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Code of Civil Procedure - CCP - CCP § 488.510

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 488.510

(a) Unless sooner released or discharged, any attachment shall cease to be of any force or effect, and the property levied upon shall be released from the operation of the attachment, at the expiration of three years from the date of issuance of the writ of attachment under which

Code of Civil Procedure - CCP - CCP § 488.600

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 488.600

(a) Sections 701.010, 701.020, 701.040, 701.050, 701.060, and 701.070 prescribe duties and liabilities of a third person under a levy made under this title. (b) For the purposes of this section, references in Sections 701.010, 701.020, 701.040, 701.050, and 701.060 to: (1) “Amoun

Code of Civil Procedure - CCP - CCP § 488.610

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 488.610

(a) At the time of service of a copy of the writ of attachment and a notice of attachment on a third person, the levying officer shall request the third person to give the levying officer a garnishee’s memorandum containing the information required by this section. Within 10 days

Code of Civil Procedure - CCP - CCP § 488.620

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 488.620

A third person who gives a garnishee’s memorandum pursuant to this title is not liable to any person for the disclosure in the garnishee’s memorandum of any information contained in the garnishee’s memorandum.

Code of Civil Procedure - CCP - CCP § 488.700

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 488.700

(a) If property has been or is sought to be attached, the court may appoint a receiver or order the levying officer to take any action the court orders that is necessary to preserve the value of the property, including but not limited to selling the property, if the court determi

Code of Civil Procedure - CCP - CCP § 488.710

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 488.710

(a) As used in this section, “instrument” means a check, draft, money order, or other order for the withdrawal of money from a financial institution, the United States, any state, or any public entity within any state. (b) If an instrument is payable to the defendant on demand an

Code of Civil Procedure - CCP - CCP § 488.720

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 488.720

(a) The defendant may apply by noticed motion to the court in which the action is pending or in which the judgment in the action was entered for an order releasing the attachment of property to the extent that the value of the defendant’s interest in the property clearly exceeds

Code of Civil Procedure - CCP - CCP § 488.730

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 488.730

(a) The levying officer shall release attached property when the levying officer receives a written direction to release the property from the plaintiff’s attorney of record or, if the plaintiff does not have an attorney of record, from the plaintiff or when the levying officer r

Code of Civil Procedure - CCP - CCP § 488.740

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 488.740

If the defendant recovers judgment against the plaintiff and no timely motion for vacation of judgment or for judgment notwithstanding the verdict or for a new trial is filed and served and is pending and no appeal is perfected and undertaking executed and filed as provided in Se

Code of Civil Procedure - CCP - CCP § 489.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 489.010

The Bond and Undertaking Law (Chapter 2 (commencing with Section 995. 010) of Title 14) applies to a bond given pursuant to this title, except to the extent this title prescribes a different rule or is inconsistent.

Code of Civil Procedure - CCP - CCP § 489.060

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 489.060

(a) Except as provided in subdivision (b), all undertakings given pursuant to this title shall be presented to a proper court for approval and upon approval shall be filed with the court in which the action is pending. (b) If the surety on the undertaking is an admitted surety in

Code of Civil Procedure - CCP - CCP § 489.130

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 489.130

Where the court orders the amount of the undertaking increased pursuant to Section 489.220 or 489.410, the plaintiff’s failure to increase the amount of the undertaking is not a wrongful attachment within the meaning of Section 490.010.

Code of Civil Procedure - CCP - CCP § 489.210

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 489.210

Before issuance of a writ of attachment, a temporary protective order, or an order under subdivision (b) of Section 491.415, the plaintiff shall file an undertaking to pay the defendant any amount the defendant may recover for any wrongful attachment by the plaintiff in the actio

Code of Civil Procedure - CCP - CCP § 489.220

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 489.220

(a) Except as provided in subdivision (b), the amount of an undertaking filed pursuant to this article shall be ten thousand dollars ($10,000). (b) If, upon objection to the undertaking, the court determines that the probable recovery for wrongful attachment exceeds the amount of

Code of Civil Procedure - CCP - CCP § 489.230

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 489.230

(a) The notice of attachment shall include a statement, in a form adopted by the Judicial Council, advising the defendant that the undertaking has been filed and informing the defendant of the right to object to the undertaking. (b) The form for the temporary protective order sha

Code of Civil Procedure - CCP - CCP § 489.310

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 489.310

(a) Whenever a writ is issued, a defendant who has appeared in the action may apply by noticed motion to the court in which the action is pending for an order permitting the defendant to substitute an undertaking for any of his property in the state which has been or is subject t

Code of Civil Procedure - CCP - CCP § 489.320

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 489.320

(a) A defendant who has been served with a temporary protective order and who has appeared in the action may apply by noticed motion to the court in which the action is pending for an order terminating the temporary protective order with respect to that defendant. (b) The defenda

Code of Civil Procedure - CCP - CCP § 489.410

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 489.410

(a) At any time after entry of judgment in favor of the defendant and before perfection of an appeal under Section 921, upon motion of the defendant, the trial court may order an increase in the amount of the original undertaking on attachment in such amount, if any, as is justif

Code of Civil Procedure - CCP - CCP § 489.420

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 489.420

If a defendant appeals and the enforcement of the judgment against the defendant is stayed by the filing of a sufficient undertaking on appeal as provided by this code, all property of the defendant which has been attached in the action shall be released from the attachment upon

Code of Civil Procedure - CCP - CCP § 490.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 490.010

A wrongful attachment consists of any of the following: (a) The levy under a writ of attachment or the service of a temporary protective order in an action in which attachment is not authorized, except that it is not a wrongful attachment if both of the following are established:

Code of Civil Procedure - CCP - CCP § 490.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 490.020

(a) The liability of a plaintiff for causing a wrongful attachment under Section 490.010 includes both of the following: (1) All damages proximately caused to the defendant by the wrongful attachment. (2) All costs and expenses, including attorney’s fees, reasonably expended in d

Code of Civil Procedure - CCP - CCP § 490.040

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 490.040

The amount of any recovery for wrongful attachment shall be offset insofar as possible against any unsatisfied amounts owed to the plaintiff by the defendant on the judgment in the action for which wrongful attachment damages are awarded.

Code of Civil Procedure - CCP - CCP § 490.060

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 490.060

Nothing in this chapter limits the right to recover for damages caused by an attachment or protective order on any common law theory of recovery.

Code of Civil Procedure - CCP - CCP § 491.110

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 491.110

(a) Upon ex parte application by the plaintiff and proof by the plaintiff by affidavit or otherwise to the satisfaction of the proper court that the plaintiff has a right to attach order and that a third person has possession or control of property in which the defendant has an i

Code of Civil Procedure - CCP - CCP § 491.120

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 491.120

In any proceeding for the examination of a third person under this article, witnesses, including the defendant, may be required to appear and testify before the court or referee in the same manner as upon the trial of an issue.