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Code of Civil Procedure - CCP - CCP § 491.130

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 491.130

(a) The examination proceedings authorized by this article may be conducted by a referee appointed by the court. The referee may issue, modify, or vacate an order authorized by Section 491.190, may make a protective order authorized by Section 491.180, and may issue a warrant aut

Code of Civil Procedure - CCP - CCP § 491.140

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 491.140

(a) If a corporation, partnership, association, trust, or other organization is served with an order to appear for an examination, it shall designate to appear and be examined one or more officers, directors, managing agents, or other persons who are familiar with its property an

Code of Civil Procedure - CCP - CCP § 491.150

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 491.150

(a) Except as otherwise provided in this section, the proper court for examination of a person under this article is the court that issued the writ of attachment. (b) A person sought to be examined may not be required to attend an examination before a court located outside the co

Code of Civil Procedure - CCP - CCP § 491.160

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 491.160

(a) If an order requiring a person to appear for an examination was served by a sheriff, marshal, a person specially appointed by the court in the order, or a registered process server, and the person fails to appear: (1) The court may do either of the following: (A) Pursuant to

Code of Civil Procedure - CCP - CCP § 491.170

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 491.170

(a) Subject to subdivision (b), if a third person examined pursuant to this article claims an interest in the property adverse to the defendant or denies the debt, the court may, if the plaintiff so requests, determine the interests in the property or the existence of the debt. S

Code of Civil Procedure - CCP - CCP § 491.180

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 491.180

In any proceeding under this article, the court may, on motion of the person to be examined or on its own motion, make such protective orders as justice may require.

Code of Civil Procedure - CCP - CCP § 491.190

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 491.190

(a) Except as provided in subdivision (b), at the conclusion of a proceeding pursuant to this article: (1) The court may order the defendant’s interest in the property in the possession or under the control of the third person or a debt owed by the third person to the defendant t

Code of Civil Procedure - CCP - CCP § 491.200

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 491.200

A lien created under this article continues on property subject to the lien notwithstanding the transfer or encumbrance of the property subject to the lien unless the transfer or encumbrance is made to a person listed in Section 697.740.

Code of Civil Procedure - CCP - CCP § 491.310

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 491.310

If a third person has possession or control of property in which the defendant has an interest or is indebted to the defendant and the property or debt has been subjected to an attachment lien, the plaintiff may bring an action against the third person to enforce the third person

Code of Civil Procedure - CCP - CCP § 491.320

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 491.320

The defendant shall be joined in an action brought pursuant to this article but is not an indispensable party. The residence of the defendant may not be considered in the determination of proper venue unless otherwise provided by contract between the defendant and the third perso

Code of Civil Procedure - CCP - CCP § 491.330

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 491.330

(a) Except as provided in subdivision (b), an action shall be commenced pursuant to this article before the expiration of the later of the following times: (1) The time when the defendant may bring an action against the third person concerning the property or debt. (2) One year a

Code of Civil Procedure - CCP - CCP § 491.340

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 491.340

The plaintiff may apply to the court in which an action under this article is pending for either or both of the following: (a) An order restraining the third person from transferring the attached property to the defendant or from paying the attached debt to the defendant. The ord

Code of Civil Procedure - CCP - CCP § 491.350

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 491.350

There is no right to a jury trial in an action under this article.

Code of Civil Procedure - CCP - CCP § 491.360

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 491.360

If the plaintiff establishes the liability of the third person, the court shall render judgment accordingly. The judgment may be enforced in the same manner as it could be enforced if it had been obtained by the defendant against the third party; but, prior to entry of judgment i

Code of Civil Procedure - CCP - CCP § 491.370

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 491.370

Costs incurred by or taxed against the plaintiff in an action under this article may not be recovered from the defendant.

Code of Civil Procedure - CCP - CCP § 491.410

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 491.410

(a) If the defendant is a party to a pending action or special proceeding, the plaintiff may obtain a lien under this article, to the extent required to secure the amount to be secured by the attachment, on both of the following: (1) Any cause of action of the defendant for money

Code of Civil Procedure - CCP - CCP § 491.415

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 491.415

(a) For the purpose of applying for a right to attach order, the defendant’s cause of action that is the subject of the pending action or proceeding and the defendant’s rights to money or property under a judgment procured in the action or proceeding shall be treated as property

Code of Civil Procedure - CCP - CCP § 491.420

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 491.420

The notice of lien under Section 491.410 shall contain all of the following: (a) A statement that a lien has been created under this article and the title of the court and the cause and number of the pending action or proceeding in which the notice of lien is filed. (b) The name

Code of Civil Procedure - CCP - CCP § 491.430

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 491.430

(a) The court in which the action or special proceeding subject to the lien under this article is pending may permit the plaintiff who has obtained the lien to intervene in the action or proceeding pursuant to Section 387. (b) For the purposes of subdivision (a) of Section 491.46

Code of Civil Procedure - CCP - CCP § 491.440

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 491.440

(a) Except as provided in subdivision (c) of Section 491.410, unless the lien is released, the judgment recovered in the action or special proceeding in favor of the defendant may not be enforced by a writ or otherwise, and no compromise, dismissal, settlement, or satisfaction of

Code of Civil Procedure - CCP - CCP § 491.450

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 491.450

(a) If a lien is created pursuant to this article, the court clerk shall endorse upon the judgment recovered in the action or special proceeding a statement of the existence of the lien and the time it was created. (b) Any abstract issued upon the judgment shall include a stateme

Code of Civil Procedure - CCP - CCP § 491.460

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 491.460

(a) If the defendant is entitled to money or property under the judgment in the action or special proceeding and a lien created under this article exists, upon application of any party to the action or special proceeding, the court may order that the defendant’s rights to money o

Code of Civil Procedure - CCP - CCP § 491.470

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 491.470

(a) If a lien is created under this article, the defendant may claim that all or any portion of the money or property that the defendant may recover in the action or special proceeding is exempt from attachment. The claim shall be made by application on noticed motion to the cour

Code of Civil Procedure - CCP - CCP § 492.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 492.010

Notwithstanding subdivision (a) of Section 483.010, an attachment may be issued in any action for the recovery of money brought against any of the following: (a) A natural person who does not reside in this state. (b) A foreign corporation not qualified to do business in this sta

Code of Civil Procedure - CCP - CCP § 492.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 492.020

(a) Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter 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