Code of Civil Procedure — Part 10 | CCP — United States — California law | Esheria

Code of Civil Procedure

Part 10 of 17 · provisions 1,801–2,000

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This section limits confidentiality clauses in settlement agreements and bars courts from entering conflicting secrecy orders, but allows claimant-identity protection at the claimant’s request and allows settlement amounts to stay confidential. Settlement agreements for employment disputes generally cannot block an aggrieved person from getting future employment with the employer or related companies. A minor may disaffirm an enrollment-agreement term that makes the minor waive rights related to a criminal sexual assault or criminal sexual battery; the rest of the agreement stays valid. Settlement terms cannot bar disclosure of factual information in certain serious civil cases, and courts cannot enter conflicting gag orders. A written direction by a court or judge that is not part of a judgment is called an order, and an application for an order is called a motion.

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Provisions of Code of Civil Procedure

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  1. 425.15.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. General Provisions [425.10 - 425.55] ( Article 1 added by Stats. 1971, Ch. 244. )

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    This section limits when a complaint may include a negligence claim against an uncompensated nonprofit director or officer, and it requires court approval based on supporting evidence before the claim can be filed.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. General Provisions [425.10 - 425.55] ( Article 1 added by Stats. 1971, Ch. 244. ) ## 425.15. (a) No cause of action against a person serving without compensation as a director or officer of a nonprofit corporation described in this section, on account of any negligent act or omission by that person within the scope of that person’s duties as a director acting in the capacity of a board member, or as an officer acting in the capacity of, and within the scope of the duties of, an officer, shall be included in a complaint or other pleading unless the court enters an order allowing the pleading that includes that claim to be filed after the court determines that the party seeking to file the pleading has established evidence that substantiates the claim. The court may allow the filing of a pleading that includes that claim following the filing of a verified petition therefor accompanied by the proposed pleading and supporting affidavits stating the facts upon which the liability is based. The court shall order service of the petition upon the party against whom the action is proposed to be filed and permit that party to submit opposing affidavits prior to making its determination. The filing of the petition, proposed pleading, and accompanying affidavits shall toll the running of any applicable statute of limitations until the final determination of the matter, which ruling, if favorable to the petitioning party, shall permit the proposed pleading to be filed. (b) Nothing in this section shall affect the right of the plaintiff to discover evidence on the issue of damages. (c) Nothing in this section shall be construed to affect any action against a nonprofit corporation for any negligent action or omission of a volunteer director or officer occurring within the scope of the person’s duties. (d) For the purposes of this section, “compensation” means remuneration whether by way of salary, fee, or other consideration for services rendered. However, the payment of per diem, mileage, or other reimbursement expenses to a director or officer shall not constitute compensation. (e) (1) This section applies only to officers and directors of nonprofit corporations that are subject to Part 2 (commencing with Section 5110), Part 3 (commencing with Section 7110), or Part 4 (commencing with Section 9110) of Division 2 of Title 1 of the Corporations Code that are organized to provide charitable, educational, scientific, social, or other forms of public service and that are exempt from federal income taxation under Section 501(c)(1), except any credit union, or Section 501(c)(4), 501(c)(5), 501(c)(7), or 501(c)(19) of the Internal Revenue Code. (2) This section does not apply to any corporation that unlawfully restricts membership, services, or benefits conferred on the basis of political affiliation, age, or any characteristic listed or defined in subdivision (b) or (e) of Section 51 of the Civil Code. (Amended by Stats. 2007, Ch. 568, Sec. 16. Effective January 1, 2008.)
  2. 425.16.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. General Provisions [425.10 - 425.55] ( Article 1 added by Stats. 1971, Ch. 244. )

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    This section lets a defendant seek to strike certain claims based on petitioning or free-speech activity connected to a public issue, and it can also trigger a stay of discovery and fee shifting.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. General Provisions [425.10 - 425.55] ( Article 1 added by Stats. 1971, Ch. 244. ) ## 425.16. (a) The Legislature finds and declares that there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances. The Legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process. To this end, this section shall be construed broadly. (b) (1) A cause of action against a person arising from any act of that person in furtherance of the person’s right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim. (2) In making its determination, the court shall consider the pleadings, and supporting and opposing affidavits stating the facts upon which the liability or defense is based. (3) If the court determines that the plaintiff has established a probability that the plaintiff will prevail on the claim, neither that determination nor the fact of that determination shall be admissible in evidence at any later stage of the case, or in any subsequent action, and no burden of proof or degree of proof otherwise applicable shall be affected by that determination in any later stage of the case or in any subsequent proceeding. (c) (1) Except as provided in paragraph (2), in any action subject to subdivision (b), a prevailing defendant on a special motion to strike shall be entitled to recover that defendant’s attorney’s fees and costs. If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney’s fees to a plaintiff prevailing on the motion, pursuant to Section 128.5. (2) A defendant who prevails on a special motion to strike in an action subject to paragraph (1) shall not be entitled to attorney’s fees and costs if that cause of action is brought pursuant to Section 11130, 11130.3, 54960, or 54960.1 of the Government Code, or pursuant to Chapter 2 (commencing with Section 7923.100) of Part 4 of Division 10 of Title 1 of the Government Code. Nothing in this paragraph shall be construed to prevent a prevailing defendant from recovering attorney’s fees and costs pursuant to Section 7923.115, 11130.5, or 54960.5 of the Government Code. (d) This section shall not apply to any enforcement action brought in the name of the people of the State of California by the Attorney General, Insurance Commissioner, district attorney, or city attorney, acting as a public prosecutor. (e) As used in this section, “act in furtherance of a person’s right of petition or free speech under the United States or California Constitution in connection with a public issue” includes: (1) any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law, (2) any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law, (3) any written or oral statement or writing made in a place open to the public or a public forum in connection with an issue of public interest, or (4) any other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest. (f) The special motion may be filed within 60 days of the service of the complaint or, in the court’s discretion, at any later time upon terms it deems proper. The motion shall be scheduled by the clerk of the court for a hearing not more than 30 days after the service of the motion unless the docket conditions of the court require a later hearing. (g) All discovery proceedings in the action shall be stayed upon the filing of a notice of motion made pursuant to this section. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this subdivision. (h) For purposes of this section, “complaint” includes “cross-complaint” and “petition,” “plaintiff” includes “cross-complainant” and “petitioner,” and “defendant” includes “cross-defendant” and “respondent.” (i) An order granting or denying a special motion to strike shall be appealable under Section 904.1. (j) (1) Any party who files a special motion to strike pursuant to this section, and any party who files an opposition to a special motion to strike, shall, promptly upon so filing, transmit to the Judicial Council, by email or facsimile, a copy of the endorsed, filed caption page of the motion or opposition, a copy of any related notice of appeal or petition for a writ, and a conformed copy of any order issued pursuant to this section, including any order granting or denying a special motion to strike, discovery, or fees. (2) The Judicial Council shall maintain a public record of information transmitted pursuant to this subdivision for at least three years, and may store the information on microfilm or other appropriate electronic media. (Amended by Stats. 2024, Ch. 444, Sec. 1. (SB 577) Effective January 1, 2025.)
  3. 425.17.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. General Provisions [425.10 - 425.55] ( Article 1 added by Stats. 1971, Ch. 244. )

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    This section lists situations where Section 425.16 does not apply, including certain public-interest actions, certain business-related claims, several listed category exceptions, and limits on appeal after a denied special motion to strike.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. General Provisions [425.10 - 425.55] ( Article 1 added by Stats. 1971, Ch. 244. ) ## 425.17. (a) The Legislature finds and declares that there has been a disturbing abuse of Section 425.16, the California Anti-SLAPP Law, which has undermined the exercise of the constitutional rights of freedom of speech and petition for the redress of grievances, contrary to the purpose and intent of Section 425.16. The Legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process or Section 425.16. (b) Section 425.16 does not apply to any action brought solely in the public interest or on behalf of the general public if all of the following conditions exist: (1) The plaintiff does not seek any relief greater than or different from the relief sought for the general public or a class of which the plaintiff is a member. A claim for attorney’s fees, costs, or penalties does not constitute greater or different relief for purposes of this subdivision. (2) The action, if successful, would enforce an important right affecting the public interest, and would confer a significant benefit, whether pecuniary or nonpecuniary, on the general public or a large class of persons. (3) Private enforcement is necessary and places a disproportionate financial burden on the plaintiff in relation to the plaintiff’s stake in the matter. (c) Section 425.16 does not apply to any cause of action brought against a person primarily engaged in the business of selling or leasing goods or services, including, but not limited to, insurance, securities, or financial instruments, arising from any statement or conduct by that person if both of the following conditions exist: (1) The statement or conduct consists of representations of fact about that person’s or a business competitor’s business operations, goods, or services, that is made for the purpose of obtaining approval for, promoting, or securing sales or leases of, or commercial transactions in, the person’s goods or services, or the statement or conduct was made in the course of delivering the person’s goods or services. (2) The intended audience is an actual or potential buyer or customer, or a person likely to repeat the statement to, or otherwise influence, an actual or potential buyer or customer, or the statement or conduct arose out of or within the context of a regulatory approval process, proceeding, or investigation, except where the statement or conduct was made by a telephone corporation in the course of a proceeding before the California Public Utilities Commission and is the subject of a lawsuit brought by a competitor, notwithstanding that the conduct or statement concerns an important public issue. (d) Subdivisions (b) and (c) do not apply to any of the following: (1) Any person enumerated in subdivision (b) of Section 2 of Article I of the California Constitution or Section 1070 of the Evidence Code, or any person engaged in the dissemination of ideas or expression in any book or academic journal, while engaged in the gathering, receiving, or processing of information for communication to the public. (2) Any action against any person or entity based upon the creation, dissemination, exhibition, advertisement, or other similar promotion of any dramatic, literary, musical, political, or artistic work, including, but not limited to, a motion picture or television program, or an article published in a newspaper or magazine of general circulation. (3) Any nonprofit organization that receives more than 50 percent of its annual revenues from federal, state, or local government grants, awards, programs, or reimbursements for services rendered. (e) If any trial court denies a special motion to strike on the grounds that the action or cause of action is exempt pursuant to this section, the appeal provisions in subdivision (i) of Section 425.16 and paragraph (13) of subdivision (a) of Section 904.1 do not apply to that action or cause of action. (Amended by Stats. 2011, Ch. 296, Sec. 36.5. (AB 1023) Effective January 1, 2012.)
  4. 425.18.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. General Provisions [425.10 - 425.55] ( Article 1 added by Stats. 1971, Ch. 244. )

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    This section defines “SLAPPback” and “special motion to strike,” limits when such a motion can be filed, and sets special timing, discovery, fee, and writ-review rules.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. General Provisions [425.10 - 425.55] ( Article 1 added by Stats. 1971, Ch. 244. ) ## 425.18. (a) The Legislature finds and declares that a SLAPPback is distinguishable in character and origin from the ordinary malicious prosecution action. The Legislature further finds and declares that a SLAPPback cause of action should be treated differently, as provided in this section, from an ordinary malicious prosecution action because a SLAPPback is consistent with the Legislature’s intent to protect the valid exercise of the constitutional rights of free speech and petition by its deterrent effect on SLAPP (strategic lawsuit against public participation) litigation and by its restoration of public confidence in participatory democracy. (b) For purposes of this section, the following terms have the following meanings: (1) “SLAPPback” means any cause of action for malicious prosecution or abuse of process arising from the filing or maintenance of a prior cause of action that has been dismissed pursuant to a special motion to strike under Section 425.16. (2) “Special motion to strike” means a motion made pursuant to Section 425.16. (c) The provisions of subdivisions (c), (f), (g), and (i) of Section 425.16, and paragraph (13) of subdivision (a) of Section 904.1, shall not apply to a special motion to strike a SLAPPback. (d) (1) A special motion to strike a SLAPPback shall be filed within any one of the following periods of time, as follows: (A) Within 120 days of the service of the complaint. (B) At the court’s discretion, within six months of the service of the complaint. (C) At the court’s discretion, at any later time in extraordinary cases due to no fault of the defendant and upon written findings of the court stating the extraordinary case and circumstance. (2) The motion shall be scheduled by the clerk of the court for a hearing not more than 30 days after the service of the motion unless the docket conditions of the court require a later hearing. (e) A party opposing a special motion to strike a SLAPPback may file an ex parte application for a continuance to obtain necessary discovery. If it appears that facts essential to justify opposition to that motion may exist, but cannot then be presented, the court shall grant a reasonable continuance to permit the party to obtain affidavits or conduct discovery or may make any other order as may be just. (f) If the court finds that a special motion to strike a SLAPPback is frivolous or solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney’s fees to a plaintiff prevailing on the motion, pursuant to Section 128.5. (g) Upon entry of an order denying a special motion to strike a SLAPPback claim, or granting the special motion to strike as to some but less than all causes of action alleged in a complaint containing a SLAPPback claim, an aggrieved party may, within 20 days after service of a written notice of the entry of the order, petition an appropriate reviewing court for a peremptory writ. (h) A special motion to strike may not be filed against a SLAPPback by a party whose filing or maintenance of the prior cause of action from which the SLAPPback arises was illegal as a matter of law. (i) This section does not apply to a SLAPPback filed by a public entity. (Added by Stats. 2005, Ch. 535, Sec. 2. Effective October 5, 2005.)
  5. 425.19.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. General Provisions [425.10 - 425.55] ( Article 1 added by Stats. 1971, Ch. 244. )

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    In priority-housing cases, a defendant may file a special motion to strike, and the court must deny it if the plaintiff shows a probability of winning. The section also stays discovery, sets timing rules, and allows fee awards in some cases.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. General Provisions [425.10 - 425.55] ( Article 1 added by Stats. 1971, Ch. 244. ) ## 425.19. (a) The Legislature finds and declares all of the following: (1) The lack of affordable housing is a critical problem that threatens the economic, environmental, and social quality of life in California. (2) It is in the public interest to encourage priority housing development projects in which 100 percent of the units, exclusive of any manager’s unit or units, are reserved for lower income households, as defined in Section 50079.5 of the Health and Safety Code, and ensure such developments are not unnecessarily delayed or caused to fail through abuse of the judicial process. To this end, this section shall be construed broadly. (b) (1) (A) In all civil actions brought by any plaintiff to challenge the approval or permitting of a priority housing development project, including, but not limited to, actions brought pursuant to Section 21167 of the Public Resources Code, a defendant may bring a special motion to strike the whole or any part of a pleading. The court shall deny the motion to strike if it determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim. (B) The court shall make its determination on the special motion to strike based on the pleadings, and supporting and opposing affidavits stating the facts upon which the liability or defense is based. Affidavits submitted with the pleadings may include a request for judicial notice of facts and documents relevant to the court’s determination. (C) (i) If the court is unable to determine whether the plaintiff has established a probability that the plaintiff will prevail on the claim without reviewing the administrative record in an action where the administrative record is required, the court shall make its determination on the special motion to strike based on the documents specified in subparagraph (B) and the administrative record, once prepared. (ii) If the court determines that an administrative record is required for its decision, the moving party may, notwithstanding the 60-day filing requirement pursuant to paragraph (4) and without appealing an order denying a special motion to strike pursuant to paragraph (7), file the special motion to strike within 60 days of the service of the administrative record or, in the court’s discretion, at any later time it deems proper. (D) If the court determines that the plaintiff has established a probability that the plaintiff will prevail on the claim, neither that determination nor the fact of that determination shall be admissible in evidence at any later stage of the case, or in any subsequent action, and no burden of proof or degree of proof otherwise applicable shall be affected by that determination in any later stage of the case or in any subsequent proceeding. (2) In any action subject to paragraph (1), a prevailing defendant on a special motion to strike shall be entitled to recover that defendant’s attorney’s fees and costs. If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney’s fees to a plaintiff prevailing on the motion, pursuant to Section 128.5. (3) This subdivision does not apply to any enforcement action brought in the name of the people of the State of California by the Attorney General, district attorney, or city attorney, acting as a public prosecutor. (4) The special motion may be filed within 60 days of the service of the complaint or, in the court’s discretion, at any later time upon terms it deems proper. The motion shall be scheduled by the clerk of the court for a hearing not more than 30 days after the service of the motion unless the docket conditions of the court require a later hearing. (5) All discovery proceedings in the action shall be stayed upon the filing of a notice of motion made pursuant to this section. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this subdivision. (6) For purposes of this section, “complaint” includes “cross-complaint” and “petition,” “plaintiff” includes “cross-complainant” and “petitioner,” and “defendant” includes “cross-defendant” and “respondent.” (7) An order granting or denying a special motion to strike is appealable under Section 904.1. (c) “Priority housing development” means a development in which 100 percent of the units, exclusive of any manager’s unit or units, will be reserved for lower income households, as defined in Section 50079.5 of the Health and Safety Code, for at least 55 years. (Added by Stats. 2023, Ch. 779, Sec. 1. (SB 439) Effective January 1, 2024.)
  6. 425.30.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. General Provisions [425.10 - 425.55] ( Article 1 added by Stats. 1971, Ch. 244. )

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    In a consumer debt collection action, a debt buyer must follow additional Civil Code requirements, and common counts may not be used.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. General Provisions [425.10 - 425.55] ( Article 1 added by Stats. 1971, Ch. 244. ) ## 425.30. (a) In an action for collection of consumer debt, common counts may not be used. For purposes of this section, a “common count” includes, but is not limited to, a claim for recovery of any of the following: (1) An open book account for money due. (2) An account stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. (3) Money had and received by defendant for the use and benefit of plaintiff. (4) Work, labor, services, and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. (5) Goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff. (6) Money lent by plaintiff to defendant at defendant’s request. (7) Money paid out, laid out, and expended to or for defendant at defendant’s special instance and request. (b) For purposes of this section, “consumer debt” means any obligation or alleged obligation, incurred on or after July 1, 2024, of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services that are the subject of the transaction are primarily for personal, family, or household purposes and where the obligation to pay appears on the face of a note or in a written contract. (c) In an action under this section for the collection of consumer debt brought by a debt buyer, as defined in Section 1788.50 of the Civil Code, the debt buyer shall also comply with Section 1788.58 of the Civil Code and the remaining provisions of Title 1.6C.5 (commencing with Section 1788.50) of Part 4 of Division 3 of the Civil Code. (Added by Stats. 2023, Ch. 688, Sec. 2. (AB 1414) Effective January 1, 2024.)
  7. 425.50.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. General Provisions [425.10 - 425.55] ( Article 1 added by Stats. 1971, Ch. 244. )

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    A construction-related accessibility complaint must include specific facts about the barrier, how it affected access, and the dates involved; if filed by or for a high-frequency litigant, it must also include extra identifying details unless the complaint alleges physical injury or property damage.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. General Provisions [425.10 - 425.55] ( Article 1 added by Stats. 1971, Ch. 244. ) ## 425.50. (a) An allegation of a construction-related accessibility claim in a complaint, as defined in subdivision (a) of Section 55.52 of the Civil Code, shall state facts sufficient to allow a reasonable person to identify the basis of the violation or violations supporting the claim, including all of the following: (1) A plain language explanation of the specific access barrier or barriers the individual encountered, or by which the individual alleges he or she was deterred, with sufficient information about the location of the alleged barrier to enable a reasonable person to identify the access barrier. (2) The way in which the barrier denied the individual full and equal use or access, or in which it deterred the individual, on each particular occasion. (3) The date or dates of each particular occasion on which the claimant encountered the specific access barrier, or on which he or she was deterred. (4) (A) Except in complaints that allege physical injury or damage to property, a complaint filed by or on behalf of a high-frequency litigant shall also state all of the following: (i) Whether the complaint is filed by, or on behalf of, a high-frequency litigant. (ii) In the case of a high-frequency litigant who is a plaintiff, the number of complaints alleging a construction-related accessibility claim that the high-frequency litigant has filed during the 12 months prior to filing the complaint. (iii) In the case of a high-frequency litigant who is a plaintiff, the reason the individual was in the geographic area of the defendant’s business. (iv) In the case of a high-frequency litigant who is a plaintiff, the reason why the individual desired to access the defendant’s business, including the specific commercial, business, personal, social, leisure, recreational, or other purpose. (B) As used in this section “high-frequency litigant” has the same meaning as set forth in subdivision (b) of Section 425.55. (b) (1) A complaint alleging a construction-related accessibility claim, as those terms are defined in subdivision (a) of Section 55.3 of the Civil Code, shall be verified by the plaintiff. A complaint filed without verification shall be subject to a motion to strike. (2) A complaint alleging a construction-related accessibility claim filed by, or on behalf of, a high-frequency litigant shall state in the caption “ACTION SUBJECT TO THE SUPPLEMENTAL FEE IN GOVERNMENT CODE SECTION 70616.5.” (c) A complaint alleging a construction-related accessibility claim shall be signed by at least one attorney of record in the attorney’s individual name, or, if the party is not represented by an attorney, shall be signed by the party. By signing the complaint, the attorney or unrepresented party is certifying that, to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met: (1) It is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. (2) The claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law. (3) The allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery. (4) The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief. (d) A court may, after notice and a reasonable opportunity to respond, determine whether subdivision (c) has been violated and, if so, impose sanctions as provided in Section 128.7 for violations of subdivision (b) of Section 128.7. (e) Nothing in this section shall limit the right of a plaintiff to amend a complaint under Section 472, or with leave of the court under Section 473. However, an amended pleading alleging a construction-related accessibility claim shall be pled as required by subdivision (a). (f) The determination whether an attorney is a high-frequency litigant shall be made solely on the basis of the verified complaint and any other publicly available documents. Notwithstanding any other law, no party to the proceeding may conduct discovery with respect to whether an attorney is a high-frequency litigant. (g) This section shall become operative on January 1, 2013. (Amended by Stats. 2015, Ch. 755, Sec. 5. (AB 1521) Effective October 10, 2015.)
  8. 425.55.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. General Provisions [425.10 - 425.55] ( Article 1 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    This section defines when a plaintiff or attorney is a “high-frequency litigant” in construction-related accessibility cases, based on filing or handling enough cases within a 12-month look-back period, with specific exclusions.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. General Provisions [425.10 - 425.55] ( Article 1 added by Stats. 1971, Ch. 244. ) ## 425.55. (a) The Legislature finds and declares all of the following: (1) Protection of the civil rights of persons with disabilities is of the utmost importance to this state, and private enforcement is the essential means of achieving that goal, as the law has been designed. (2) According to information from the California Commission on Disability Access, more than one-half, or 54 percent, of all construction-related accessibility complaints filed between 2012 and 2014 were filed by two law firms. Forty-six percent of all complaints were filed by a total of 14 parties. Therefore, a very small number of plaintiffs have filed a disproportionately large number of the construction-related accessibility claims in the state, from 70 to 300 lawsuits each year. Moreover, these lawsuits are frequently filed against small businesses on the basis of boilerplate complaints, apparently seeking quick cash settlements rather than correction of the accessibility violation. This practice unfairly taints the reputation of other innocent disabled consumers who are merely trying to go about their daily lives accessing public accommodations as they are entitled to have full and equal access under the state’s Unruh Civil Rights Act (Section 51 of the Civil Code) and the federal Americans with Disability Act of 1990 (Public Law 101-336). (3) Therefore, given these special and unique circumstances, the provisions of this section are warranted for this limited group of plaintiffs. (b) For the purposes of this article, “high-frequency litigant” means a person, except as specified in paragraph (3), who utilizes court resources in actions arising from alleged construction-related access violations at such a high level that it is appropriate that additional safeguards apply so as to ensure that the claims are warranted. A “high-frequency litigant” means one or more of the following: (1) A plaintiff who has filed 10 or more complaints alleging a construction-related accessibility violation within the 12-month period immediately preceding the filing of the current complaint alleging a construction-related accessibility violation. (2) An attorney who has represented as attorney of record 10 or more high-frequency litigant plaintiffs in actions that were resolved within the 12-month period immediately preceding the filing of the current complaint alleging a construction-related accessibility violation, excluding all of the following actions: (A) An action in which an early evaluation conference was held pursuant to Section 55.54 of the Civil Code. (B) An action in which judgment was entered in favor of the plaintiff. (C) An action in which the construction-related accessibility violations alleged in the complaint were remedied in whole or in part, or a favorable result was achieved, after the plaintiff filed a complaint or provided a demand letter, as defined in Section 55.3 of the Civil Code. (3) This section does not apply to an attorney employed or retained by a qualified legal services project or a qualified support center, as defined in Section 6213 of the Business and Professions Code, when acting within the scope of employment to represent a client in asserting a construction-related accessibility claim, or the client in such a case. (Added by Stats. 2015, Ch. 755, Sec. 6. (AB 1521) Effective October 10, 2015.)
  9. 426.10.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 2. Compulsory Cross-Complaints [426.10 - 426.70] ( Article 2 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    This section defines “complaint,” “plaintiff,” and “related cause of action” for this article.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 2. Compulsory Cross-Complaints [426.10 - 426.70] ( Article 2 added by Stats. 1971, Ch. 244. ) ## 426.10. As used in this article: (a) “Complaint” means a complaint or cross-complaint. (b) “Plaintiff” means a person who files a complaint or cross-complaint. (c) “Related cause of action” means a cause of action which arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint. (Added by Stats. 1971, Ch. 244.)
  10. 426.30.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 2. Compulsory Cross-Complaints [426.10 - 426.70] ( Article 2 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    A defendant who has been served with a complaint must raise any related claim in a cross-complaint, or may lose the ability to sue on it later in another action, subject to stated exceptions.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 2. Compulsory Cross-Complaints [426.10 - 426.70] ( Article 2 added by Stats. 1971, Ch. 244. ) ## 426.30. (a) Except as otherwise provided by statute, if a party against whom a complaint has been filed and served fails to allege in a cross-complaint any related cause of action which (at the time of serving his answer to the complaint) he has against the plaintiff, such party may not thereafter in any other action assert against the plaintiff the related cause of action not pleaded. (b) This section does not apply if either of the following are established: (1) The court in which the action is pending does not have jurisdiction to render a personal judgment against the person who failed to plead the related cause of action. (2) The person who failed to plead the related cause of action did not file an answer to the complaint against him. (Added by Stats. 1971, Ch. 244.)
  11. 426.40.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 2. Compulsory Cross-Complaints [426.10 - 426.70] ( Article 2 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    This article does not apply if one of three specified conditions is met.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 2. Compulsory Cross-Complaints [426.10 - 426.70] ( Article 2 added by Stats. 1971, Ch. 244. ) ## 426.40. This article does not apply if any of the following are established: (a) The cause of action not pleaded requires for its adjudication the presence of additional parties over whom the court cannot acquire jurisdiction. (b) Both the court in which the action is pending and any other court to which the action is transferrable pursuant to Section 396 are prohibited by the federal or state constitution or by a statute from entertaining the cause of action not pleaded. (c) At the time the action was commenced, the cause of action not pleaded was the subject of another pending action. (Added by Stats. 1971, Ch. 244.)
  12. 426.50.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 2. Compulsory Cross-Complaints [426.10 - 426.70] ( Article 2 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    A party who missed a compulsory cross-complaint issue may ask the court for permission to amend or file it later, and the court must grant relief if the omission was in good faith and notice is given to the adverse party.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 2. Compulsory Cross-Complaints [426.10 - 426.70] ( Article 2 added by Stats. 1971, Ch. 244. ) ## 426.50. A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his pleading, or to file a cross-complaint, to assert such cause at any time during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or to file the cross-complaint, to assert such cause if the party who failed to plead the cause acted in good faith. This subdivision shall be liberally construed to avoid forfeiture of causes of action. (Added by Stats. 1971, Ch. 244.)
  13. 426.60.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 2. Compulsory Cross-Complaints [426.10 - 426.70] ( Article 2 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    This article applies only to civil actions and excludes special proceedings, small claims court actions, and cases where the only relief sought is a declaratory judgment about the parties’ rights and duties.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 2. Compulsory Cross-Complaints [426.10 - 426.70] ( Article 2 added by Stats. 1971, Ch. 244. ) ## 426.60. (a) This article applies only to civil actions and does not apply to special proceedings. (b) This article does not apply to actions in the small claims court. (c) This article does not apply where the only relief sought is a declaration of the rights and duties of the respective parties in an action for declaratory relief under Chapter 8 (commencing with Section 1060) of Title 14 of this part. (Added by Stats. 1971, Ch. 244.)
  14. 426.70.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 2. Compulsory Cross-Complaints [426.10 - 426.70] ( Article 2 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    This section says the article applies to eminent domain proceedings, and a related cause of action may be brought by cross-complaint in that kind of case.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 2. Compulsory Cross-Complaints [426.10 - 426.70] ( Article 2 added by Stats. 1971, Ch. 244. ) ## 426.70. (a) Notwithstanding subdivision (a) of Section 426.60, this article applies to eminent domain proceedings. (b) The related cause of action may be asserted by cross-complaint in an eminent domain proceeding whether or not the party asserting such cause of action has presented a claim in compliance with Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code to the plaintiff in the original eminent domain proceeding. (Added by Stats. 1975, Ch. 1240.)
  15. 427.10.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 3. Permissive Joinder of Causes of Action [427.10- 427.10.] ( Article 3 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    A plaintiff may join other causes of action with a complaint claim against the same defendants.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 3. Permissive Joinder of Causes of Action [427.10- 427.10.] ( Article 3 added by Stats. 1971, Ch. 244. ) ## 427.10. (a) A plaintiff who in a complaint, alone or with coplaintiffs, alleges a cause of action against one or more defendants may unite with such cause any other causes which he has either alone or with any coplaintiffs against any of such defendants. (b) Causes of action may be joined in a cross-complaint in accordance with Sections 428.10 and 428.30. (Added by Stats. 1971, Ch. 244.)
  16. 428.10.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 4. Cross-Complaints [428.10 - 428.80] ( Article 4 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    A defendant-like party may file a cross-complaint against parties who sued them, and may also include claims against a liable person if the claim is connected to the same transaction or to the same property or controversy. The section does not authorize a cross-complaint against the plaintiff in certain Title 7 actions.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 4. Cross-Complaints [428.10 - 428.80] ( Article 4 added by Stats. 1971, Ch. 244. ) ## 428.10. A party against whom a cause of action has been asserted in a complaint or cross-complaint may file a cross-complaint setting forth either or both of the following: (a) Any cause of action he has against any of the parties who filed the complaint or cross-complaint against him. Nothing in this subdivision authorizes the filing of a cross-complaint against the plaintiff in an action commenced under Title 7 (commencing with Section 1230.010) of Part 3. (b) Any cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the cause brought against him. (Amended by Stats. 1975, Ch. 1240.)
  17. 428.20.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 4. Cross-Complaints [428.10 - 428.80] ( Article 4 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    A person filing an authorized cross-complaint may join additional people as cross-complainants or cross-defendants, even if they are already parties, when joinder would be allowed in an independent action.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 4. Cross-Complaints [428.10 - 428.80] ( Article 4 added by Stats. 1971, Ch. 244. ) ## 428.20. When a person files a cross-complaint as authorized by Section 428.10, he may join any person as a cross-complainant or cross-defendant, whether or not such person is already a party to the action, if, had the cross-complaint been filed as an independent action, the joinder of that party would have been permitted by the statutes governing joinder of parties. (Added by Stats. 1971, Ch. 244.)
  18. 428.30.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 4. Cross-Complaints [428.10 - 428.80] ( Article 4 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    A person filing a cross-complaint may join other claims against the cross-defendants, except claims against the plaintiff in an eminent domain case.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 4. Cross-Complaints [428.10 - 428.80] ( Article 4 added by Stats. 1971, Ch. 244. ) ## 428.30. Where a person files a cross-complaint as authorized by Section 428.10, he may unite with the cause of action asserted in the cross-complaint any other causes of action he has against any of the cross-defendants, other than the plaintiff in an eminent domain proceeding, whether or not such cross-defendant is already a party to the action. (Added by Stats. 1971, Ch. 244.)
  19. 428.40.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 4. Cross-Complaints [428.10 - 428.80] ( Article 4 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    A cross-complaint must be filed as a separate document.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 4. Cross-Complaints [428.10 - 428.80] ( Article 4 added by Stats. 1971, Ch. 244. ) ## 428.40. The cross-complaint shall be a separate document. (Added by Stats. 1971, Ch. 244.)
  20. 428.50.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 4. Cross-Complaints [428.10 - 428.80] ( Article 4 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    A party must file a cross-complaint by the answer deadline if it is against someone who filed the complaint or cross-complaint; other cross-complaints may be filed before trial is set, and late filing generally requires leave of court.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 4. Cross-Complaints [428.10 - 428.80] ( Article 4 added by Stats. 1971, Ch. 244. ) ## 428.50. (a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint. (b) Any other cross-complaint may be filed at any time before the court has set a date for trial. (c) A party shall obtain leave of court to file any cross-complaint except one filed within the time specified in subdivision (a) or (b). Leave may be granted in the interest of justice at any time during the course of the action. (Amended by Stats. 1983, Ch. 176, Sec. 1.)
  21. 428.60.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 4. Cross-Complaints [428.10 - 428.80] ( Article 4 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    A cross-complaint must be served on each party in the action, with different service rules depending on whether the party has already appeared.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 4. Cross-Complaints [428.10 - 428.80] ( Article 4 added by Stats. 1971, Ch. 244. ) ## 428.60. A cross-complaint shall be served on each of the parties in an action in the following manner: (1) If a party has not appeared in the action, a summons upon the cross-complaint shall be issued and served upon him in the same manner as upon commencement of an original action. (2) If a party has appeared in the action, the cross-complaint shall be served upon his attorney, or upon the party if he has appeared without an attorney, in the manner provided for service of summons or in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of this code. (Amended by Stats. 1974, Ch. 429.)
  22. 428.70.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 4. Cross-Complaints [428.10 - 428.80] ( Article 4 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    A third-party defendant may file a separate special answer with certain defenses when answering a cross-complaint, and that special answer must be served on the third-party plaintiff and the original claimant.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 4. Cross-Complaints [428.10 - 428.80] ( Article 4 added by Stats. 1971, Ch. 244. ) ## 428.70. (a) As used in this section: (1) “Third-party plaintiff” means a person against whom a cause of action has been asserted in a complaint or cross-complaint, who claims the right to recover all or part of any amounts for which he may be held liable on such cause of action from a third person, and who files a cross-complaint stating such claim as a cause of action against the third person. (2) “Third-party defendant” means the person who is alleged in a cross-complaint filed by a third-party plaintiff to be liable to the third-party plaintiff if the third-party plaintiff is held liable on the claim against him. (b) In addition to the other rights and duties a third-party defendant has under this article, he may, at the time he files his answer to the cross-complaint, file as a separate document a special answer alleging against the person who asserted the cause of action against the third-party plaintiff any defenses which the third-party plaintiff has to such cause of action. The special answer shall be served on the third-party plaintiff and on the person who asserted the cause of action against the third-party plaintiff. (Added by Stats. 1971, Ch. 244.)
  23. 428.80.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 4. Cross-Complaints [428.10 - 428.80] ( Article 4 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    Counterclaims are abolished; qualifying claims must be filed as cross-complaints instead.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 4. Cross-Complaints [428.10 - 428.80] ( Article 4 added by Stats. 1971, Ch. 244. ) ## 428.80. The counterclaim is abolished. Any cause of action that formerly was asserted by a counterclaim shall be asserted by a cross-complaint. Where any statute refers to asserting a cause of action as a counterclaim, such cause shall be asserted as a cross-complaint. The erroneous designation of a pleading as a counterclaim shall not affect its validity, but such pleading shall be deemed to be a cross-complaint. (Added by Stats. 1971, Ch. 244.)
  24. 429.30.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 5. Contents of Documents in Particular Actions or Proceedings [429.30- 429.30.] ( Article 5 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    If a complaint seeks relief for infringement of certain creative works, copies of the works must be attached to the complaint unless that is impracticable; if so, the complaint must explain why, and the court may order a view of the unattached production.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 5. Contents of Documents in Particular Actions or Proceedings [429.30- 429.30.] ( Article 5 added by Stats. 1971, Ch. 244. ) ## 429.30. (a) As used in this section: (1) “Complaint” includes a cross-complaint. (2) “Plaintiff” includes the person filing a cross-complaint. (b) If the complaint contains a demand for relief on account of the alleged infringement of the plaintiff’s rights in and to a literary, artistic, or intellectual production, there shall be attached to the complaint a copy of the production as to which the infringement is claimed and a copy of the alleged infringing production. If, by reason of bulk or the nature of the production, it is not practicable to attach a copy to the complaint, that fact and the reasons why it is impracticable to attach a copy of the production to the complaint shall be alleged; and the court, in connection with any demurrer, motion, or other proceedings in the cause in which a knowledge of the contents of such production may be necessary or desirable, shall make such order for a view of the production not attached as will suit the convenience of the court to the end that the contents of such production may be deemed to be a part of the complaint to the same extent and with the same force as though such production had been capable of being and had been attached to the complaint. The attachment of any such production in accordance with the provisions of this section shall not be deemed a making public of the production within the meaning of Section 983 of the Civil Code. (Added by Stats. 1971, Ch. 244.)
  25. 43.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Supreme Court [41 - 46] ( Chapter 3 added by Code Amendments 1880, Ch. 35. )

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    The Supreme Court and courts of appeal may affirm, reverse, or modify appealed judgments or orders, and may direct the proper order, a new trial, or further proceedings.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Supreme Court [41 - 46] ( Chapter 3 added by Code Amendments 1880, Ch. 35. ) ## 43. The Supreme Court, and the courts of appeal, may affirm, reverse, or modify any judgment or order appealed from, and may direct the proper judgment or order to be entered, or direct a new trial or further proceedings to be had. In giving its decision, if a new trial be granted, the court shall pass upon and determine all the questions of law involved in the case, presented upon such appeal, and necessary to the final determination of the case. Its judgment in appealed cases shall be remitted to the court from which the appeal was taken. (Added by renumbering Section 53 by Stats. 1967, Ch. 17.)
  26. 430.10.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. Objections to Pleadings [430.10 - 430.90] ( Article 1 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    A party facing a complaint or cross-complaint may object by demurrer or answer on several listed grounds.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. Objections to Pleadings [430.10 - 430.90] ( Article 1 added by Stats. 1971, Ch. 244. ) ## 430.10. The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds: (a) The court has no jurisdiction of the subject of the cause of action alleged in the pleading. (b) The person who filed the pleading does not have the legal capacity to sue. (c) There is another action pending between the same parties on the same cause of action. (d) There is a defect or misjoinder of parties. (e) The pleading does not state facts sufficient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, “uncertain” includes ambiguous and unintelligible. (g) In an action founded upon a contract, it cannot be ascertained from the pleading whether the contract is written, is oral, or is implied by conduct. (h) No certificate was filed as required by Section 411.35. (Amended by Stats. 2020, Ch. 370, Sec. 35. (SB 1371) Effective January 1, 2021.)
  27. 430.20.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. Objections to Pleadings [430.10 - 430.90] ( Article 1 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    A party facing an answer may object to it by demurrer on specified grounds.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. Objections to Pleadings [430.10 - 430.90] ( Article 1 added by Stats. 1971, Ch. 244. ) ## 430.20. A party against whom an answer has been filed may object, by demurrer as provided in Section 430.30, to the answer upon any one or more of the following grounds: (a) The answer does not state facts sufficient to constitute a defense. (b) The answer is uncertain. As used in this subdivision, “uncertain” includes ambiguous and unintelligible. (c) Where the answer pleads a contract, it cannot be ascertained from the answer whether the contract is written or oral. (Added by Stats. 1971, Ch. 244.)
  28. 430.30.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. Objections to Pleadings [430.10 - 430.90] ( Article 1 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    A party may object to a complaint or cross-complaint by demurrer or answer, and may use both at the same time.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. Objections to Pleadings [430.10 - 430.90] ( Article 1 added by Stats. 1971, Ch. 244. ) ## 430.30. (a) When any ground for objection to a complaint, cross-complaint, or answer appears on the face thereof, or from any matter of which the court is required to or may take judicial notice, the objection on that ground may be taken by a demurrer to the pleading. (b) When any ground for objection to a complaint or cross-complaint does not appear on the face of the pleading, the objection may be taken by answer. (c) A party objecting to a complaint or cross-complaint may demur and answer at the same time. (Added by Stats. 1971, Ch. 244.)
  29. 430.40.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. Objections to Pleadings [430.10 - 430.90] ( Article 1 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    This section lets certain parties demur within set time limits after service.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. Objections to Pleadings [430.10 - 430.90] ( Article 1 added by Stats. 1971, Ch. 244. ) ## 430.40. (a) A person against whom a complaint or cross-complaint has been filed may, within 30 days after service of the complaint or cross-complaint, demur to the complaint or cross-complaint. (b) A party who has filed a complaint or cross-complaint may, within 10 days after service of the answer to his pleading, demur to the answer. (Added by Stats. 1971, Ch. 244.)
  30. 430.41.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. Objections to Pleadings [430.10 - 430.90] ( Article 1 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    Before filing a demurrer, the demurring party must meet and confer with the other side and file a declaration about that process.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. Objections to Pleadings [430.10 - 430.90] ( Article 1 added by Stats. 1971, Ch. 244. ) ## 430.41. (a) Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person, by telephone, or by video conference with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. If an amended complaint, cross-complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading. (1) As part of the meet and confer process, the demurring party shall identify all of the specific causes of action that it believes are subject to demurrer and identify with legal support the basis of the deficiencies. The party who filed the complaint, cross-complaint, or answer shall provide legal support for its position that the pleading is legally sufficient or, in the alternative, how the complaint, cross-complaint, or answer could be amended to cure any legal insufficiency. (2) The parties shall meet and confer at least 5 days before the date the responsive pleading is due. If the parties are not able to meet and confer at least 5 days before the date the responsive pleading is due, the demurring party shall be granted an automatic 30-day extension of time within which to file a responsive pleading, by filing and serving, on or before the date on which a demurrer would be due, a declaration stating under penalty of perjury that a good faith attempt to meet and confer was made and explaining the reasons why the parties could not meet and confer. The 30-day extension shall commence from the date the responsive pleading was previously due, and the demurring party shall not be subject to default during the period of the extension. Any further extensions shall be obtained by court order upon a showing of good cause. (3) The demurring party shall file and serve with the demurrer a declaration stating either of the following: (A) The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer. (B) That the party who filed the pleading subject to demurrer failed to respond to the meet and confer request of the demurring party or otherwise failed to meet and confer in good faith. (4) A determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer. (b) A party demurring to a pleading that has been amended after a demurrer to an earlier version of the pleading was sustained shall not demur to any portion of the amended complaint, cross-complaint, or answer on grounds that could have been raised by demurrer to the earlier version of the complaint, cross-complaint, or answer. (c) If a court sustains a demurrer to one or more causes of action and grants leave to amend, the court may order a conference of the parties before an amended complaint or cross-complaint or a demurrer to an amended complaint or cross-complaint, may be filed. If a conference is held, the court shall not preclude a party from filing a demurrer and the time to file a demurrer shall not begin until after the conference has concluded. This section does not prohibit the court from ordering a conference on its own motion at any time or prevent a party from requesting that the court order a conference to be held. (d) This section does not apply to the following civil actions: (1) An action in which a party not represented by counsel is incarcerated in a local, state, or federal correctional institution. (2) A proceeding in forcible entry, forcible detainer, or unlawful detainer. (e) (1) In response to a demurrer and prior to the case being at issue, a complaint or cross-complaint shall not be amended more than three times, absent an offer to the trial court as to such additional facts to be pleaded that there is a reasonable possibility the defect can be cured to state a cause of action. The three-amendment limit shall not include an amendment made without leave of the court pursuant to Section 472, provided the amendment is made before a demurrer to the original complaint or cross-complaint is filed. (2) Nothing in this section affects the rights of a party to amend its pleading or respond to an amended pleading after the case is at issue. (f) Nothing in this section affects appellate review or the rights of a party pursuant to Section 430.80. (g) If a demurrer is overruled as to a cause of action and that cause of action is not further amended, the demurring party preserves its right to appeal after final judgment without filing a further demurrer. (Amended by Stats. 2023, Ch. 478, Sec. 9. (AB 1756) Effective January 1, 2024.)
  31. 430.50.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. Objections to Pleadings [430.10 - 430.90] ( Article 1 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    A demurrer may challenge all or part of a complaint, cross-complaint, or answer.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. Objections to Pleadings [430.10 - 430.90] ( Article 1 added by Stats. 1971, Ch. 244. ) ## 430.50. (a) A demurrer to a complaint or cross-complaint may be taken to the whole complaint or cross-complaint or to any of the causes of action stated therein. (b) A demurrer to an answer may be taken to the whole answer or to any one or more of the several defenses set up in the answer. (Added by Stats. 1971, Ch. 244.)
  32. 430.60.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. Objections to Pleadings [430.10 - 430.90] ( Article 1 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    A demurrer must clearly state the grounds for the objections it raises, or it may be disregarded.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. Objections to Pleadings [430.10 - 430.90] ( Article 1 added by Stats. 1971, Ch. 244. ) ## 430.60. A demurrer shall distinctly specify the grounds upon which any of the objections to the complaint, cross-complaint, or answer are taken. Unless it does so, it may be disregarded. (Added by Stats. 1971, Ch. 244.)
  33. 430.70.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. Objections to Pleadings [430.10 - 430.90] ( Article 1 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    If a demurrer relies on a matter the court may judicially notice under Evidence Code sections 452 or 453, that matter must be stated in the demurrer or in the supporting points and authorities, unless the court allows otherwise.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. Objections to Pleadings [430.10 - 430.90] ( Article 1 added by Stats. 1971, Ch. 244. ) ## 430.70. When the ground of demurrer is based on a matter of which the court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code, such matter shall be specified in the demurrer, or in the supporting points and authorities for the purpose of invoking such notice, except as the court may otherwise permit. (Added by Stats. 1971, Ch. 244.)
  34. 430.80.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. Objections to Pleadings [430.10 - 430.90] ( Article 1 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    If a party does not object to a complaint, cross-complaint, or answer in the required way, the objection is generally waived, with limited exceptions.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. Objections to Pleadings [430.10 - 430.90] ( Article 1 added by Stats. 1971, Ch. 244. ) ## 430.80. (a) If the party against whom a complaint or cross-complaint has been filed fails to object to the pleading, either by demurrer or answer, that party is deemed to have waived the objection unless it is an objection that the court has no jurisdiction of the subject of the cause of action alleged in the pleading or an objection that the pleading does not state facts sufficient to constitute a cause of action. (b) If the party against whom an answer has been filed fails to demur thereto, that party is deemed to have waived the objection unless it is an objection that the answer does not state facts sufficient to constitute a defense. (Amended by Stats. 1983, Ch. 1167, Sec. 2.)
  35. 430.90.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. Objections to Pleadings [430.10 - 430.90] ( Article 1 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    After an improperly removed case is remanded from federal court, the defendant has 30 days from the original court’s receipt of the case to take specified response steps.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. Objections to Pleadings [430.10 - 430.90] ( Article 1 added by Stats. 1971, Ch. 244. ) ## 430.90. (a) Where the defendant has removed a civil action to federal court without filing a response in the original court and the case is later remanded for improper removal, the time to respond shall be as follows: (1) If the defendant has not generally appeared in either the original or federal court, then 30 days from the day the original court receives the case on remand to move to dismiss the action pursuant to Section 583.250 or to move to quash service of summons or to stay or dismiss the action pursuant to Section 418.10, if the court has not ruled on a similar motion filed by the defendant prior to the removal of the action to federal court. (2) If the defendant has not filed an answer in the original court, then 30 days from the day the original court receives the case on remand to do any of the following: (A) Answer the complaint. (B) Demur or move to strike all or a portion of the complaint if: (i) an answer was not filed in the federal court, and (ii) a demurrer or motion to strike raising the same or similar issues was not filed and ruled upon by the original court prior to the removal of the action to federal court or was not filed and ruled upon in federal court prior to the remand. If the demurrer or motion to strike is denied by the court, the defendant shall have 30 days to answer the complaint unless an answer was filed with the demurrer or motion to strike. (b) For the purposes of this section, time shall be calculated from the date of the original court’s receipt of the order of remand. (Added by Stats. 1995, Ch. 796, Sec. 5. Effective January 1, 1996.)
  36. 431.10.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 2. Denials and Defenses [431.10 - 431.70] ( Article 2 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    This section defines what counts as a material allegation and what counts as an immaterial allegation in a pleading.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 2. Denials and Defenses [431.10 - 431.70] ( Article 2 added by Stats. 1971, Ch. 244. ) ## 431.10. (a) A material allegation in a pleading is one essential to the claim or defense and which could not be stricken from the pleading without leaving it insufficient as to that claim or defense. (b) An immaterial allegation in a pleading is any of the following: (1) An allegation that is not essential to the statement of a claim or defense. (2) An allegation that is neither pertinent to nor supported by an otherwise sufficient claim or defense. (3) A demand for judgment requesting relief not supported by the allegations of the complaint or cross-complaint. (c) An “immaterial allegation” means “irrelevant matter” as that term is used in Section 436. (Amended by Stats. 1986, Ch. 540, Sec. 2.)
  37. 431.20.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 2. Denials and Defenses [431.10 - 431.70] ( Article 2 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    Uncontested material allegations in a complaint or cross-complaint are treated as true, and new defensive matter in an answer is treated as controverted at trial.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 2. Denials and Defenses [431.10 - 431.70] ( Article 2 added by Stats. 1971, Ch. 244. ) ## 431.20. (a) Every material allegation of the complaint or cross-complaint, not controverted by the answer, shall, for the purposes of the action, be taken as true. (b) The statement of any new matter in the answer, in avoidance or constituting a defense, shall, on the trial, be deemed controverted by the opposite party. (Added by Stats. 1971, Ch. 244.)
  38. 431.30.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 2. Denials and Defenses [431.10 - 431.70] ( Article 2 added by Stats. 1971, Ch. 244. )

    Verify source ↗

    An answer to a complaint must include denials of the disputed allegations and any new matter that constitutes a defense, and it cannot ask for affirmative relief.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 2. Denials and Defenses [431.10 - 431.70] ( Article 2 added by Stats. 1971, Ch. 244. ) ## 431.30. (a) As used in this section: (1) “Complaint” includes a cross-complaint. (2) “Defendant” includes a person filing an answer to a cross-complaint. (b) The answer to a complaint shall contain: (1) The general or specific denial of the material allegations of the complaint controverted by the defendant. (2) A statement of any new matter constituting a defense. (c) Affirmative relief may not be claimed in the answer. (d) If the complaint is subject to Article 2 (commencing with Section 90) of Chapter 5.1 of Title 1 of Part 1 or is not verified, a general denial is sufficient but only puts in issue the material allegations of the complaint. If the complaint is verified, unless the complaint is subject to Article 2 (commencing with Section 90) of Chapter 5.1 of Title 1 of Part 1, the denial of the allegations shall be made positively or according to the information and belief of the defendant. However, if the cause of action is a claim assigned to a third party for collection and the complaint is verified, the denial of the allegations shall be made positively or according to the information and belief of the defendant, even if the complaint is subject to Article 2 (commencing with Section 90) of Chapter 5.1 of Title 1 of Part 1. (e) If the defendant has no information or belief upon the subject sufficient to enable him or her to answer an allegation of the complaint, he or she may so state in his or her answer and place his or her denial on that ground. (f) The denials of the allegations controverted may be stated by reference to specific paragraphs or parts of the complaint; or by express admission of certain allegations of the complaint with a general denial of all of the allegations not so admitted; or by denial of certain allegations upon information and belief, or for lack of sufficient information or belief, with a general denial of all allegations not so denied or expressly admitted. (g) The defenses shall be separately stated, and the several defenses shall refer to the causes of action which they are intended to answer, in a manner by which they may be intelligibly distinguished. (Amended by Stats. 2003, Ch. 149, Sec. 8. Effective January 1, 2004.)
  39. 431.40.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 2. Denials and Defenses [431.10 - 431.70] ( Article 2 added by Stats. 1971, Ch. 244. )

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    In certain low-value cases, a defendant may file a general written denial and a brief statement of new matter as a defense instead of a demurrer or other answer.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 2. Denials and Defenses [431.10 - 431.70] ( Article 2 added by Stats. 1971, Ch. 244. ) ## 431.40. (a) Any provision of law to the contrary notwithstanding, in any action in which the demand, exclusive of interest, or the value of the property in controversy does not exceed one thousand dollars ($1000), the defendant at his option, in lieu of demurrer or other answer, may file a general written denial and a brief statement of any new matter constituting a defense. (b) Nothing in this section excuses the defendant from complying with the provisions of law applicable to a cross-complaint, and any cross-complaint of the defendant shall be subject to the requirements applicable in any other action. (c) The general written denial described in subdivision (a) shall be on a blank available at the place of filing and shall be in a form prescribed by the Judicial Council. This form need not be verified. (Amended by Stats. 1977, Ch. 93.)
  40. 431.50.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 2. Denials and Defenses [431.10 - 431.70] ( Article 2 added by Stats. 1971, Ch. 244. )

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    In certain insurance-contract actions, the defendant must state in the answer the proximate cause of the loss and explain how an excepted peril contributed or caused the insured peril.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 2. Denials and Defenses [431.10 - 431.70] ( Article 2 added by Stats. 1971, Ch. 244. ) ## 431.50. In an action to recover upon a contract of insurance wherein the defendant claims exemption from liability upon the ground that, although the proximate cause of the loss was a peril insured against, the loss was remotely caused by or would not have occurred but for a peril excepted in the contract of insurance, the defendant shall in his answer set forth and specify the peril which was the proximate cause of the loss, in what manner the peril excepted contributed to the loss or itself caused the peril insured against, and if he claims that the peril excepted caused the peril insured against, he shall in his answer set forth and specify upon what premises or at what place the peril excepted caused the peril insured against. (Added by Stats. 1971, Ch. 244.)
  41. 431.70.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 2. Denials and Defenses [431.10 - 431.70] ( Article 2 added by Stats. 1971, Ch. 244. )

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    A person may raise payment as a defense for cross-demands for money in an answer when both demands existed before limitations barred either one, but only within limits and subject to an exception.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 2. Denials and Defenses [431.10 - 431.70] ( Article 2 added by Stats. 1971, Ch. 244. ) ## 431.70. Where cross-demands for money have existed between persons at any point in time when neither demand was barred by the statute of limitations, and an action is thereafter commenced by one such person, the other person may assert in the answer the defense of payment in that the two demands are compensated so far as they equal each other, notwithstanding that an independent action asserting the person’s claim would at the time of filing the answer be barred by the statute of limitations. If the cross-demand would otherwise be barred by the statute of limitations, the relief accorded under this section shall not exceed the value of the relief granted to the other party. The defense provided by this section is not available if the cross-demand is barred for failure to assert it in a prior action under Section 426.30. Neither person can be deprived of the benefits of this section by the assignment or death of the other. For the purposes of this section, a money judgment is a “demand for money” and, as applied to a money judgment, the demand is barred by the statute of limitations when enforcement of the judgment is barred under Chapter 3 (commencing with Section 683.010) of Division 1 of Title 9. (Amended by Stats. 1982, Ch. 497, Sec. 32. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
  42. 432.10.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 3. Time to Respond to Cross-Complaint [432.10- 432.10.] ( Article 3 added by Stats. 1971, Ch. 244. )

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    A party served with a cross-complaint may respond within 30 days after service by moving, demurring, or otherwise pleading.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10] ( Chapter 3 added by Stats. 1971, Ch. 244. ) ## ARTICLE 3. Time to Respond to Cross-Complaint [432.10- 432.10.] ( Article 3 added by Stats. 1971, Ch. 244. ) ## 432.10. A party served with a cross-complaint may within 30 days after service move, demur, or otherwise plead to the cross-complaint in the same manner as to an original complaint. (Added by Stats. 1971, Ch. 244.)
  43. 435.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 4. Motion to Strike [435 - 437] ( Heading of Chapter 4 added by Stats. 1971, Ch. 244. )

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    Any party may file a motion to strike a pleading, and motions against an answer, complaint, or demurrer have specific hearing-date rules.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 4. Motion to Strike [435 - 437] ( Heading of Chapter 4 added by Stats. 1971, Ch. 244. ) ## 435. (a) As used in this section: (1) The term “complaint” includes a cross-complaint. (2) The term “pleading” means a demurrer, answer, complaint, or cross-complaint. (b) (1) Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof, but this time limitation shall not apply to motions specified in subdivision (e). (2) A notice of motion to strike the answer or the complaint, or a portion thereof, shall specify a hearing date set in accordance with Section 1005. (3) A notice of motion to strike a demurrer, or a portion thereof, shall set the hearing thereon concurrently with the hearing on the demurrer. (c) If a party serves and files a notice of motion to strike without demurring to the complaint, the time to answer is extended and no default may be entered against that defendant, except as provided in Sections 585 and 586. (d) The filing of a notice of motion to strike an answer or complaint, or portion thereof, shall not extend the time within which to demur. (e) A motion to strike, as specified in this section, may be made as part of a motion pursuant to subparagraph (A) of paragraph (1) of subdivision (i) of Section 438. (Amended by Stats. 1993, Ch. 456, Sec. 3.5. Effective January 1, 1994.)
  44. 435.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 4. Motion to Strike [435 - 437] ( Heading of Chapter 4 added by Stats. 1971, Ch. 244. )

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    Before filing a motion to strike, the moving party must meet and confer with the other side and later file a declaration about that process. The section also limits repeated amendments, allows a court-ordered conference in some cases, and gives an automatic 30-day filing extension if the parties cannot meet and confer in time.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 4. Motion to Strike [435 - 437] ( Heading of Chapter 4 added by Stats. 1971, Ch. 244. ) ## 435.5. (a) Before filing a motion to strike pursuant to this chapter, the moving party shall meet and confer in person, by telephone, or by video conference with the party who filed the pleading that is subject to the motion to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in the motion to strike. If an amended pleading is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a motion to strike the amended pleading. (1) As part of the meet and confer process, the moving party shall identify all of the specific allegations that it believes are subject to being stricken and identify with legal support the basis of the deficiencies. The party who filed the pleading shall provide legal support for its position that the pleading is legally sufficient, or, in the alternative, how the pleading could be amended to cure any legal insufficiency. (2) The parties shall meet and confer at least 5 days before the date a motion to strike must be filed. If the parties are unable to meet and confer at least 5 days before the date the motion to strike must be filed, the moving party shall be granted an automatic 30-day extension of time within which to file a motion to strike, by filing and serving, on or before the date a motion to strike must be filed, a declaration stating under penalty of perjury that a good faith attempt to meet and confer was made and explaining the reasons why the parties could not meet and confer. The 30-day extension shall commence from the date the motion to strike was previously due, and the moving party shall not be subject to default during the period of the extension. Any further extensions shall be obtained by court order upon a showing of good cause. (3) The moving party shall file and serve with the motion to strike a declaration stating either of the following: (A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion to strike, and that the parties did not reach an agreement resolving the objections raised by the motion to strike. (B) That the party who filed the pleading subject to the motion to strike failed to respond to the meet and confer request of the moving party or otherwise failed to meet and confer in good faith. (4) A determination by the court that the meet and confer process was insufficient shall not be grounds to grant or deny the motion to strike. (b) A party moving to strike a pleading that has been amended after a motion to strike an earlier version of the pleading was granted shall not move to strike any portion of the pleadings on grounds that could have been raised by a motion to strike as to the earlier version of the pleading. (c) (1) If a court grants a motion to strike and grants leave to amend, the court may order a conference of the parties before an amended pleading, or a motion to strike an amended pleading, may be filed. If the conference is held, the court shall not preclude a party from filing a motion to strike and the time to file a motion to strike shall not begin until after the conference has concluded. (2) This section does not prohibit the court from ordering a conference on its own motion at any time or prevent a party from requesting that the court order that a conference be held. (d) This section does not apply to any of the following: (1) An action in which a party not represented by counsel is incarcerated in a local, state, or federal correctional institution. (2) A proceeding in forcible entry, forcible detainer, or unlawful detainer. (3) A special motion brought pursuant to Section 425.16. (4) A motion brought less than 30 days before trial. (e) (1) In response to a motion to strike and before the case is at issue, a pleading shall not be amended more than three times, absent an offer to the trial court of additional facts to be pleaded that, if pleaded, would result in a reasonable possibility that the defect can be cured. The three-amendment limit does not include an amendment made without leave of the court pursuant to Section 472, if the amendment is made before a motion to strike as to the original pleading is filed. (2) This section does not affect the rights of a party to amend its pleading or respond to an amended pleading after the case is at issue. (f) This section does not affect appellate review or the rights of a party pursuant to Section 430.80. (g) If a motion to strike is denied and the pleading is not further amended, the moving party preserves its right to appeal after final judgment without filing a further motion to strike. (Amended by Stats. 2023, Ch. 478, Sec. 10. (AB 1756) Effective January 1, 2024.)
  45. 436.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 4. Motion to Strike [435 - 437] ( Heading of Chapter 4 added by Stats. 1971, Ch. 244. )

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    The court may strike irrelevant, false, improper, or nonconforming matter from a pleading.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 4. Motion to Strike [435 - 437] ( Heading of Chapter 4 added by Stats. 1971, Ch. 244. ) ## 436. The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (Amended by Stats. 1983, Ch. 1167, Sec. 4.)
  46. 437.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 4. Motion to Strike [435 - 437] ( Heading of Chapter 4 added by Stats. 1971, Ch. 244. )

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    A motion to strike must be based on grounds that appear on the face of the challenged pleading or on matter the court must judicially notice.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 4. Motion to Strike [435 - 437] ( Heading of Chapter 4 added by Stats. 1971, Ch. 244. ) ## 437. (a) The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. (b) Where the motion to strike is based on matter of which the court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code, such matter shall be specified in the notice of motion, or in the supporting points and authorities, except as the court may otherwise permit. (Added by Stats. 1982, Ch. 704, Sec. 4.)
  47. 437c

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 5. Summary Judgments and Motions for Judgment on the Pleadings [437c - 439] ( Heading of Chapter 5 amended by Stats. 1993, Ch. 456, Sec. 4. )

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    This section sets the procedure for summary judgment and summary adjudication motions, including timing, service, opposition, reply, required evidence, and court rulings.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 5. Summary Judgments and Motions for Judgment on the Pleadings [437c - 439] ( Heading of Chapter 5 amended by Stats. 1993, Ch. 456, Sec. 4. ) ## 437c. (a) (1) A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding. The motion may be made at any time after 60 days have elapsed since the general appearance in the action or proceeding of each party against whom the motion is directed or at any earlier time after the general appearance that the court, with or without notice and upon good cause shown, may direct. (2) Notice of the motion and supporting papers shall be served on all other parties to the action at least 81 days before the time appointed for hearing. If the notice is served by mail, the required 81-day period of notice shall be increased by 5 days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States. If the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 81-day period of notice shall be increased by two court days. (3) The motion shall be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise. The filing of the motion shall not extend the time within which a party must otherwise file a responsive pleading. (4) A party shall not bring more than one motion for summary judgment against an adverse party to the action or proceeding. This limitation does not apply to motions for summary adjudication. (5) Notwithstanding any other provision of this section, on motion or application of any party and a showing of good cause, the court may grant leave for the moving party to bring an additional motion for summary judgment. The moving party shall serve the notice and supporting papers for any such additional motion in accordance with paragraph (2) of subdivision (a). (b) (1) The motion shall be supported by affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken. The supporting papers shall include a separate statement setting forth plainly and concisely all material facts that the moving party contends are undisputed. Each of the material facts stated shall be followed by a reference to the supporting evidence. The failure to comply with this requirement of a separate statement may in the court’s discretion constitute a sufficient ground for denying the motion. (2) An opposition to the motion shall be served and filed not less than 20 days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise. The opposition, where appropriate, shall consist of affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken. (3) The opposition papers shall include a separate statement that responds to each of the material facts contended by the moving party to be undisputed, indicating if the opposing party agrees or disagrees that those facts are undisputed. The statement also shall set forth plainly and concisely any other material facts the opposing party contends are disputed. Each material fact contended by the opposing party to be disputed shall be followed by a reference to the supporting evidence. Failure to comply with this requirement of a separate statement may constitute a sufficient ground, in the court’s discretion, for granting the motion. (4) A reply to the opposition shall be served and filed by the moving party not less than 11 days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise. The reply shall not include any new evidentiary matter, additional material facts, or separate statement submitted with the reply and not presented in the moving papers or opposing papers. (5) Evidentiary objections not made at the hearing shall be deemed waived. (6) Except for subdivision (c) of Section 1005 relating to the method of service of opposition and reply papers, Sections 1005 and 1013, extending the time within which a right may be exercised or an act may be done, do not apply to this section. (7) An incorporation by reference of a matter in the court’s file shall set forth with specificity the exact matter to which reference is being made and shall not incorporate the entire file. (c) The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In determining if the papers show that there is no triable issue as to any material fact, the court shall consider all of the evidence set forth in the papers, except the evidence to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence, except summary judgment shall not be granted by the court based on inferences reasonably deducible from the evidence if contradicted by other inferences or evidence that raise a triable issue as to any material fact. (d) Supporting and opposing affidavits or declarations shall be made by a person on personal knowledge, shall set forth admissible evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated in the affidavits or declarations. An objection based on the failure to comply with the requirements of this subdivision, if not made at the hearing, shall be deemed waived. (e) If a party is otherwise entitled to summary judgment pursuant to this section, summary judgment shall not be denied on grounds of credibility or for want of cross-examination of witnesses furnishing affidavits or declarations in support of the summary judgment, except that summary judgment may be denied in the discretion of the court if the only proof of a material fact offered in support of the summary judgment is an affidavit or declaration made by an individual who was the sole witness to that fact; or if a material fact is an individual’s state of mind, or lack thereof, and that fact is sought to be established solely by the individual’s affirmation thereof. (f) (1) A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty. (2) A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a motion for summary judgment. A party shall not move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court unless that party establishes, to the satisfaction of the court, newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion. (g) Upon the denial of a motion for summary judgment on the ground that there is a triable issue as to one or more material facts, the court shall, by written or oral order, specify one or more material facts raised by the motion that the court has determined there exists a triable controversy. This determination shall specifically refer to the evidence proffered in support of and in opposition to the motion that indicates that a triable controversy exists. Upon the grant of a motion for summary judgment on the ground that there is no triable issue of material fact, the court shall, by written or oral order, specify the reasons for its determination. The order shall specifically refer to the evidence proffered in support of and, if applicable, in opposition to the motion that indicates no triable issue exists. The court shall also state its reasons for any other determination. The court shall record its determination by court reporter or written order. (h) If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just. The application to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the date the opposition response to the motion is due. (i) If, after granting a continuance to allow specified additional discovery, the court determines that the party seeking summary judgment has unreasonably failed to allow the discovery to be conducted, the court shall grant a continuance to permit the discovery to go forward or deny the motion for summary judgment or summary adjudication. This section does not affect or limit the ability of a party to compel discovery under the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4). (j) If the court determines at any time that an affidavit was presented in bad faith or solely for the purpose of delay, the court shall order the party who presented the affidavit to pay the other party the amount of the reasonable expenses the filing of the affidavit caused the other party to incur. Sanctions shall not be imposed pursuant to this subdivision except on notice contained in a party’s papers or on the court’s own noticed motion, and after an opportunity to be heard. (k) Unless a separate judgment may properly be awarded in the action, a final judgment shall not be entered on a motion for summary judgment before the termination of the action, but the final judgment shall, in addition to any matters determined in the action, award judgment as established by the summary proceeding provided for in this section. (l) In an action arising out of an injury to the person or to property, if a motion for summary judgment is granted on the basis that the defendant was without fault, no other defendant during trial, over plaintiff’s objection, may attempt to attribute fault to, or comment on, the absence or involvement of the defendant who was granted the motion. (m) (1) A summary judgment entered under this section is an appealable judgment as in other cases. Upon entry of an order pursuant to this section, except the entry of summary judgment, a party may, within 20 days after service upon the party of a written notice of entry of the order, petition an appropriate reviewing court for a peremptory writ. If the notice is served by mail, the initial period within which to file the petition shall be increased by five days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States. If the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the initial period within which to file the petition shall be increased by two court days. The superior court may, for good cause, and before the expiration of the initial period, extend the time for one additional period not to exceed 10 days. (2) Before a reviewing court affirms an order granting summary judgment or summary adjudication on a ground not relied upon by the trial court, the reviewing court shall afford the parties an opportunity to present their views on the issue by submitting supplemental briefs. The supplemental briefs may include an argument that additional evidence relating to that ground exists, but the party has not had an adequate opportunity to present the evidence or to conduct discovery on the issue. The court may reverse or remand based upon the supplemental briefs to allow the parties to present additional evidence or to conduct discovery on the issue. If the court fails to allow supplemental briefs, a rehearing shall be ordered upon timely petition of a party. (n) (1) If a motion for summary adjudication is granted, at the trial of the action, the cause or causes of action within the action, affirmative defense or defenses, claim for damages, or issue or issues of duty as to the motion that has been granted shall be deemed to be established and the action shall proceed as to the cause or causes of action, affirmative defense or defenses, claim for damages, or issue or issues of duty remaining. (2) In the trial of the action, the fact that a motion for summary adjudication is granted as to one or more causes of action, affirmative defenses, claims for damages, or issues of duty within the action shall not bar any cause of action, affirmative defense, claim for damages, or issue of duty as to which summary adjudication was either not sought or denied. (3) In the trial of an action, neither a party, a witness, nor the court shall comment to a jury upon the grant or denial of a motion for summary adjudication. (o) A cause of action has no merit if either of the following exists: (1) One or more of the elements of the cause of action cannot be separately established, even if that element is separately pleaded. (2) A defendant establishes an affirmative defense to that cause of action. (p) For purposes of motions for summary judgment and summary adjudication: (1) A plaintiff or cross-complainant has met that party’s burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The defendant or cross-defendant shall not rely upon the allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to the cause of action or a defense thereto. (2) A defendant or cross-defendant has met that party’s burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross-complainant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The plaintiff or cross-complainant shall not rely upon the allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to the cause of action or a defense thereto. (q) In granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion shall be preserved for appellate review. (r) This section does not extend the period for trial provided by Section 1170.5. (s) Subdivisions (a) and (b) do not apply to actions brought pursuant to Chapter 4 (commencing with Section 1159) of Title 3 of Part 3. (t) Notwithstanding subdivision (f), a party may move for summary adjudication of a legal issue or a claim for damages other than punitive damages that does not completely dispose of a cause of action, affirmative defense, or issue of duty pursuant to this subdivision. (1) (A) Before filing a motion pursuant to this subdivision, the parties whose claims or defenses are put at issue by the motion shall submit to the court both of the following: (i) A joint stipulation stating the issue or issues to be adjudicated. (ii) A declaration from each stipulating party that the motion will further the interest of judicial economy by decreasing trial time or significantly increasing the likelihood of settlement. (B) The joint stipulation shall be served on any party to the civil action who is not also a party to the motion. (2) Within 15 days of receipt of the stipulation and declarations, unless the court has good cause for extending the time, the court shall notify the stipulating parties if the motion may be filed. In making this determination, the court may consider objections by a nonstipulating party made within 10 days of the submission of the stipulation and declarations. (3) If the court elects not to allow the filing of the motion, the stipulating parties may request, and upon request the court shall conduct, an informal conference with the stipulating parties to permit further evaluation of the proposed stipulation. The stipulating parties shall not file additional papers in support of the motion. (4) (A) A motion for summary adjudication made pursuant to this subdivision shall contain a statement in the notice of motion that reads substantially similar to the following: “This motion is made pursuant to subdivision (t) of Section 437c of the Code of Civil Procedure. The parties to this motion stipulate that the court shall hear this motion and that the resolution of this motion will further the interest of judicial economy by decreasing trial time or significantly increasing the likelihood of settlement.” (B) The notice of motion shall be signed by counsel for all parties, and by those parties in propria persona, to the motion. (5) A motion filed pursuant to this subdivision may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a motion for summary judgment. (u) For purposes of this section, a change in law does not include a later enacted statute without retroactive application. (Amended by Stats. 2024, Ch. 99, Sec. 1. (AB 2049) Effective January 1, 2025.)
  48. 438.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 5. Summary Judgments and Motions for Judgment on the Pleadings [437c - 439] ( Heading of Chapter 5 amended by Stats. 1993, Ch. 456, Sec. 4. )

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    This section lets a party move for judgment on the pleadings, and lets the court do so on its own motion, but only on listed grounds and subject to timing and pleading requirements.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 5. Summary Judgments and Motions for Judgment on the Pleadings [437c - 439] ( Heading of Chapter 5 amended by Stats. 1993, Ch. 456, Sec. 4. ) ## 438. (a) As used in this section: (1) “Complaint” includes a cross-complaint. (2) “Plaintiff” includes a cross-complainant. (3) “Defendant” includes a cross-defendant. (b) (1) A party may move for judgment on the pleadings. (2) The court may upon its own motion grant a motion for judgment on the pleadings. (c) (1) The motion provided for in this section may only be made on one of the following grounds: (A) If the moving party is a plaintiff, that the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint. (B) If the moving party is a defendant, that either of the following conditions exist: (i) The court has no jurisdiction of the subject of the cause of action alleged in the complaint. (ii) The complaint does not state facts sufficient to constitute a cause of action against that defendant. (2) The motion provided for in this section may be made as to either of the following: (A) The entire complaint or cross-complaint or as to any of the causes of action stated therein. (B) The entire answer or one or more of the affirmative defenses set forth in the answer. (3) If the court on its own motion grants the motion for judgment on the pleadings, it shall be on one of the following bases: (A) If the motion is granted in favor of the plaintiff, it shall be based on the grounds that the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint. (B) If the motion is granted in favor of the defendant, that either of the following conditions exist: (i) The court has no jurisdiction of the subject of the cause of action alleged in the complaint. (ii) The complaint does not state facts sufficient to constitute a cause of action against that defendant. (d) The grounds for motion provided for in this section shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. Where the motion is based on a matter of which the court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code, the matter shall be specified in the notice of motion, or in the supporting points and authorities, except as the court may otherwise permit. (e) No motion may be made pursuant to this section if a pretrial conference order has been entered pursuant to Section 575, or within 30 days of the date the action is initially set for trial, whichever is later, unless the court otherwise permits. (f) The motion provided for in this section may be made only after one of the following conditions has occurred: (1) If the moving party is a plaintiff, and the defendant has already filed his or her answer to the complaint and the time for the plaintiff to demur to the answer has expired. (2) If the moving party is a defendant, and the defendant has already filed his or her answer to the complaint and the time for the defendant to demur to the complaint has expired. (g) The motion provided for in this section may be made even though either of the following conditions exist: (1) The moving party has already demurred to the complaint or answer, as the case may be, on the same grounds as is the basis for the motion provided for in this section and the demurrer has been overruled, provided that there has been a material change in applicable case law or statute since the ruling on the demurrer. (2) The moving party did not demur to the complaint or answer, as the case may be, on the same grounds as is the basis for the motion provided for in this section. (h) (1) The motion provided for in this section may be granted with or without leave to file an amended complaint or answer, as the case may be. (2) Where a motion is granted pursuant to this section with leave to file an amended complaint or answer, as the case may be, then the court shall grant 30 days to the party against whom the motion was granted to file an amended complaint or answer, as the case may be. (3) If the motion is granted with respect to the entire complaint or answer without leave to file an amended complaint or answer, as the case may be, then judgment shall be entered forthwith in accordance with the motion granting judgment to the moving party. (4) If the motion is granted with leave to file an amended complaint or answer, as the case may be, then the following procedures shall be followed: (A) If an amended complaint is filed after the time to file an amended complaint has expired, then the court may strike the complaint pursuant to Section 436 and enter judgment in favor of that defendant against that plaintiff or a plaintiff. (B) If an amended answer is filed after the time to file an amended answer has expired, then the court may strike the answer pursuant to Section 436 and proceed to enter judgment in favor of that plaintiff and against that defendant or a defendant. (C) Except where subparagraphs (A) and (B) apply, if the motion is granted with respect to the entire complaint or answer with leave to file an amended complaint or answer, as the case may be, but an amended complaint or answer is not filed, then after the time to file an amended complaint or answer, as the case may be, has expired, judgment shall be entered forthwith in favor of the moving party. (i) (1) Where a motion for judgment on the pleadings is granted with leave to amend, the court shall not enter a judgment in favor of a party until the following proceedings are had: (A) If an amended pleading is filed and the moving party contends that pleading is filed after the time to file an amended pleading has expired or that the pleading is in violation of the court’s prior ruling on the motion, then that party shall move to strike the pleading and enter judgment in its favor. (B) If no amended pleading is filed, then the party shall move for entry of judgment in its favor. (2) All motions made pursuant to this subdivision shall be made pursuant to Section 1010. (3) At the hearing on the motion provided for in this subdivision, the court shall determine whether to enter judgment in favor of a particular party. (Amended by Stats. 1994, Ch. 493, Sec. 2. Effective September 12, 1994.)
  49. 439.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 5. Summary Judgments and Motions for Judgment on the Pleadings [437c - 439] ( Heading of Chapter 5 amended by Stats. 1993, Ch. 456, Sec. 4. )

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    Before filing a motion for judgment on the pleadings, the moving party must meet and confer with the other side and file the required declaration; some cases are exempt, and failing to meet and confer on time can trigger a 30-day extension.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 5. Summary Judgments and Motions for Judgment on the Pleadings [437c - 439] ( Heading of Chapter 5 amended by Stats. 1993, Ch. 456, Sec. 4. ) ## 439. (a) Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person, by telephone, or by video conference with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings. If an amended pleading is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a motion for judgment on the pleadings against the amended pleading. (1) As part of the meet and confer process, the moving party shall identify all of the specific allegations that it believes are subject to judgment and identify with legal support the basis of the claims. The party who filed the pleading shall provide legal support for its position that the pleading is not subject to judgment, or, in the alternative, how the pleading could be amended to cure any claims it is subject to judgment. (2) The parties shall meet and confer at least 5 days before the date a motion for judgment on the pleadings is filed. If the parties are unable to meet and confer by that time, the moving party shall be granted an automatic 30-day extension of time within which to file a motion for judgment on the pleadings, by filing and serving, on or before the date a motion for judgment on the pleadings must be filed, a declaration stating under penalty of perjury that a good faith attempt to meet and confer was made and explaining the reasons why the parties could not meet and confer. The 30-day extension shall commence from the date the motion for judgment on the pleadings was previously filed, and the moving party shall not be subject to default during the period of the extension. Any further extensions shall be obtained by court order upon a showing of good cause. (3) The moving party shall file and serve with the motion for judgment on the pleadings a declaration stating either of the following: (A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion for judgment on the pleadings, and that the parties did not reach an agreement resolving the claims raised by the motion for judgment on the pleadings. (B) That the party who filed the pleading subject to the motion for judgment on the pleadings failed to respond to the meet and confer request of the moving party or otherwise failed to meet and confer in good faith. (4) A determination by the court that the meet and confer process was insufficient shall not be grounds to grant or deny the motion for judgment on the pleadings. (b) A party moving for judgment on a pleading that has been amended after a motion for judgment on the pleadings on an earlier version of the pleading was granted shall not move for judgment on any portion of the pleadings on grounds that could have been raised by a motion for judgment on the pleadings as to the earlier version of the pleading. (c) (1) If a court grants a motion for judgment on the pleadings and grants leave to amend, the court may order a conference of the parties before an amended pleading, or a motion for judgment on an amended pleading, may be filed. If the conference is held, the court shall not preclude a party from filing a motion for judgment on the pleadings and the time to file a motion for judgment on the pleadings shall not begin until after the conference has concluded. (2) This section does not prohibit the court from ordering a conference on its own motion at any time or prevent a party from requesting that the court order that a conference be held. (d) This section does not apply to any of the following: (1) An action in which a party not represented by counsel is incarcerated in a local, state, or federal correctional institution. (2) A proceeding in forcible entry, forcible detainer, or unlawful detainer. (3) A special motion brought pursuant to Section 425.16. (4) A motion brought less than 30 days before trial. (e) (1) In response to a motion for judgment on the pleadings and before the case is at issue, a pleading shall not be amended more than three times, absent an offer to the trial court of additional facts to be pleaded that, if pleaded, would result in a reasonable possibility that the defect can be cured. The three-amendment limit does not include an amendment made without leave of the court pursuant to Section 472, if the amendment is made before a motion for judgments on the pleadings as to the original pleading is filed. (2) This section does not affect the rights of a party to amend its pleading or respond to an amended pleading after the case is at issue. (f) This section does not affect appellate review or the rights of a party pursuant to Section 430.80. (g) If a motion for judgment on the pleadings is denied and the pleading is not further amended, the moving party preserves its right to appeal after final judgment without filing a further motion for judgment on the pleadings. (Amended by Stats. 2023, Ch. 478, Sec. 11. (AB 1756) Effective January 1, 2024.)
  50. 44.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Supreme Court [41 - 46] ( Chapter 3 added by Code Amendments 1880, Ch. 35. )

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    Certain probate appeals, contested election cases, and specified libel or slander actions must be heard with preference in the courts of appeal, and in the Supreme Court if transferred there.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Supreme Court [41 - 46] ( Chapter 3 added by Code Amendments 1880, Ch. 35. ) ## 44. Appeals in probate proceedings, in contested election cases, and in actions for libel or slander by a person who holds any elective public office or a candidate for any such office alleged to have occurred during the course of an election campaign shall be given preference in hearing in the courts of appeal, and in the Supreme Court when transferred thereto. All these cases shall be placed on the calendar in the order of their date of issue, next after cases in which the people of the state are parties. (Amended by Stats. 1982, Ch. 1642, Sec. 1. Operative June 6, 1984, pursuant to Sec. 3 of Ch. 1642.)
  51. 446.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 6. Verification of Pleadings [446- 446.] ( Chapter 6 enacted 1872. )

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    Pleadings must generally be subscribed by the party or attorney, and some answers must be verified unless a listed exception applies.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 6. Verification of Pleadings [446- 446.] ( Chapter 6 enacted 1872. ) ## 446. (a) Every pleading shall be subscribed by the party or his or her attorney. When the state, any county thereof, city, school district, district, public agency, or public corporation, or any officer of the state, or of any county thereof, city, school district, district, public agency, or public corporation, in his or her official capacity, is plaintiff, the answer shall be verified, unless an admission of the truth of the complaint might subject the party to a criminal prosecution, or, unless a county thereof, city, school district, district, public agency, or public corporation, or an officer of the state, or of any county, city, school district, district, public agency, or public corporation, in his or her official capacity, is defendant. When the complaint is verified, the answer shall be verified. In all cases of a verification of a pleading, the affidavit of the party shall state that the same is true of his own knowledge, except as to the matters which are therein stated on his or her information or belief, and as to those matters that he or she believes it to be true; and where a pleading is verified, it shall be by the affidavit of a party, unless the parties are absent from the county where the attorney has his or her office, or from some cause unable to verify it, or the facts are within the knowledge of his or her attorney or other person verifying the same. When the pleading is verified by the attorney, or any other person except one of the parties, he or she shall set forth in the affidavit the reasons why it is not made by one of the parties. When a corporation is a party, the verification may be made by any officer thereof. When the state, any county thereof, city, school district, district, public agency, or public corporation, or an officer of the state, or of any county thereof, city, school district, district, public agency, or public corporation, in his or her official capacity is plaintiff, the complaint need not be verified; and if the state, any county thereof, city, school district, district, public agency, or public corporation, or an officer of such state, county, city, school district, district, public agency, or public corporation, in his or her official capacity is defendant, its or his or her answer need not be verified. When the verification is made by the attorney for the reason that the parties are absent from the county where he or she has his or her office, or from some other cause are unable to verify it, or when the verification is made on behalf of a corporation or public agency by any officer thereof, the attorney’s or officer’s affidavit shall state that he or she has read the pleading and that he or she is informed and believes the matters therein to be true and on that ground alleges that the matters stated therein are true. However, in those cases the pleadings shall not otherwise be considered as an affidavit or declaration establishing the facts therein alleged. A person verifying a pleading need not swear to the truth or his or her belief in the truth of the matters stated therein but may, instead, assert the truth or his or her belief in the truth of those matters “under penalty of perjury.” (b) This section shall become operative on January 1, 1999, unless a statute that becomes effective on or before this date extends or deletes the repeal date of Section 446, as amended by Assembly Bill 3594 of the 1993–94 Regular Session. (Repealed (in Sec. 4) and added by Stats. 1994, Ch. 1062, Sec. 5. Effective January 1, 1995. Section operative January 1, 1999, by its own provisions.)
  52. 45.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Supreme Court [41 - 46] ( Chapter 3 added by Code Amendments 1880, Ch. 35. )

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    Appeals in these custody-freeing cases take priority, and the appellate court may grant extra time to a reporter or counsel only on an exceptional showing of good cause.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Supreme Court [41 - 46] ( Chapter 3 added by Code Amendments 1880, Ch. 35. ) ## 45. An appeal from a judgment freeing a minor who is a dependent child of the juvenile court from parental custody and control, or denying a recommendation to free a minor from parental custody or control, shall have precedence over all cases in the court to which an appeal in the matter is taken. In order to enable the child to be available for adoption as soon as possible and to minimize the anxiety to all parties, the appellate court shall grant an extension of time to a court reporter or to counsel only upon an exceptional showing of good cause. (Amended by Stats. 1997, Ch. 510, Sec. 1. Effective January 1, 1998.)
  53. 452.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 7. General Rules of Pleading [452 - 465] ( Chapter 7 enacted 1872. )

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    When interpreting a pleading, its allegations must be read liberally to promote substantial justice between the parties.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 7. General Rules of Pleading [452 - 465] ( Chapter 7 enacted 1872. ) ## 452. In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties. (Enacted 1872.)
  54. 454.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 7. General Rules of Pleading [452 - 465] ( Chapter 7 enacted 1872. )

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    A party who is demanded in writing must provide a copy of the account within 10 days, and a verified pleading may require the account to be verified by affidavit.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 7. General Rules of Pleading [452 - 465] ( Chapter 7 enacted 1872. ) ## 454. It is not necessary for a party to set forth in a pleading the items of an account therein alleged, but he must deliver to the adverse party, within ten days after a demand thereof in writing, a copy of the account, or be precluded from giving evidence thereof. The court or judge thereof may order a further account when the one delivered is too general, or is defective in any particular. If the pleading is verified the account must be verified by the affidavit of the party to the effect that he believes it to be true; or if the facts are within the personal knowledge of the agent or attorney for the party, or the party is not within the county where the attorney has his office or from some cause unable to make the affidavit, by the affidavit of the agent or attorney. (Amended by Stats. 1939, Ch. 63.)
  55. 455.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 7. General Rules of Pleading [452 - 465] ( Chapter 7 enacted 1872. )

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    In an action to recover real property, the complaint must describe the property clearly enough for an officer to identify it when executing the judgment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 7. General Rules of Pleading [452 - 465] ( Chapter 7 enacted 1872. ) ## 455. In an action for the recovery of real property, it must be described in the complaint with such certainty as to enable an officer, upon execution, to identify it. (Enacted 1872.)
  56. 456.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 7. General Rules of Pleading [452 - 465] ( Chapter 7 enacted 1872. )

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    When pleading a judgment or similar determination, it is not necessary to state the jurisdiction facts, but if that point is challenged the pleading party must prove those facts at trial.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 7. General Rules of Pleading [452 - 465] ( Chapter 7 enacted 1872. ) ## 456. In pleading a judgment or other determination of a court, officer, or board, it is not necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made and to have become final. If such allegation be controverted, the party pleading must establish on the trial the facts conferring jurisdiction and creating finality. (Amended by Stats. 1957, Ch. 1365.)
  57. 457.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 7. General Rules of Pleading [452 - 465] ( Chapter 7 enacted 1872. )

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    When pleading performance of conditions precedent in a contract, a party may state generally that the conditions were performed. If that allegation is contested, the pleading party must prove the facts of performance at trial.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 7. General Rules of Pleading [452 - 465] ( Chapter 7 enacted 1872. ) ## 457. In pleading the performance of conditions precedent in a contract, it is not necessary to state the facts showing such performance, but it may be stated generally that the party duly performed all the conditions on his part, and if such allegation be controverted, the party pleading must establish, on the trial, the facts showing such performance. (Enacted 1872.)
  58. 458.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 7. General Rules of Pleading [452 - 465] ( Chapter 7 enacted 1872. )

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    A party pleading the Statute of Limitations may generally allege that the claim is barred by a specified section, but if that allegation is disputed, the party must prove the facts showing the claim is barred at trial.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 7. General Rules of Pleading [452 - 465] ( Chapter 7 enacted 1872. ) ## 458. In pleading the Statute of Limitations it is not necessary to state the facts showing the defense, but it may be stated generally that the cause of action is barred by the provisions of Section ____ (giving the number of the section and subdivision thereof, if it is so divided, relied upon) of The Code of Civil Procedure; and if such allegation be controverted, the party pleading must establish, on the trial, the facts showing that the cause of action is so barred. (Enacted 1872.)
  59. 459.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 7. General Rules of Pleading [452 - 465] ( Chapter 7 enacted 1872. )

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    In certain pleadings, a private statute or local ordinance may be identified by title and passage day, and performance of conditions precedent may be stated generally; if disputed, the pleading party must prove the performance facts at trial.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 7. General Rules of Pleading [452 - 465] ( Chapter 7 enacted 1872. ) ## 459. In pleading a private statute, or an ordinance of a county or municipal corporation, or a right derived therefrom, it is sufficient to refer to such statute or ordinance by its title and the day of its passage. In pleading the performance of conditions precedent under a statute or an ordinance of a county or municipal corporation, or of a right derived therefrom, it is not necessary to state the facts showing such performance, but it may be stated generally that the party duly performed all the conditions on his part required thereby; if such allegations be controverted the party pleading must establish on the trial the facts showing such performance. (Amended by Stats. 1907, Ch. 372.)
  60. 46.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Supreme Court [41 - 46] ( Chapter 3 added by Code Amendments 1880, Ch. 35. )

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    Appeals in actions under Section 1094.9 must be scheduled with preference for hearing in the courts of appeal and the Supreme Court.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Supreme Court [41 - 46] ( Chapter 3 added by Code Amendments 1880, Ch. 35. ) ## 46. Appeals in actions brought under Section 1094.9 shall be given preference in scheduling for hearing in the courts of appeal, and in the Supreme Court. (Added by Stats. 2025, Ch. 527, Sec. 1. (SB 808) Effective January 1, 2026.)
  61. 460.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 7. General Rules of Pleading [452 - 465] ( Chapter 7 enacted 1872. )

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    In a libel or slander action, the complaint does not need extrinsic facts, but if the allegation is disputed the plaintiff must prove at trial that the matter was published or spoken about the plaintiff.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 7. General Rules of Pleading [452 - 465] ( Chapter 7 enacted 1872. ) ## 460. In an action for libel or slander it is not necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose; but it is sufficient to state, generally, that the same was published or spoken concerning the plaintiff; and if such allegation be controverted, the plaintiff must establish on the trial that it was so published or spoken. (Enacted 1872.)
  62. 460.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 7. General Rules of Pleading [452 - 465] ( Chapter 7 enacted 1872. )

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    In libel or slander actions, the court may shorten the defendant’s response time, and the case must be handled on an expedited basis.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 7. General Rules of Pleading [452 - 465] ( Chapter 7 enacted 1872. ) ## 460.5. (a) In any action for libel or slander, for good cause shown upon ex parte written application, the court may order that the time to respond to the complaint is 20 days after the service of summons on the defendant. The application shall be supported by an affidavit stating facts showing, among other things, that the alleged defamatory matter has been continuously published and that there is a reasonable likelihood that the publication will continue. The order shall direct the clerk to endorse the summons to show that the time to respond has been shortened pursuant to this section. A copy of the application, affidavit, and order shall be served with the summons. (b) In any such action, unless otherwise ordered by the court for good cause shown, the time allowed the defendant to respond to the complaint or amend the answer under Section 586 shall not exceed 10 days. (c) The court shall give any such action precedence over all other civil actions, except actions to which special precedence is given by law, in the matter of the setting the case for hearing or trial, and in hearing the case, to the end that all such actions shall be quickly heard and determined. Except for good cause shown, the court shall not grant a continuance in excess of 10 days without the consent of the adverse party. (d) For purposes of this section, “continuously published” means three or more publications within 15 days. (Added by Stats. 1972, Ch. 594.)
  63. 460.7.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 7. General Rules of Pleading [452 - 465] ( Chapter 7 enacted 1872. )

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    In certain election-campaign libel or slander cases, the court must shorten response deadlines and give the case priority.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 7. General Rules of Pleading [452 - 465] ( Chapter 7 enacted 1872. ) ## 460.7. (a) In any action by a candidate or former candidate for elective public office against a holder of elective public office or an opposing candidate for libel or slander that is alleged to have occurred during the course of an election campaign, the court shall order that the time to respond to the complaint is 20 days after the service of summons on the defendant. The order shall direct the clerk to endorse the summons to show that the time to respond has been shortened pursuant to this section. A copy of the affidavit and order shall be served with the summons. (b) In any action described in subdivision (a), unless otherwise ordered by the court for good cause shown, the time allowed the defendant to respond to the complaint or amend the answer under Section 586 shall not exceed 10 days. (c) The court shall give any action described in subdivision (a) precedence over all other civil actions, except actions to which special precedence is given by law, in the matter of the setting of the case of hearing or trial, and in hearing the case, to the end that all actions described in subdivision (a) shall be quickly heard and determined. Except for good cause shown, the court shall not grant a continuance in excess of 10 days without the consent of the adverse party. (Amended by Stats. 2006, Ch. 538, Sec. 64. Effective January 1, 2007.)
  64. 461.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 7. General Rules of Pleading [452 - 465] ( Chapter 7 enacted 1872. )

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    In certain defamation-related actions, the defendant may plead the truth and any mitigating circumstances, and may also present mitigating circumstances as evidence even if justification is not proven.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 7. General Rules of Pleading [452 - 465] ( Chapter 7 enacted 1872. ) ## 461. In any action within Section 460 or 460.5, the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances, to reduce the amount of damages. Whether he proves the justification or not, he may give in evidence the mitigating circumstances. (Amended by Stats. 1972, Ch. 594.)
  65. 464.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 7. General Rules of Pleading [452 - 465] ( Chapter 7 enacted 1872. )

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    This section allows supplemental complaints or answers in some cases, lets certain parties file supplemental complaints for paternity or child support, and requires the court clerk to issue a new or supplemental summons after a supplemental complaint is filed.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 7. General Rules of Pleading [452 - 465] ( Chapter 7 enacted 1872. ) ## 464. (a) The plaintiff and defendant, respectively, may be allowed, on motion, to make a supplemental complaint or answer, alleging facts material to the case occurring after the former complaint or answer. (b) The plaintiff and defendant, or petitioner and respondent, may, in any action in which the support of children is an issue, file a supplemental complaint seeking a judgment or order of paternity or support for a child of the mother and father of the child whose paternity and support are already in issue before the court. A supplemental complaint for paternity or child support may be filed without leave of court either before or after final judgment in the underlying action. (c) Upon the filing of a supplemental complaint, the court clerk shall issue an amended or supplemental summons pursuant to Section 412.10. Service of the supplemental summons and complaint shall be made in the manner provided for the initial service of a summons by this code. (Amended by Stats. 1994, Ch. 1269, Sec. 2.8. Effective January 1, 1995.)
  66. 465.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 7. General Rules of Pleading [452 - 465] ( Chapter 7 enacted 1872. )

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    Later pleadings must be filed with the clerk or judge and served on the adverse party or that party’s attorney, unless the court gives leave.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 7. General Rules of Pleading [452 - 465] ( Chapter 7 enacted 1872. ) ## 465. Except with leave of the court, all pleadings subsequent to the complaint, together with proof of service unless a summons need be issued, shall be filed with the clerk or judge, and copies thereof served upon the adverse party or his or her attorney. (Amended by Stats. 1986, Ch. 953, Sec. 3.)
  67. 469.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 8. Variance—Mistakes in Pleadings and Amendments [469 - 475] ( Chapter 8 enacted 1872. )

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    A pleading-error mismatch is not material unless it actually misled the other party to their prejudice; if a party was misled, the court may allow amendment on just terms.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 8. Variance—Mistakes in Pleadings and Amendments [469 - 475] ( Chapter 8 enacted 1872. ) ## 469. Variance between the allegation in a pleading and the proof shall not be deemed material, unless it has actually misled the adverse party to his or her prejudice in maintaining his or her action or defense upon the merits. If it appears that a party has been so misled, the court may order the pleading to be amended, upon such terms as may be just. (Amended by Stats. 2017, Ch. 561, Sec. 22. (AB 1516) Effective January 1, 2018.)
  68. 470.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 8. Variance—Mistakes in Pleadings and Amendments [469 - 475] ( Chapter 8 enacted 1872. )

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    If a variance is not material, the court may treat the fact as proved by the evidence or allow an immediate amendment, without costs.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 8. Variance—Mistakes in Pleadings and Amendments [469 - 475] ( Chapter 8 enacted 1872. ) ## 470. Where the variance is not material, as provided in Section 469 the court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs. (Amended by Stats. 1986, Ch. 540, Sec. 4.)
  69. 471.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 8. Variance—Mistakes in Pleadings and Amendments [469 - 475] ( Chapter 8 enacted 1872. )

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    If a claim or defense is unproved in its overall meaning, the issue is treated as a failure of proof, not a variance.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 8. Variance—Mistakes in Pleadings and Amendments [469 - 475] ( Chapter 8 enacted 1872. ) ## 471. Where, however, the allegation of the claim or defense to which the proof is directed, is unproved, not in some particular or particulars only, but in its general scope and meaning, it is not to be deemed a case of variance, within the meaning of Sections 469 and 470, but a failure of proof. (Amended by Stats. 1986, Ch. 540, Sec. 5.)
  70. 471.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 8. Variance—Mistakes in Pleadings and Amendments [469 - 475] ( Chapter 8 enacted 1872. )

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    If a pleading is amended, a copy must be filed and served, and the opposing party must respond within the stated time periods unless the court sets a different time.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 8. Variance—Mistakes in Pleadings and Amendments [469 - 475] ( Chapter 8 enacted 1872. ) ## 471.5. (a) If the complaint is amended, a copy of the amendments shall be filed, or the court may, in its discretion, require the complaint as amended to be filed, and a copy of the amendments or amended complaint must be served upon the defendants affected thereby. The defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases. For the purposes of this subdivision, “complaint” includes a cross-complaint, and “defendant” includes a person against whom a cross-complaint is filed. (b) If the answer is amended, the adverse party has 10 days after service thereof, or such other time as the court may direct, in which to demur to the amended answer. (Repealed and added by Stats. 1972, Ch. 73.)
  71. 472.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 8. Variance—Mistakes in Pleadings and Amendments [469 - 475] ( Chapter 8 enacted 1872. )

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    A party may amend a pleading once without court permission before an answer, demurrer, or motion to strike is filed, and in some later situations if the amended pleading is timely filed and served. The section does not apply to special motions under Section 425.16.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 8. Variance—Mistakes in Pleadings and Amendments [469 - 475] ( Chapter 8 enacted 1872. ) ## 472. (a) A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike. A party may amend the pleading after the date for filing an opposition to the demurrer or motion to strike, upon stipulation by the parties. The time for responding to an amended pleading shall be computed from the date of service of the amended pleading. (b) This section shall not apply to a special motion brought pursuant to Section 425.16. (Amended (as amended by Stats. 2017, Ch. 273, Sec. 3) by Stats. 2020, Ch. 36, Sec. 19. (AB 3364) Effective January 1, 2021.)
  72. 472a

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 8. Variance—Mistakes in Pleadings and Amendments [469 - 475] ( Chapter 8 enacted 1872. )

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    This section says a demurrer is not waived by filing an answer at the same time, and it directs the court what to do after certain demurrers or motions are overruled, sustained, stricken, or denied.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 8. Variance—Mistakes in Pleadings and Amendments [469 - 475] ( Chapter 8 enacted 1872. ) ## 472a. (a) A demurrer is not waived by an answer filed at the same time. (b) Except as otherwise provided by rule adopted by the Judicial Council, if a demurrer to a complaint or to a cross-complaint is overruled and there is no answer filed, the court shall allow an answer to be filed upon such terms as may be just. If a demurrer to the answer is overruled, the action shall proceed as if no demurrer had been interposed, and the facts alleged in the answer shall be considered as denied to the extent mentioned in Section 431.20. (c) Subject to the limitations imposed by subdivision (e) of Section 430.41, if a demurrer is sustained, the court may grant leave to amend the pleading upon any terms as may be just and shall fix the time within which the amendment or amended pleading shall be filed. If a demurrer is stricken pursuant to Section 436 and there is no answer filed, the court shall allow an answer to be filed on terms that are just. (d) If a motion to strike is granted pursuant to Section 436, the court may order that an amendment or amended pleading be filed upon terms it deems proper. If a motion to strike a complaint or cross-complaint, or portion thereof, is denied, the court shall allow the party filing the motion to strike to file an answer. (e) If a motion to dismiss an action pursuant to Article 2 (commencing with Section 583.210) of Chapter 1.5 of Title 8 is denied, the court shall allow a pleading to be filed. (Amended (as amended by Stats. 2015, Ch. 418, Sec. 4) by Stats. 2020, Ch. 36, Sec. 20. (AB 3364) Effective January 1, 2021.)
  73. 472b

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 8. Variance—Mistakes in Pleadings and Amendments [469 - 475] ( Chapter 8 enacted 1872. )

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    If a demurrer decision gives time to amend or answer, that time runs from service of notice unless the notice is waived in open court and the waiver is entered in the minutes. If an order sustaining a demurrer without leave to amend is reversed or remanded, any amended complaint must be filed within 30 days after the clerk mails notice of the remittitur.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 8. Variance—Mistakes in Pleadings and Amendments [469 - 475] ( Chapter 8 enacted 1872. ) ## 472b. When a demurrer to any pleading is sustained or overruled, and time to amend or answer is given, the time so given runs from the service of notice of the decision or order, unless the notice is waived in open court, and the waiver entered in the minutes. When an order sustaining a demurrer without leave to amend is reversed or otherwise remanded by any order issued by a reviewing court, any amended complaint shall be filed within 30 days after the clerk of the reviewing court mails notice of the issuance of the remittitur. (Amended by Stats. 2001, Ch. 44, Sec. 3. Effective January 1, 2002.)
  74. 472c

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 8. Variance—Mistakes in Pleadings and Amendments [469 - 475] ( Chapter 8 enacted 1872. )

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    This section says certain demurrer and motion-to-strike orders can be challenged on appeal, and a party aggrieved by those orders may raise them as error in an appeal from the final judgment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 8. Variance—Mistakes in Pleadings and Amendments [469 - 475] ( Chapter 8 enacted 1872. ) ## 472c. (a) When any court makes an order sustaining a demurrer without leave to amend the question as to whether or not such court abused its discretion in making such an order is open on appeal even though no request to amend such pleading was made. (b) The following orders shall be deemed open on appeal where an amended pleading is filed after the court’s order: (1) An order sustaining a demurrer to a cause of action within a complaint or cross-complaint where the order did not sustain the demurrer as to the entire complaint or cross-complaint. (2) An order sustaining a demurrer to an affirmative defense within an answer where the order sustaining the demurrer did not sustain the demurrer as to the entire answer. (3) An order granting a motion to strike a portion of a pleading where the order granting the motion to strike did not strike the entire pleading. (c) As used in this section, “open on appeal” means that a party aggrieved by an order listed in subdivision (b) may claim the order as error in an appeal from the final judgment in the action. (Amended by Stats. 1993, Ch. 456, Sec. 7. Effective January 1, 1994.)
  75. 472d

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 8. Variance—Mistakes in Pleadings and Amendments [469 - 475] ( Chapter 8 enacted 1872. )

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    If a demurrer is sustained, the court must state the specific grounds in its decision or order; the affected party may waive that requirement.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 8. Variance—Mistakes in Pleadings and Amendments [469 - 475] ( Chapter 8 enacted 1872. ) ## 472d. Whenever a demurrer in any action or proceeding is sustained, the court shall include in its decision or order a statement of the specific ground or grounds upon which the decision or order is based which may be by reference to appropriate pages and paragraphs of the demurrer. The party against whom a demurrer has been sustained may waive these requirements. (Added by Stats. 1961, Ch. 727.)
  76. 473.1.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 8. Variance—Mistakes in Pleadings and Amendments [469 - 475] ( Chapter 8 enacted 1872. )

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    A court may relieve a party from a judgment, order, or other proceeding in specified cases, but the party must apply within the stated time limits.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 8. Variance—Mistakes in Pleadings and Amendments [469 - 475] ( Chapter 8 enacted 1872. ) ## 473.1. The court may, upon such terms as may be just, relieve a party from a judgment, order, or other proceeding taken against him or her, including dismissal of an action pursuant to Section 581 or Chapter 1.5 (commencing with Section 583.110) of Title 8, where a court of this state has assumed jurisdiction, pursuant to Section 6180 or 6190 of the Business and Professions Code, over the law practice of the attorney for the party and the judgment, order or other proceeding was taken against the party after the application for the court to assume jurisdiction over the practice was filed. Application for this relief shall be made within a reasonable period of time, in no case exceeding six months, after the court takes jurisdiction over the practice. However, in the case of a judgment, order, or other proceeding determining the ownership or right to possession of real or personal property, without extending the six-month period, when a notice in writing is personally served within the state both upon the party against whom the judgment, order, or other proceeding has been taken, and upon the attorney appointed pursuant to Section 6180.5 of the Business and Professions Code to act under the court’s direction, notifying the party and the appointed attorney that the order, judgment, or other proceeding was taken against him or her and that any rights the party has to apply for relief under the provisions of the section shall expire 90 days after service of notice, then application for relief must be made within 90 days after service of the notice upon the defaulting party or the attorney appointed to act under the court’s direction pursuant to Section 6180.5 of the Business and Professions Code, whichever service is later. No affidavit or declaration of merits shall be required of the moving party. (Amended by Stats. 1993, Ch. 589, Sec. 25. Effective January 1, 1994.)
  77. 473.2.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 8. Variance—Mistakes in Pleadings and Amendments [469 - 475] ( Chapter 8 enacted 1872. )

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    A party not served with a summons and complaint may ask the court to set aside a default or default judgment and seek leave to defend or move for dismissal.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 8. Variance—Mistakes in Pleadings and Amendments [469 - 475] ( Chapter 8 enacted 1872. ) ## 473.2. (a) A party that was not served with a summons and complaint in accordance with this chapter may file and serve a motion to set aside or vacate the default or default judgment and for leave to defend the action or to move for dismissal. (b) (1) A party moving to set aside or vacate a default or a default judgment pursuant to subdivision (a) shall proffer evidence, through a sworn affidavit or otherwise, that service was not lawfully effected. Proffering evidence that service was not lawfully effected rebuts a presumption of the facts stated in the process server’s return. (2) If a process server files their return before the operative date of this section, the absence of the photograph required by Section 417.10 shall not by itself render the proof of service unlawful or insufficient. (c) In responding to a motion that is filed pursuant to this section and that complies with subdivision (b), the party seeking a default or default judgment has the burden of proving by a preponderance of the evidence that service of the summons and complaint was lawful. (d) In deciding a motion filed pursuant to subdivision (a), the court shall take evidence as to the lawfulness of the service of process and shall not deny a reasonable request by either party to conduct a hearing and permit oral testimony. (e) This section does not limit any other remedies available under law. (f) This section shall become operative on January 1, 2027. (Added by Stats. 2025, Ch. 563, Sec. 14. (AB 747) Effective January 1, 2026. Operative January 1, 2027, by its own provisions.)
  78. 474.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 8. Variance—Mistakes in Pleadings and Amendments [469 - 475] ( Chapter 8 enacted 1872. )

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    If the plaintiff does not know a defendant’s name, the complaint or affidavit must say so, and later service records must identify the fictitious name and notice given; default judgment is blocked unless the required notice was shown.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 8. Variance—Mistakes in Pleadings and Amendments [469 - 475] ( Chapter 8 enacted 1872. ) ## 474. When the plaintiff is ignorant of the name of a defendant, he must state that fact in the complaint, or the affidavit if the action is commenced by affidavit, and such defendant may be designated in any pleading or proceeding by any name, and when his true name is discovered, the pleading or proceeding must be amended accordingly; provided, that no default or default judgment shall be entered against a defendant so designated, unless it appears that the copy of the summons or other process, or, if there be no summons or process, the copy of the first pleading or notice served upon such defendant bore on the face thereof a notice stating in substance: “To the person served: You are hereby served in the within action (or proceedings) as (or on behalf of) the person sued under the fictitious name of (designating it).” The certificate or affidavit of service must state the fictitious name under which such defendant was served and the fact that notice of identity was given by endorsement upon the document served as required by this section. The foregoing requirements for entry of a default or default judgment shall be applicable only as to fictitious names designated pursuant to this section and not in the event the plaintiff has sued the defendant by an erroneous name and shall not be applicable to entry of a default or default judgment based upon service, in the manner otherwise provided by law, of an amended pleading, process or notice designating defendant by his true name. (Amended by Stats. 1955, Ch. 886.)
  79. 475.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 8. Variance—Mistakes in Pleadings and Amendments [469 - 475] ( Chapter 8 enacted 1872. )

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    The court must ignore nonprejudicial errors or defects in pleadings and proceedings.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 8. Variance—Mistakes in Pleadings and Amendments [469 - 475] ( Chapter 8 enacted 1872. ) ## 475. The court must, in every stage of an action, disregard any error, improper ruling, instruction, or defect, in the pleadings or proceedings which, in the opinion of said court, does not affect the substantial rights of the parties. No judgment, decision, or decree shall be reversed or affected by reason of any error, ruling, instruction, or defect, unless it shall appear from the record that such error, ruling, instruction, or defect was prejudicial, and also that by reason of such error, ruling, instruction, or defect, the said party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error, ruling, instruction, or defect had not occurred or existed. There shall be no presumption that error is prejudicial, or that injury was done if error is shown. (Amended by Stats. 1897, Ch. 47.)
  80. 481.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

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    The chapter’s definitions control how this title is read, unless the provision or context requires otherwise.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 481.010. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this title. (Added by Stats. 1974, Ch. 1516.)
  81. 481.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

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    This section defines “account debtor” by reference to the Commercial Code.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 481.020. “Account debtor” means “account debtor” as defined in paragraph (3) of subdivision (a) of Section 9102 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 11.5. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  82. 481.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

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    “Account receivable” is defined to mean “account” under the referenced Commercial Code provision.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 481.030. “Account receivable” means “account” as defined in paragraph (2) of subdivision (a) of Section 9102 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 12. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  83. 481.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

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    This section defines “chattel paper” by referring to its definition in the Commercial Code.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 481.040. “Chattel paper” means “chattel paper” as defined in paragraph (11) of subdivision (a) of Section 9102 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 12.1. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  84. 481.055.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

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    “Costs” is defined to include costs and disbursements, such as statutory fees, charges, commissions, and expenses.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 481.055. “Costs” means costs and disbursements, including, but not limited to, statutory fees, charges, commissions, and expenses. (Added by Stats. 1982, Ch. 1198, Sec. 5. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  85. 481.060.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

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    For this chapter, “complaint” includes a cross-complaint.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 481.060. “Complaint” includes a cross-complaint. (Added by Stats. 1974, Ch. 1516.)
  86. 481.070.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

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    In this chapter, “defendant” includes a cross-defendant.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 481.070. “Defendant” includes a cross-defendant. (Added by Stats. 1974, Ch. 1516.)
  87. 481.080.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

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    This section defines “deposit account” by reference to the Commercial Code.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 481.080. “Deposit account” means “deposit account” as defined in paragraph (29) of subdivision (a) of Section 9102 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 12.2. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  88. 481.090.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

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    This section defines “document of title” and says when such a document is negotiable.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 481.090. “Document of title” means “document” as defined in paragraph (30) of subdivision (a) of Section 9102 of the Commercial Code. A document of title is negotiable if it is negotiable within the meaning of Section 7104 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 12.3. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  89. 481.100.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

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    “Equipment” means certain tangible personal property used in the defendant’s trade, business, or profession, so long as it is not inventory or farm products.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 481.100. “Equipment” means tangible personal property in the possession of the defendant and used or bought for use primarily in the defendant’s trade, business, or profession if it is not included in the definitions of inventory or farm products. (Added by Stats. 1974, Ch. 1516.)
  90. 481.110.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

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    This section defines “farm products” and says tangible personal property that qualifies as a farm product is not equipment or inventory.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 481.110. “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, milk, and eggs), while in the possession of a defendant engaged in raising, fattening, grazing, or other farming operations. If tangible personal property is a farm product, it is neither equipment nor inventory. (Amended by Stats. 1982, Ch. 1198, Sec. 8. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  91. 481.113.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

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    This section defines “financial institution.”

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 481.113. “Financial institution” means a state or national bank, state or federal savings and loan association or credit union, or like organization, and includes a corporation engaged in a safe deposit business. (Added by Stats. 1982, Ch. 1198, Sec. 9. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  92. 481.115.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

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    This section defines “general intangibles” as the version of that term in Commercial Code section 9102, limited to rights to payment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 481.115. “General intangibles” means “general intangibles,” as defined in paragraph (42) of subdivision (a) of Section 9102 of the Commercial Code, consisting of rights to payment. (Amended by Stats. 1999, Ch. 991, Sec. 13. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  93. 481.117.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

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    This section defines “instrument” by cross-referencing the Commercial Code definition in Section 9102.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 481.117. “Instrument” means “instrument” as defined in paragraph (47) of subdivision (a) of Section 9102 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 13.1. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  94. 481.120.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

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    This section defines “inventory” for this chapter.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 481.120. “Inventory” means tangible personal property in the possession of a defendant that (a) is held by the defendant for sale or lease or to be furnished under contracts of service or (b) is raw materials, work in process, or materials used or consumed in his trade, business, or profession. Inventory of a person is not to be classified as his equipment. (Added by Stats. 1974, Ch. 1516.)
  95. 481.140.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

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    “Levying officer” means the sheriff or marshal directed to execute a writ or order under this title.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 481.140. “Levying officer” means the sheriff or marshal who is directed to execute a writ or order issued under this title. (Amended by Stats. 1996, Ch. 872, Sec. 12. Effective January 1, 1997.)
  96. 481.170.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

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    “Person” includes several entity types, including natural persons, corporations, partnerships, LLCs, and public entities.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 481.170. “Person” includes a natural person, a corporation, a partnership or other unincorporated association, a limited liability company, and a public entity. (Amended by Stats. 1994, Ch. 1010, Sec. 58. Effective January 1, 1995.)
  97. 481.175.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

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    For this section, “personal property” means both tangible and intangible personal property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 481.175. “Personal property” includes both tangible and intangible personal property. (Added by Stats. 1982, Ch. 1198, Sec. 15. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  98. 481.180.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

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    This section defines “plaintiff” as a person who files a complaint or cross-complaint.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 481.180. “Plaintiff” means a person who files a complaint or cross-complaint. (Added by Stats. 1974, Ch. 1516.)
  99. 481.190.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

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    A claim is “probably valid” if it is more likely than not that the plaintiff will win a judgment against the defendant on that claim.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 481.190. 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. (Added by Stats. 1974, Ch. 1516.)
  100. 481.195.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

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    For this chapter, “property” includes real and personal property and any interest in them.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 481.195. “Property” includes real and personal property and any interest therein. (Added by Stats. 1982, Ch. 1198, Sec. 16. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  101. 481.200.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

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    This section defines “public entity” to include specified government bodies and other public subdivisions or corporations in the state.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 481.200. “Public entity” includes the state, the Regents of the University of California, a county, a city, district, public authority, public agency, and any other political subdivision or public corporation in the state. (Added by Stats. 1974, Ch. 1516.)
  102. 481.203.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

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    This section defines “real property” to include any right in real property, including a leasehold interest.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 481.203. “Real property” includes any right in real property, including, but not limited to, a leasehold interest in real property. (Added by Stats. 1982, Ch. 1198, Sec. 17. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  103. 481.205.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

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    “Registered process server” means a person registered as a process server under the cited Business and Professions Code chapter.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 481.205. “Registered process server” means a person registered as a process server pursuant to Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code. (Added by Stats. 1982, Ch. 1198, Sec. 18. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  104. 481.207.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

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    This section defines “secured party” by reference to the Commercial Code.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 481.207. “Secured party” means “secured party” as defined in paragraph (73) of subdivision (a) of Section 9102 of the Commercial Code. (Amended by Stats. 2013, Ch. 531, Sec. 2. (AB 502) Effective January 1, 2014. Operative July 1, 2014, by Sec. 28 of Ch. 531.)
  105. 481.210.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

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    “Security” is defined by reference to Section 8102 of the Commercial Code.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 481.210. “Security” means a “security” as defined by Section 8102 of the Commercial Code. (Added by Stats. 1974, Ch. 1516.)
  106. 481.220.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

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    This section defines “security agreement” by reference to another Commercial Code provision.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 481.220. “Security agreement” means a “security agreement” as defined by paragraph (74) of subdivision (a) of Section 9102 of the Commercial Code. (Amended by Stats. 2013, Ch. 531, Sec. 3. (AB 502) Effective January 1, 2014. Operative July 1, 2014, by Sec. 28 of Ch. 531.)
  107. 481.223.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

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    This section defines “security interest” by referring to the definition in Section 1201 of the Commercial Code.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 481.223. “Security interest” means “security interest” as defined in Section 1201 of the Commercial Code. (Added by Stats. 1982, Ch. 1198, Sec. 20. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  108. 481.225.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

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    “Tangible personal property” includes chattel paper, documents of title, instruments, securities, and money.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. Words and Phrases Defined [481.010 - 481.225] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 481.225. “Tangible personal property” includes chattel paper, documents of title, instruments, securities, and money. (Added by Stats. 1982, Ch. 1198, Sec. 21. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  109. 482.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. General Provisions [482.010 - 482.120] ( Chapter 2 added by Stats. 1974, Ch. 1516. )

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    This title may be cited as “The Attachment Law.”

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. General Provisions [482.010 - 482.120] ( Chapter 2 added by Stats. 1974, Ch. 1516. ) ## 482.010. This title shall be known and may be cited as “The Attachment Law.” (Added by Stats. 1974, Ch. 1516.)
  110. 482.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. General Provisions [482.010 - 482.120] ( Chapter 2 added by Stats. 1974, Ch. 1516. )

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    This section says Title 6.5 does not stop relief from being granted under Chapter 3 of Title 7.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. General Provisions [482.010 - 482.120] ( Chapter 2 added by Stats. 1974, Ch. 1516. ) ## 482.020. Nothing in this title precludes the granting of relief pursuant to Chapter 3 (commencing with Section 525) of Title 7. (Added by Stats. 1974, Ch. 1516.)
  111. 482.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. General Provisions [482.010 - 482.120] ( Chapter 2 added by Stats. 1974, Ch. 1516. )

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    The Judicial Council may make rules for procedure in proceedings under this title and must set the form of required applications, notices, orders, and other documents.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. General Provisions [482.010 - 482.120] ( Chapter 2 added by Stats. 1974, Ch. 1516. ) ## 482.030. (a) The Judicial Council may provide by rule for the practice and procedure in proceedings under this title. (b) The Judicial Council shall prescribe the form of the applications, notices, orders, and other documents required by this title. (Added by Stats. 1974, Ch. 1516.)
  112. 482.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. General Provisions [482.010 - 482.120] ( Chapter 2 added by Stats. 1974, Ch. 1516. )

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    Affidavits filed under this title must state facts with particularity and, unless information-and-belief treatment is specifically allowed, must show the affiant can competently testify to them.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. General Provisions [482.010 - 482.120] ( Chapter 2 added by Stats. 1974, Ch. 1516. ) ## 482.040. The facts stated in each affidavit filed pursuant to this title shall be set forth with particularity. Except where matters are specifically permitted by this title to be shown by information and belief, each affidavit shall show affirmatively that the affiant, if sworn as a witness, can testify competently to the facts stated therein. As to matters shown by information and belief, the affidavit shall state the facts on which the affiant’s belief is based, showing the nature of his information and the reliability of his informant. The affiant may be any person, whether or not a party to the action, who has knowledge of the facts. A verified complaint that satisfies the requirements of this section may be used in lieu of or in addition to an affidavit. (Added by Stats. 1974, Ch. 1516.)
  113. 482.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. General Provisions [482.010 - 482.120] ( Chapter 2 added by Stats. 1974, Ch. 1516. )

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    If the plaintiff asks in writing when filing the complaint, the clerk must temporarily withhold public access to the case records, but must still let any named party or that party’s attorney inspect the full file.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. General Provisions [482.010 - 482.120] ( Chapter 2 added by Stats. 1974, Ch. 1516. ) ## 482.050. (a) If the plaintiff so requests in writing at the time he files his complaint, the clerk of the court with whom the complaint is filed shall not make available to the public the records and documents in such action before either (1) 30 days after the filing of the complaint or (2) the filing pursuant to this title of the return of service of the notice of hearing and any temporary protective order, or of the writ of attachment if issued without notice, whichever event occurs first. (b) Notwithstanding subdivision (a), the clerk of the court shall make the entire file in the action available for inspection at any time to any party named in the complaint or to his attorney. (c) The request by plaintiff that the fact of filing of a complaint or application for relief not be made public may take the form of a notation to that effect, made by rubber stamp or other suitable means, at the top of the first page of the complaint filed with the clerk. (Added by Stats. 1974, Ch. 1516.)
  114. 482.060.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. General Provisions [482.010 - 482.120] ( Chapter 2 added by Stats. 1974, Ch. 1516. )

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    Some attachment-related judicial duties may be performed by appointed officers such as court commissioners, except for certain contested matters; a court may also appoint a temporary judge.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. General Provisions [482.010 - 482.120] ( Chapter 2 added by Stats. 1974, Ch. 1516. ) ## 482.060. (a) Except as otherwise provided in subdivision (b), the judicial duties to be performed under this title are subordinate judicial duties within the meaning of Section 22 of Article VI of the California Constitution and may be performed by appointed officers such as court commissioners. (b) The judicial duties to be performed in the determination of the following matters are not subordinate judicial duties: (1) A contested claim of exemption. (2) A contested motion for determination of the liability and damages for wrongful attachment. (3) A contested third-party claim. (4) A contested proceeding to enforce a third person’s liability. (c) Nothing in subdivision (b) limits the power of a court to appoint a temporary judge pursuant to Section 21 of Article VI of the California Constitution. (Amended by Stats. 1982, Ch. 1198, Sec. 23. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  115. 482.070.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. General Provisions [482.010 - 482.120] ( Chapter 2 added by Stats. 1974, Ch. 1516. )

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    This section says how legal process under this title may be served and what rules govern service and proof of service.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. General Provisions [482.010 - 482.120] ( Chapter 2 added by Stats. 1974, Ch. 1516. ) ## 482.070. (a) (1) Except as otherwise provided in this title, legal process required or permitted to be served under this title may be served personally or by mail. (2) For purposes of this title, the term “legal process” shall refer to each and all of the writs, notices, orders, or other papers required or permitted to be served pursuant to this title. (b) Except as otherwise provided in this section, service of legal process under this title is governed by Article 1 (commencing with Section 684.010) and Article 2 (commencing with Section 684.110) of Chapter 4 of Division 1 of Title 9, including the provisions of Section 684.120 extending time when service is made by mail. (c) For the purpose of subdivision (b), in Article 1 (commencing with Section 684.010) and Article 2 (commencing with Section 684.110) of Chapter 4 of Division 1 of Title 9: (1) References to the “judgment debtor” shall be deemed references to the defendant. (2) References to the “judgment creditor” shall be deemed references to the plaintiff. (3) References to a “writ” shall be deemed references to a writ of attachment. (4) References to a “notice of levy” shall be deemed references to a notice of attachment. (d) If the defendant has not appeared in the action and legal process is required to be personally served on the defendant under this title, service shall be made in the same manner as a summons is served under Chapter 4 (commencing with Section 413.10) of Title 5. (e) Except for service of a subpoena or other process to require the attendance of the defendant or service of a paper to bring the defendant into contempt, if the defendant has an attorney of record in the action, service shall be made on the attorney rather than on the defendant. (f) Proof of service under this title is governed by Article 3 (commencing with Section 684.210) of Chapter 4 of Division 1 of Title 9. (Amended by Stats. 2012, Ch. 484, Sec. 1. (AB 2364) Effective January 1, 2013.)
  116. 482.080.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. General Provisions [482.010 - 482.120] ( Chapter 2 added by Stats. 1974, Ch. 1516. )

