaintif