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Code of Civil Procedure - CCP - CCP § 492.030

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 492.030

(a) The court shall examine the application and supporting affidavit and 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 undertaking as provided by Sections 489.21

Code of Civil Procedure - CCP - CCP § 492.040

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 492.040

Notwithstanding Sections 487.010 and 487.020, a writ of attachment issued under this chapter may be levied upon any property of a defendant for which a method of levy is provided by Article 2 (commencing with Section 488.300) of Chapter 8. However, after the defendant has filed a

Code of Civil Procedure - CCP - CCP § 492.050

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 492.050

(a) Any defendant whose property has been attached pursuant to a writ issued under this chapter may apply for an order that the right to attach order be set aside, the writ of attachment quashed, and any property levied upon pursuant to the writ released. Such application shall b

Code of Civil Procedure - CCP - CCP § 492.060

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 492.060

At any time after a right to attach order and writ of attachment have been issued under this chapter and before the hearing provided by Section 492.050, the plaintiff may apply for an additional writ of attachment under this chapter as provided in Sections 492.060 to 492.090, inc

Code of Civil Procedure - CCP - CCP § 492.070

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 492.070

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 Section 492.030. (b) A statement of the amount to be secured by the attachment. (c) A

Code of Civil Procedure - CCP - CCP § 492.090

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 492.090

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

Code of Civil Procedure - CCP - CCP § 493.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 493.010

As used in this chapter, “general assignment for the benefit of creditors” means an assignment which satisfies all of the following requirements: (a) The assignment is an assignment of all the defendant’s assets that are transferable and not exempt from enforcement of a money jud

Code of Civil Procedure - CCP - CCP § 493.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 493.020

Notwithstanding any other provision of this title, the defendant may make a general assignment for the benefit of creditors.

Code of Civil Procedure - CCP - CCP § 493.030

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 493.030

(a) The making of a general assignment for the benefit of creditors terminates a lien of a temporary protective order or of attachment if the lien was created within 90 days prior to the making of the general assignment. (b) The filing of a petition commencing a voluntary or invo

Code of Civil Procedure - CCP - CCP § 493.040

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 493.040

(a) Where a lien of attachment terminates pursuant to Section 493.030, the assignee under a general assignment for the benefit of creditors or, in the case of a bankruptcy, the trustee, interim trustee, or the debtor in possession if there is no trustee or interim trustee, may se

Code of Civil Procedure - CCP - CCP § 493.050

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 493.050

(a) The lien of a temporary protective order or of attachment, which has terminated pursuant to Section 493.030, is reinstated with the same effect as if it had not been terminated in the following cases: (1) Where the termination is the result of the making of a general assignme

Code of Civil Procedure - CCP - CCP § 493.060

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 493.060

(a) Upon the making of a general assignment for the benefit of creditors that terminates a lien under this chapter, the assignee is subrogated to the rights of the plaintiff under the temporary protective order or attachment. (b) Upon the filing of a petition commencing a case un

Code of Civil Procedure - CCP - CCP § 5

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 5

The provisions of this Code, so far as they are substantially the same as existing statutes, must be construed as continuations thereof, and not as new enactments.

Code of Civil Procedure - CCP - CCP § 501

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 501

A person may not be imprisoned in a civil action for debt or tort, whether before or after judgment. Nothing in this section affects any power a court may have to imprison a person who violates a court order.

Code of Civil Procedure - CCP - CCP § 511.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 511.010

Unless the provision or context otherwise requires, the definitions in this article govern the construction of this chapter.

Code of Civil Procedure - CCP - CCP § 511.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 511.020

“Complaint” includes a cross-complaint.

Code of Civil Procedure - CCP - CCP § 511.030

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 511.030

“Defendant” includes a cross-defendant.

Code of Civil Procedure - CCP - CCP § 511.040

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 511.040

“Farm products” means crops or livestock or supplies used or produced in farming operations or products of crops or livestock in their unmanufactured states (such as ginned cotton, wool clip, maple syrup, honey, milk, and eggs) while in the possession of a defendant engaged in ra

Code of Civil Procedure - CCP - CCP § 511.050

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 511.050

“Inventory” means tangible personal property in the possession of a defendant who holds it for sale or lease or to be furnished under contracts of service.

Code of Civil Procedure - CCP - CCP § 511.060

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 511.060

“Levying officer” means the sheriff or marshal who is directed to execute a writ of possession issued under this chapter.

Code of Civil Procedure - CCP - CCP § 511.070

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 511.070

“Person” includes an individual, a corporation, a partnership or other unincorporated association, a limited liability company, and a public entity.

Code of Civil Procedure - CCP - CCP § 511.080

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 511.080

“Plaintiff” means a person who files a complaint or cross-complaint.

Code of Civil Procedure - CCP - CCP § 511.090

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 511.090

A claim has “probable validity” where it is more likely than not that the plaintiff will obtain a judgment against the defendant on that claim.

Code of Civil Procedure - CCP - CCP § 511.100

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 511.100

“Public entity” includes the state, the Regents of the University of California, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the state.

Code of Civil Procedure - CCP - CCP § 512.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 512.010

(a) Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a writ of possession by filing a written application for the writ with the court in which the action is brought. (b) The application shall be executed under oath a