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    If a writ of attachment is issued, the court may order the defendant to transfer attached property or related title documents to the levying officer, and the defendant must be personally served with the order.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. General Provisions [482.010 - 482.120] ( Chapter 2 added by Stats. 1974, Ch. 1516. ) ## 482.080. (a) If a writ of attachment is issued, the court may also issue an order directing the defendant to transfer to the levying officer either or both of the following: (1) Possession of the property to be attached if the property is sought to be attached by taking it into custody. (2) Possession of documentary evidence of title to property of or a debt owed to the defendant that is sought to be attached. An order pursuant to this paragraph may be served when the property or debt is levied upon or thereafter. (b) The order shall be personally served on the defendant and shall contain a notice to the defendant that failure to comply with the order may subject the defendant to arrest and punishment for contempt of court. (Amended by Stats. 1982, Ch. 1198, Sec. 25. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  117. 482.090.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. General Provisions [482.010 - 482.120] ( Chapter 2 added by Stats. 1974, Ch. 1516. )

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    This section allows multiple writs in the same form to be issued on the same undertaking, and lets the clerk issue an alias writ in certain circumstances before judgment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. General Provisions [482.010 - 482.120] ( Chapter 2 added by Stats. 1974, Ch. 1516. ) ## 482.090. (a) Several writs in the same form may be issued simultaneously or from time to time upon the same undertaking, whether or not any writ previously issued has been returned. (b) After the return of the writ of attachment, or upon the filing by the plaintiff of an affidavit setting forth the loss of the writ of attachment, the clerk, upon demand of the plaintiff at any time before judgment, may issue an alias writ which shall be in the same form as the original without requirement of a new undertaking. (c) The date of issuance of a writ of attachment shall be deemed to be the date the writ is first issued. (Added by Stats. 1974, Ch. 1516.)
  118. 482.100.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. General Provisions [482.010 - 482.120] ( Chapter 2 added by Stats. 1974, Ch. 1516. )

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    A defendant may claim a property exemption in this attachment procedure, including after a change in circumstances, and must do so by notice of motion served on the plaintiff before the hearing.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. General Provisions [482.010 - 482.120] ( Chapter 2 added by Stats. 1974, Ch. 1516. ) ## 482.100. (a) The defendant may claim an exemption provided in Section 487.020 for property levied upon pursuant to a writ issued under this title if the right to the exemption is the result of a change in circumstances occurring after (1) the denial of a claim of exemption for the property earlier in the action or (2) the expiration of the time for claiming the exemption earlier in the action. (b) A claim of exemption under this section shall follow the procedure provided in Article 2 (commencing with Section 703.510) of Chapter 4 of Division 2 of Title 9 except that, subject to subdivision (a), the defendant may claim the exemption at any time. For this purpose, references in Article 2 (commencing with Section 703.510) of Chapter 4 of Division 2 of Title 9 to the “judgment debtor” shall be deemed references to the defendant, and references to the “judgment creditor” shall be deemed references to the plaintiff. (c) The exemption provided by subdivision (b) of Section 487.020 may be claimed at the defendant’s option either pursuant to subdivision (b) of this section or by following the procedure provided in this subdivision. The claim shall be made by filing with the court and serving on the plaintiff a notice of motion. Service on the plaintiff shall be made not less than three days prior to the date set for the hearing. The hearing shall be held not more than five days after the filing of the notice of motion unless, for good cause shown, the court orders otherwise. The notice of motion shall state the relief requested and shall be accompanied by an affidavit supporting any factual issues raised and points and authorities supporting any legal issues raised. At the hearing on the motion, the defendant has the burden of showing that the property is exempt pursuant to subdivision (b) of Section 487.020. Upon this showing and the showing required by subdivision (a), the court shall order the release of the property. (Amended by Stats. 1982, Ch. 1198, Sec. 26. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  119. 482.110.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. General Provisions [482.010 - 482.120] ( Chapter 2 added by Stats. 1974, Ch. 1516. )

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    A plaintiff may include estimated costs and allowable attorney’s fees in an attachment application, and the court may also include an estimated amount for those items in the amount secured by the attachment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. General Provisions [482.010 - 482.120] ( Chapter 2 added by Stats. 1974, Ch. 1516. ) ## 482.110. (a) The plaintiff’s application for a right to attach order and a writ of attachment pursuant to this title may include an estimate of the costs and allowable attorney’s fees. (b) In the discretion of the court, the amount to be secured by the attachment may include an estimated amount for costs and allowable attorney’s fees. (Added by Stats. 1976, Ch. 437.)
  120. 482.120.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. General Provisions [482.010 - 482.120] ( Chapter 2 added by Stats. 1974, Ch. 1516. )

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    If the court finds the defendant’s property interest clearly exceeds the amount needed for an attachment, it may order levy on the property or limit how much is levied.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. General Provisions [482.010 - 482.120] ( Chapter 2 added by Stats. 1974, Ch. 1516. ) ## 482.120. If the court determines at the hearing on issuance of a writ of attachment under this title that the value of the defendant’s interest in the property described in the plaintiff’s application clearly exceeds the amount necessary to satisfy the amount to be secured by the attachment, the court may direct the order of levy on the property described in the writ or restrict the amount of the property to be levied upon. (Added by Stats. 1976, Ch. 437.)
  121. 483.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Actions in Which Attachment Authorized [483.010 - 483.020] ( Chapter 3 added by Stats. 1974, Ch. 1516. )

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    Attachment is allowed only for certain money claims based on contract and meeting the statute’s amount and scope limits.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Actions in Which Attachment Authorized [483.010 - 483.020] ( Chapter 3 added by Stats. 1974, Ch. 1516. ) ## 483.010. (a) Except as otherwise provided by statute, an attachment may be issued only in an action on a claim or claims for money, each of which is based upon a contract, express or implied, where the total amount of the claim or claims is a fixed or readily ascertainable amount not less than five hundred dollars ($500) exclusive of costs, interest, and attorney’s fees. (b) An attachment may not be issued on a claim which is secured by any interest in real property arising from agreement, statute, or other rule of law (including any mortgage or deed of trust of realty and any statutory, common law, or equitable lien on real property, but excluding any security interest in fixtures subject to Division 9 (commencing with Section 9101) of the Commercial Code). However, an attachment may be issued where the claim was originally so secured but, without any act of the plaintiff or the person to whom the security was given, the security has become valueless or has decreased in value to less than the amount then owing on the claim, in which event the amount to be secured by the attachment shall not exceed the lesser of the amount of the decrease or the difference between the value of the security and the amount then owing on the claim. (c) If the action is against a defendant who is a natural person, an attachment may be issued only on a claim which arises out of the conduct by the defendant of a trade, business, or profession. An attachment may not be issued on a claim against a defendant who is a natural person if the claim is based on the sale or lease of property, a license to use property, the furnishing of services, or the loan of money where the property sold or leased, or licensed for use, the services furnished, or the money loaned was used by the defendant primarily for personal, family, or household purposes. (d) An attachment may be issued pursuant to this section whether or not other forms of relief are demanded. (Amended (as amended by Stats. 1995, Ch. 591, Sec. 1) by Stats. 1997, Ch. 222, Sec. 1. Effective January 1, 1998.)
  122. 483.012.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Actions in Which Attachment Authorized [483.010 - 483.020] ( Chapter 3 added by Stats. 1974, Ch. 1516. )

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    In certain foreclosure actions, using remedies under this title does not count as a debt-recovery action or as failing to proceed first against security, subject to Sections 580b and 580d.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Actions in Which Attachment Authorized [483.010 - 483.020] ( Chapter 3 added by Stats. 1974, Ch. 1516. ) ## 483.012. Subject to the restrictions of Sections 580b and 580d, in an action to foreclose a mortgage or deed of trust on real property or an estate for years therein, pursuit of any remedy provided by this title shall not constitute an action for the recovery of a debt for purposes of subdivision (a) of Section 726 or a failure to comply with any other statutory or judicial requirement to proceed first against security. (Added by Stats. 1997, Ch. 222, Sec. 3. Effective January 1, 1998.)
  123. 483.013.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Actions in Which Attachment Authorized [483.010 - 483.020] ( Chapter 3 added by Stats. 1974, Ch. 1516. )

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    Veterans’ federal disability benefits for service-connected disabilities are exempt from creditors’ claims and from attachment, levy, or seizure, except for amounts subject to child and spousal support enforcement.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Actions in Which Attachment Authorized [483.010 - 483.020] ( Chapter 3 added by Stats. 1974, Ch. 1516. ) ## 483.013. Notwithstanding Section 483.010, federal disability benefits awarded to veterans for service-connected disabilities pursuant to Chapter 11 of Title 38 of the United States Code shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatsoever, as provided by federal law. This section does not apply to that portion of service-connected disability benefits that are subject to child and spousal support enforcement under Section 659(h)(1)(A)(ii)(V) of Title 42 of the United States Code. (Added by Stats. 2009, Ch. 162, Sec. 2. (SB 285) Effective January 1, 2010.)
  124. 483.015.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Actions in Which Attachment Authorized [483.010 - 483.020] ( Chapter 3 added by Stats. 1974, Ch. 1516. )

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    This section says how to calculate the amount secured by an attachment, starting with the plaintiff’s claimed debt and any court-added amount, then reducing that total by listed offsets.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Actions in Which Attachment Authorized [483.010 - 483.020] ( Chapter 3 added by Stats. 1974, Ch. 1516. ) ## 483.015. (a) Subject to subdivision (b) and to Section 483.020, the amount to be secured by an attachment is the sum of the following: (1) The amount of the defendant’s indebtedness claimed by the plaintiff. (2) Any additional amount included by the court under Section 482.110. (b) The amount described in subdivision (a) shall be reduced by the sum of the following: (1) The amount of any money judgment in favor of the defendant and against the plaintiff that remains unsatisfied and is enforceable. (2) The amount of any indebtedness of the plaintiff that the defendant has claimed in a cross-complaint filed in the action if the defendant’s claim is one upon which an attachment could be issued. (3) The amount of any claim of the defendant asserted as a defense in the answer pursuant to Section 431.70 if the defendant’s claim is one upon which an attachment could be issued had an action been brought on the claim when it was not barred by the statute of limitations. (4) The value of any security interest in the property of the defendant held by the plaintiff to secure the defendant’s indebtedness claimed by the plaintiff, together with the amount by which the value of the security interest has decreased due to the act of the plaintiff or a prior holder of the security interest. (Amended (as amended by Stats. 1995, Ch. 591, Sec. 3) by Stats. 1997, Ch. 222, Sec. 4. Effective January 1, 1998.)
  125. 483.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Actions in Which Attachment Authorized [483.010 - 483.020] ( Chapter 3 added by Stats. 1974, Ch. 1516. )

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    In an unlawful detainer case, the attachment amount is based on rent-related amounts, and the plaintiff may include future rent in the application; the court may also add that future rent amount in its discretion.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Actions in Which Attachment Authorized [483.010 - 483.020] ( Chapter 3 added by Stats. 1974, Ch. 1516. ) ## 483.020. (a) Subject to subdivisions (d) and (e), the amount to be secured by the attachment in an unlawful detainer proceeding is the sum of the following: (1) The amount of the rent due and unpaid as of the date of filing the complaint in the unlawful detainer proceeding. (2) Any additional amount included by the court under subdivision (c). (3) Any additional amount included by the court under Section 482.110. (b) In an unlawful detainer proceeding, the plaintiff’s application for a right to attach order and a writ of attachment pursuant to this title may include (in addition to the rent due and unpaid as of the date of the filing of the complaint and any additional estimated amount authorized by Section 482.110) an amount equal to the rent for the period from the date the complaint is filed until the estimated date of judgment or such earlier estimated date as possession has been or is likely to be delivered to the plaintiff, such amount to be computed at the rate provided in the lease. (c) The amount to be secured by the attachment in the unlawful detainer proceeding may, in the discretion of the court, include an additional amount equal to the amount of rent for the period from the date the complaint is filed until the estimated date of judgment or such earlier estimated date as possession has been or is likely to be delivered to the plaintiff, such amount to be computed at the rate provided in the lease. (d) Except as provided in subdivision (e), the amount to be secured by the attachment as otherwise determined under this section shall be reduced by the amounts described in subdivision (b) of Section 483.015. (e) Where the plaintiff has received a payment or holds a deposit to secure (1) the payment of rent and the performance of other obligations under the lease or (2) only the performance of other obligations under the lease, the amount of the payment or deposit shall not be subtracted in determining the amount to be secured by the attachment. (Amended by Stats. 1997, Ch. 222, Sec. 6. Effective January 1, 1998.)
  126. 484.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. Right to Attach Order; Issuance of Writ of Attachment [484.010 - 484.110] ( Article 1 added by Stats. 1974, Ch. 1516. )

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    A plaintiff may apply for a right to attach order and a writ of attachment by filing an application with the court.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. Right to Attach Order; Issuance of Writ of Attachment [484.010 - 484.110] ( Article 1 added by Stats. 1974, Ch. 1516. ) ## 484.010. Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article 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. (Added by Stats. 1974, Ch. 1516.)
  127. 484.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. Right to Attach Order; Issuance of Writ of Attachment [484.010 - 484.110] ( Article 1 added by Stats. 1974, Ch. 1516. )

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    An attachment application must be sworn and must include required statements about the claim, amount, purpose, bankruptcy status, and property to be attached.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. Right to Attach Order; Issuance of Writ of Attachment [484.010 - 484.110] ( Article 1 added by Stats. 1974, Ch. 1516. ) ## 484.020. The application shall be executed under oath and shall include all of the following: (a) A statement showing that the attachment is sought to secure the recovery on a claim upon which an attachment may be issued. (b) A statement of the amount to be secured by the attachment. (c) A statement that the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based. (d) A statement that the applicant has no information or belief that the claim is discharged in a proceeding under Title 11 of the United States Code (Bankruptcy) or that the prosecution of the action is stayed in a proceeding under Title 11 of the United States Code (Bankruptcy). (e) A description of the property to be attached under the writ of attachment and a statement that the plaintiff is informed and believes that such property is subject to attachment. Where the defendant is a corporation, a reference to “all corporate property which is subject to attachment pursuant to subdivision (a) of Code of Civil Procedure Section 487.010” satisfies the requirements of this subdivision. Where the defendant is a partnership or other unincorporated association, a reference to “all property of the partnership or other unincorporated association which is subject to attachment pursuant to subdivision (b) of Code of Civil Procedure Section 487.010” satisfies the requirements of this subdivision. Where the defendant is a natural person, the description of the property shall be reasonably adequate to permit the defendant to identify the specific property sought to be attached. (Amended by Stats. 1982, Ch. 1198, Sec. 30. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  128. 484.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. Right to Attach Order; Issuance of Writ of Attachment [484.010 - 484.110] ( Article 1 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    An application for a writ of attachment must be backed by an affidavit showing the plaintiff would be entitled to judgment on the claim.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. Right to Attach Order; Issuance of Writ of Attachment [484.010 - 484.110] ( Article 1 added by Stats. 1974, Ch. 1516. ) ## 484.030. The application shall be supported by an affidavit showing that the plaintiff on the facts presented would be entitled to a judgment on the claim upon which the attachment is based. (Added by Stats. 1974, Ch. 1516.)
  129. 484.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. Right to Attach Order; Issuance of Writ of Attachment [484.010 - 484.110] ( Article 1 added by Stats. 1974, Ch. 1516. )

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    No order or writ may issue under this article unless there has been a hearing, and the defendant must be served with specified papers at the time required by Section 1005(b).

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. Right to Attach Order; Issuance of Writ of Attachment [484.010 - 484.110] ( Article 1 added by Stats. 1974, Ch. 1516. ) ## 484.040. No order or writ shall be issued under this article except after a hearing. At the times prescribed by subdivision (b) of Section 1005, the defendant shall be served with all of the following: (a) A copy of the summons and complaint. (b) A notice of application and hearing. (c) A copy of the application and of any affidavit in support of the application. (Amended by Stats. 1989, Ch. 693, Sec. 2.)
  130. 484.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. Right to Attach Order; Issuance of Writ of Attachment [484.010 - 484.110] ( Article 1 added by Stats. 1974, Ch. 1516. )

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    The defendant must file and serve a notice of opposition and supporting affidavit at least five court days before the hearing if opposing the order, and may appear at the hearing.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. Right to Attach Order; Issuance of Writ of Attachment [484.010 - 484.110] ( Article 1 added by Stats. 1974, Ch. 1516. ) ## 484.050. The notice of application and hearing shall inform the defendant of all of the following: (a) A hearing will be held at a place and at a time, to be specified in the notice, on plaintiff’s application for a right to attach order and a writ of attachment. (b) The order will be issued if the court finds that the plaintiff’s claim is probably valid and the other requirements for issuing the order are established. The hearing is not for the purpose of determining whether the claim is actually valid. The determination of the actual validity of the claim will be made in subsequent proceedings in the action and will not be affected by the decisions at the hearing on the application for the order. (c) The amount to be secured by the attachment is determined pursuant to Sections 482.110, 483.010, 483.015, and 483.020, which statutes shall be summarized in the notice. (d) If the right to attach order is issued, a writ of attachment will be issued to attach the property described in the plaintiff’s application unless the court determines that such property is exempt from attachment or that its value clearly exceeds the amount necessary to satisfy the amount to be secured by the attachment. However, additional writs of attachment may be issued to attach other nonexempt property of the defendant on the basis of the right to attach order. (e) If the defendant desires to oppose the issuance of the order, the defendant shall file with the court and serve on the plaintiff a notice of opposition and supporting affidavit as required by Section 484.060 not later than five court days prior to the date set for hearing. (f) If the defendant claims that the personal property described in the application, or a portion thereof, is exempt from attachment, the defendant shall include that claim in the notice of opposition filed and served pursuant to Section 484.060 or file and serve a separate claim of exemption with respect to the property as provided in Section 484.070. If the defendant does not do so, the claim of exemption will be barred in the absence of a showing of a change in circumstances occurring after the expiration of the time for claiming exemptions. (g) The defendant may obtain a determination at the hearing whether real or personal property not described in the application or real property described in the application is exempt from attachment by including the claim in the notice of opposition filed and served pursuant to Section 484.060 or by filing and serving a separate claim of exemption with respect to the property as provided in Section 484.070, but the failure to so claim that the property is exempt from attachment will not preclude the defendant from making a claim of exemption with respect to the property at a later time. (h) Either the defendant or the defendant’s attorney or both of them may be present at the hearing. (i) The notice shall contain the following statement: “You may seek the advice of an attorney as to any matter connected with the plaintiff’s application. The attorney should be consulted promptly so that the attorney may assist you before the time set for hearing.” (Amended by Stats. 1997, Ch. 222, Sec. 7. Effective January 1, 1998.)
  131. 484.060.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. Right to Attach Order; Issuance of Writ of Attachment [484.010 - 484.110] ( Article 1 added by Stats. 1974, Ch. 1516. )

