Code of Civil Procedure - CCP - CCP § 490.010

Summary

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:

Text

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:
(1)
The levy was not authorized solely because of the prohibition of subdivision (c) of Section 483.010.
(2)
The person who sold or leased, or licensed for use, the property,
furnished the services, or loaned the money reasonably believed that it would not be used primarily for personal, family, or household purposes.
(b)
The levy under a writ of attachment or the service of a temporary protective order in an action in which the plaintiff does not recover judgment.
(c)
The levy under writ of attachment obtained pursuant to Article 3 (commencing with Section 484.510) of Chapter 4 or Chapter 5 (commencing with Section 485.010) on property exempt from attachment except where the plaintiff shows that the plaintiff reasonably believed that the property attached was not exempt from attachment.

Retrieval chunks

• #1 | 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: (1) The levy was not authorized so…