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    A defendant who wants to oppose a right-to-attach order or the amount to be secured must file and serve a notice of opposition at least five court days before the hearing; the plaintiff may file and serve a reply two court days before the hearing.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. Right to Attach Order; Issuance of Writ of Attachment [484.010 - 484.110] ( Article 1 added by Stats. 1974, Ch. 1516. ) ## 484.060. (a) If the defendant desires to oppose the issuance of the right to attach order sought by plaintiff or objects to the amount sought to be secured by the attachment, the defendant shall file and serve upon the plaintiff no later than five court days prior to the date set for the hearing a notice of opposition. The notice shall state the grounds on which the defendant opposes the issuance of the order or objects to the amount sought to be secured by the attachment and shall be accompanied by an affidavit supporting any factual issues raised and points and authorities supporting any legal issues raised. If the defendant fails to file a notice of opposition within the time prescribed, the defendant shall not be permitted to oppose the issuance of the order. (b) If a defendant filing a notice of opposition desires to make any claim of exemption as provided in Section 484.070, the defendant may include that claim in the notice of opposition filed pursuant to this section. (c) The plaintiff may file and serve upon the opposing party a reply two court days prior to the date set for the hearing. (Amended by Stats. 1990, Ch. 1491, Sec. 6.)
  132. 484.070.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. Right to Attach Order; Issuance of Writ of Attachment [484.010 - 484.110] ( Article 1 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    A defendant who claims property is exempt from attachment must make the exemption claim, describe the property, identify the supporting statute, and file and serve the claim with supporting papers before the hearing; a plaintiff opposing the claim must file and serve a notice of opposition on time.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. Right to Attach Order; Issuance of Writ of Attachment [484.010 - 484.110] ( Article 1 added by Stats. 1974, Ch. 1516. ) ## 484.070. (a) If the defendant claims that the personal property described in the plaintiff’s application, or a portion of such property, is exempt from attachment, the defendant shall claim the exemption as provided in this section. If the defendant fails to make the claim or makes the claim but fails to prove that the personal property is exempt, the defendant may not later claim the exemption except as provided in Section 482.100. (b) If the defendant desires to claim at the hearing that real or personal property not described in the plaintiff’s application or real property described in the plaintiff’s application is exempt from attachment, in whole or in part, the defendant shall claim the exemption as provided in this section. Failure to make the claim does not preclude the defendant from later claiming the exemption. If the claim is made as provided in this section but the defendant fails to prove that the property is exempt from attachment, the defendant may not later claim that the property, or a portion thereof, is exempt except as provided in Section 482.100. (c) The claim of exemption shall: (1) Describe the property claimed to be exempt. (2) Specify the statute section supporting the claim. (d) The claim of exemption shall be accompanied by an affidavit supporting any factual issues raised by the claim and points and authorities supporting any legal issues raised. (e) The claim of exemption, together with any supporting affidavit and points and authorities, shall be filed and served on the plaintiff not less than five court days before the date set for the hearing. (f) If the plaintiff desires to oppose the claim of exemption, the plaintiff shall file and serve on the defendant, not less than two days before the date set for the hearing, a notice of opposition to the claim of exemption, accompanied by an affidavit supporting any factual issues raised and points and authorities supporting any legal issues raised. If the plaintiff does not file and serve a notice of opposition as provided in this subdivision, no writ of attachment shall be issued as to the property claimed to be exempt. If all of the property described in the plaintiff’s application is claimed to be exempt and the plaintiff does not file and serve a notice of opposition as provided in this subdivision, no hearing shall be held and no right to attach order or writ of attachment shall be issued and any temporary protective order issued pursuant to Chapter 6 (commencing with Section 486.010) immediately expires. (g) If the plaintiff files and serves a notice of opposition to the claim as provided in this section, the defendant has the burden of proving that the property is exempt from attachment. (Amended by Stats. 1998, Ch. 932, Sec. 14. Effective January 1, 1999.)
  133. 484.080.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. Right to Attach Order; Issuance of Writ of Attachment [484.010 - 484.110] ( Article 1 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    The plaintiff must be ready at the hearing. If not, the court may deny the application or grant a continuance. The court may also grant the defendant a continuance, and any protective order may be extended in limited circumstances.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. Right to Attach Order; Issuance of Writ of Attachment [484.010 - 484.110] ( Article 1 added by Stats. 1974, Ch. 1516. ) ## 484.080. (a) At the time set for the hearing, the plaintiff shall be ready to proceed. If the plaintiff is not ready, or if he has failed to comply with Section 484.040, the court may either deny the application for the order or, for good cause shown, grant the plaintiff a continuance for a reasonable period. If such a continuance is granted, the effective period of any protective order issued pursuant to Chapter 6 (commencing with Section 486.010) may be extended by the court for a period ending not more than 10 days after the new hearing date if the plaintiff shows a continuing need for such protective order. (b) The court may, in its discretion and for good cause shown, grant the defendant a continuance for a reasonable period to enable him to oppose the issuance of the right to attach order. If such a continuance is granted, the court shall extend the effective period of any protective order issued pursuant to Chapter 6 (commencing with Section 486.010) for a period ending not more than 10 days after the new hearing date unless the defendant shows pursuant to Section 486.100 that the protective order should be modified or vacated. (Added by Stats. 1974, Ch. 1516.)
  134. 484.090.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. Right to Attach Order; Issuance of Writ of Attachment [484.010 - 484.110] ( Article 1 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    The court must decide whether to issue a right to attach order, and may issue a writ of attachment, based on specific findings about the claim, purpose, amount, and exemptions.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. Right to Attach Order; Issuance of Writ of Attachment [484.010 - 484.110] ( Article 1 added by Stats. 1974, Ch. 1516. ) ## 484.090. (a) At the hearing, the court shall consider the showing made by the parties appearing and shall issue a right to attach order, which shall state the amount to be secured by the attachment determined by the court in accordance with Section 483.015 or 483.020, if it finds all of the following: (1) The claim upon which the attachment is based is one upon which an attachment may be issued. (2) The plaintiff has established the probable validity of the claim upon which the attachment is based. (3) The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based. (4) The amount to be secured by the attachment is greater than zero. (b) If, in addition to the findings required by subdivision (a), the court finds that the defendant has failed to prove that all the property sought to be attached is exempt from attachment, it shall order a writ of attachment to be issued upon the filing of an undertaking as provided by Sections 489.210 and 489.220. (c) If the court determines that property of the defendant is exempt from attachment, in whole or in part, the right to attach order shall describe the exempt property and prohibit attachment of the property. (d) The court’s determinations shall be made upon the basis of the pleadings and other papers in the record; but, upon good cause shown, the court may receive and consider at the hearing additional evidence, oral or documentary, and additional points and authorities, or it may continue the hearing for the production of the additional evidence or points and authorities. (Amended by Stats. 1997, Ch. 222, Sec. 8. Effective January 1, 1998.)
  135. 484.100.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. Right to Attach Order; Issuance of Writ of Attachment [484.010 - 484.110] ( Article 1 added by Stats. 1974, Ch. 1516. )

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    Court determinations under this chapter do not affect other issues or related actions, and cannot be used as evidence or mentioned at trial in such actions.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. Right to Attach Order; Issuance of Writ of Attachment [484.010 - 484.110] ( Article 1 added by Stats. 1974, Ch. 1516. ) ## 484.100. The court’s determinations under this chapter shall have no effect on the determination of any issues in the action other than issues relevant to proceedings under this chapter nor shall they affect the rights of the plaintiff or defendant in any other action arising out of the same claim of the plaintiff or defendant. The court’s determinations under this chapter shall not be given in evidence nor referred to at the trial of any such action. (Amended by Stats. 1982, Ch. 1198, Sec. 34. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  136. 484.110.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. Right to Attach Order; Issuance of Writ of Attachment [484.010 - 484.110] ( Article 1 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    Failing to oppose or rebut evidence in these attachment proceedings does not count as a waiver of defenses or affect the parties’ ability to produce or exclude evidence at trial.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. Right to Attach Order; Issuance of Writ of Attachment [484.010 - 484.110] ( Article 1 added by Stats. 1974, Ch. 1516. ) ## 484.110. (a) Neither the failure of the defendant to oppose the issuance of a right to attach order under this chapter nor the defendant’s failure to rebut any evidence produced by the plaintiff in connection with proceedings under this chapter shall constitute a waiver of any defense to the plaintiff’s claim in the action or any other action or have any effect on the right of the defendant to produce or exclude evidence at the trial of any such action. (b) Neither the failure of the plaintiff to oppose the issuance of an order reducing the amount to be secured by the attachment under this chapter nor the plaintiff’s failure to rebut any evidence produced by the defendant in connection with proceedings under this chapter shall constitute a waiver of any defense to the defendant’s claim in the action or any other action or have any effect on the right of the plaintiff to produce or exclude evidence at the trial of any such action. (Amended by Stats. 1982, Ch. 1198, Sec. 35. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  137. 484.310.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 2. Noticed Hearing Procedure for Obtaining Additional Writs [484.310 - 484.370] ( Article 2 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    A plaintiff may apply for a writ of attachment by filing an application with the court after a right to attach order has been issued, or after the court has found the plaintiff is entitled to one.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 2. Noticed Hearing Procedure for Obtaining Additional Writs [484.310 - 484.370] ( Article 2 added by Stats. 1974, Ch. 1516. ) ## 484.310. At any time after a right to attach order has been issued under Article 1 (commencing with Section 484.010) or after the court has found pursuant to Section 485.240 that the plaintiff is entitled to a right to attach order, the plaintiff may apply for a writ of attachment under this article by filing an application with the court in which the action is brought. (Added by Stats. 1974, Ch. 1516.)
  138. 484.320.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 2. Noticed Hearing Procedure for Obtaining Additional Writs [484.310 - 484.370] ( Article 2 added by Stats. 1974, Ch. 1516. )

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    An applicant for an additional writ of attachment must submit an application under oath and include the required statements and description.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 2. Noticed Hearing Procedure for Obtaining Additional Writs [484.310 - 484.370] ( Article 2 added by Stats. 1974, Ch. 1516. ) ## 484.320. 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 under Article 1 (commencing with Section 484.010) or that the court has found pursuant to Section 485.240 that the plaintiff is entitled to a right to attach order. (b) A statement of the amount to be secured by the attachment. (c) A description of the property to be attached under the writ of attachment and a statement that the plaintiff is informed and believes that the property is subject to attachment. The description shall satisfy the requirements of Section 484.020. (d) A statement that the applicant has no information or belief that the claim is discharged in a proceeding under Title 11 of the United States Code (Bankruptcy) or that the prosecution of the action is stayed in a proceeding under Title 11 of the United States Code (Bankruptcy). (Amended by Stats. 1982, Ch. 1198, Sec. 36. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  139. 484.330.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 2. Noticed Hearing Procedure for Obtaining Additional Writs [484.310 - 484.370] ( Article 2 added by Stats. 1974, Ch. 1516. )

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    A writ of attachment under this article may not be issued unless there has been a hearing, and the defendant must be served at least 15 days before that hearing with a notice of application and hearing and a copy of the application.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 2. Noticed Hearing Procedure for Obtaining Additional Writs [484.310 - 484.370] ( Article 2 added by Stats. 1974, Ch. 1516. ) ## 484.330. No writ of attachment shall be issued under this article except after a hearing. At least 15 days prior to the hearing, the defendant shall be served with both of the following: (a) A notice of application and hearing. (b) A copy of the application. (Amended by Stats. 1991, Ch. 1090, Sec. 2.)
  140. 484.340.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 2. Noticed Hearing Procedure for Obtaining Additional Writs [484.310 - 484.370] ( Article 2 added by Stats. 1974, Ch. 1516. )

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    The notice must tell the defendant about the attachment application, the hearing, possible issuance of the writ, exemption claims, attendance, and attorney advice.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 2. Noticed Hearing Procedure for Obtaining Additional Writs [484.310 - 484.370] ( Article 2 added by Stats. 1974, Ch. 1516. ) ## 484.340. The notice of application and hearing shall inform the defendant of all of the following: (a) The plaintiff has applied for a writ of attachment to attach the property described in the application. (b) A hearing will be held at a place and at a time, to be specified in the notice, to determine whether the plaintiff is entitled to the writ. (c) A writ of attachment will be issued to attach the property described in the plaintiff’s application unless the court determines that the property is exempt from attachment or that its value clearly exceeds the amount necessary to satisfy the amount to be secured by the attachment. (d) If the defendant claims that the property described in the application, or a portion thereof, is exempt from attachment, the defendant may file with the court and serve on the plaintiff a claim of exemption with respect to the property as provided in Section 484.350 not later than five days prior to the date set for hearing. If the defendant fails to make such a claim with respect to personal property, the defendant may not later claim the exemption in the absence of a showing of a change in circumstances occurring after the expiration of the time for claiming exemptions. (e) Either the defendant or the defendant’s attorney or both of them may be present at the hearing. (f) The notice shall contain the following statement: “You may seek the advice of an attorney as to any matter connected with the plaintiff’s application. The attorney should be consulted promptly so that the attorney may assist you before the time set for hearing.” (Amended by Stats. 1982, Ch. 1198, Sec. 37. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  141. 484.350.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 2. Noticed Hearing Procedure for Obtaining Additional Writs [484.310 - 484.370] ( Article 2 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    A defendant may claim that property is exempt from attachment, but the claim must describe the property, identify the supporting statute, include supporting affidavit/materials, and be filed and served on the plaintiff at least five court days before the hearing.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 2. Noticed Hearing Procedure for Obtaining Additional Writs [484.310 - 484.370] ( Article 2 added by Stats. 1974, Ch. 1516. ) ## 484.350. (a) If the defendant claims that the property described in the plaintiff’s application, or a portion of such property, is exempt from attachment, the defendant may claim the exemption as provided in this section. If the defendant fails to make a claim with respect to personal property, or makes a claim with respect to real or personal property but fails to prove that the property is exempt, the defendant may not later claim the exemption except as provided in Section 482.100. (b) The claim of exemption shall: (1) Describe the property claimed to be exempt. (2) Specify the statute section supporting the claim. (c) The claim of exemption shall be accompanied by an affidavit supporting any factual issues raised by the claim and points and authorities supporting any legal issues raised. (d) The claim of exemption, together with any supporting affidavit and points and authorities, shall be filed and served on the plaintiff not less than five court days before the date set for the hearing. (Amended by Stats. 1998, Ch. 932, Sec. 15. Effective January 1, 1999.)
  142. 484.360.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 2. Noticed Hearing Procedure for Obtaining Additional Writs [484.310 - 484.370] ( Article 2 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    If the defendant claims an exemption and the plaintiff wants to oppose it, the plaintiff must serve a notice of opposition at least two days before the hearing.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 2. Noticed Hearing Procedure for Obtaining Additional Writs [484.310 - 484.370] ( Article 2 added by Stats. 1974, Ch. 1516. ) ## 484.360. (a) If the defendant files and serves a claim of exemption and the plaintiff desires to oppose the claim, he shall file and serve on the defendant, not less than two days before the date set for the hearing, a notice of opposition to the claim of exemption, accompanied by an affidavit supporting any factual issues raised and points and authorities supporting any legal issues raised. (b) If the defendant files and serves a claim of exemption and supporting affidavit as provided in Section 484.350 and the plaintiff does not file and serve a notice of opposition as provided in this section, no writ of attachment shall be issued as to the property claimed to be exempt. If all of the property described in the plaintiff’s application is claimed to be exempt and the plaintiff does not file and serve a notice of opposition as provided in this section, no hearing shall be held and no writ of attachment shall be issued. (c) If the plaintiff files and serves a notice of opposition to the claim as provided in this section, the defendant has the burden of proving that the property is exempt from attachment. (Added by Stats. 1974, Ch. 1516.)
  143. 484.370.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 2. Noticed Hearing Procedure for Obtaining Additional Writs [484.310 - 484.370] ( Article 2 added by Stats. 1974, Ch. 1516. )

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    The court must order a writ of attachment if the required undertaking is filed and the stated conditions are met.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010 - 484.530] ( Chapter 4 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 2. Noticed Hearing Procedure for Obtaining Additional Writs [484.310 - 484.370] ( Article 2 added by Stats. 1974, Ch. 1516. ) ## 484.370. The hearing shall be conducted in the manner prescribed in Section 484.090 and the court 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 action pursuant to Article 1 (commencing with Section 484.010) or the court has found pursuant to Section 485.240 that the plaintiff is entitled to a right to attach order. (b) The defendant has failed to prove that the property sought to be attached, or the portion thereof to be described in the writ, is exempt from attachment. (Amended by Stats. 1976, Ch. 437.)
  144. 485.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment [485.010 - 485.610] ( Chapter 5 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. Great or Irreparable Injury Requirement [485.010- 485.010.] ( Article 1 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    A writ of attachment generally cannot issue unless an affidavit shows great or irreparable injury, and some writs trigger specific affidavit, hearing, or service deadlines.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment [485.010 - 485.610] ( Chapter 5 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. Great or Irreparable Injury Requirement [485.010- 485.010.] ( Article 1 added by Stats. 1974, Ch. 1516. ) ## 485.010. (a) Except as otherwise provided by statute, no right to attach order or writ of attachment may be issued pursuant to this chapter unless it appears from facts shown by affidavit that great or irreparable injury would result to the plaintiff if issuance of the order were delayed until the matter could be heard on notice. (b) The requirement of subdivision (a) is satisfied if any of the following are shown: (1) Under the circumstances of the case, it may be inferred that there is a danger that the property sought to be attached would be concealed, substantially impaired in value, or otherwise made unavailable to levy if issuance of the order were delayed until the matter could be heard on notice. (2) Under the circumstances of the case, it may be inferred that the defendant has failed to pay the debt underlying the requested attachment and the defendant is insolvent in the sense that the defendant is generally not paying his or her debts as those debts become due, unless the debts are subject to a bona fide dispute. Plaintiff’s affidavit filed in support of the ex parte attachment shall state, in addition to the requirements of Section 485.530, the known undisputed debts of the defendant, that the debts are not subject to bona fide dispute, and the basis for plaintiff’s determination that the defendant’s debts are undisputed. (3) A bulk sales notice has been recorded and published pursuant to Division 6 (commencing with Section 6101) of the Commercial Code with respect to a bulk transfer by the defendant. (4) An escrow has been opened pursuant to the provisions of Section 24074 of the Business and Professions Code with respect to the sale by the defendant of a liquor license. (5) Any other circumstance showing that great or irreparable injury would result to the plaintiff if issuance of the order were delayed until the matter could be heard on notice. (c) Upon a writ being issued solely on a showing under paragraph (2) of subdivision (b), if the defendant requests the court to review the issuance of the writ, the court shall conduct a hearing within five court days after the plaintiff is served with notice of the defendant’s request. A writ issued solely on a showing under paragraph (3) of subdivision (b) shall be limited to the property covered by the bulk sales notice or the proceeds of the sale of such property. In addition to any other service required by this title, such writ shall be served by the levying officer on the transferee or auctioneer identified by the bulk sales notice not more than five days after the levy of such writ. A writ issued solely on a showing under paragraph (4) of subdivision (b) shall be limited to the plaintiff’s pro rata share of the proceeds of the sale in escrow. (Amended by Stats. 1988, Ch. 727, Sec. 1.)
  145. 485.210.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment [485.010 - 485.610] ( Chapter 5 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 2. Order Determining Right to Attach; Issuance of Writ of Attachment [485.210 - 485.240] ( Article 2 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    A plaintiff may apply for a right to attach order and writ of attachment, but the application must meet statutory requirements and be backed by an affidavit showing the required facts.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment [485.010 - 485.610] ( Chapter 5 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 2. Order Determining Right to Attach; Issuance of Writ of Attachment [485.210 - 485.240] ( Article 2 added by Stats. 1974, Ch. 1516. ) ## 485.210. (a) Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article 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 shall satisfy the requirements of Section 484.020 and, in addition, shall include a statement showing that the requirement of Section 485.010 is satisfied. (c) The application shall be supported by an affidavit showing all of the following: (1) The plaintiff on the facts presented would be entitled to a judgment on the claim upon which the attachment is based. (2) The plaintiff would suffer great or irreparable injury (within the meaning of Section 485.010) if issuance of the order were delayed until the matter could be heard on notice. (3) The property sought to be attached is not exempt from attachment. (d) An affidavit in support of the showing required by paragraph (3) of subdivision (c) may be based on the affiant’s information and belief. (Added by Stats. 1974, Ch. 1516.)
  146. 485.220.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment [485.010 - 485.610] ( Chapter 5 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 2. Order Determining Right to Attach; Issuance of Writ of Attachment [485.210 - 485.240] ( Article 2 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    The court must review the application and affidavit, and generally must issue a right to attach order and a writ of attachment if the listed conditions are met.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment [485.010 - 485.610] ( Chapter 5 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 2. Order Determining Right to Attach; Issuance of Writ of Attachment [485.210 - 485.240] ( Article 2 added by Stats. 1974, Ch. 1516. ) ## 485.220. (a) The court shall examine the application and supporting affidavit and, except as provided in Section 486.030, 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 489.210 and 489.220, if it finds all of the following: (1) The claim upon which the attachment is based is one upon which an attachment may be issued. (2) The plaintiff has established the probable validity of the claim upon which the attachment is based. (3) The attachment is not sought for a purpose other than the recovery upon the claim upon which the attachment is based. (4) The affidavit accompanying the application shows that the property sought to be attached, or the portion thereof to be specified in the writ, is not exempt from attachment. (5) The plaintiff will suffer great or irreparable injury (within the meaning of Section 485.010) if issuance of the order is delayed until the matter can be heard on notice. (6) The amount to be secured by the attachment is greater than zero. (b) If the court finds that the application and the supporting affidavit do not satisfy the requirements of Section 485.010, it shall so state and deny the order. If denial is solely on the ground that Section 485.010 is not satisfied, the court shall so state and such denial does not preclude the plaintiff from applying for a right to attach order and writ of attachment under Chapter 4 (commencing with Section 484.010) with the same affidavits and supporting papers. (Amended by Stats. 1997, Ch. 222, Sec. 9. Effective January 1, 1998.)
  147. 485.230.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment [485.010 - 485.610] ( Chapter 5 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 2. Order Determining Right to Attach; Issuance of Writ of Attachment [485.210 - 485.240] ( Article 2 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    If the court has issued a right to attach order, the plaintiff may discover information about property the defendant has an interest in, using Title 4 procedures and protections.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment [485.010 - 485.610] ( Chapter 5 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 2. Order Determining Right to Attach; Issuance of Writ of Attachment [485.210 - 485.240] ( Article 2 added by Stats. 1974, Ch. 1516. ) ## 485.230. Where a right to attach order has been issued by the court, a plaintiff may discover, through any means provided for by, and subject to the protections included in, Title 4 (commencing with Section 2016.010) of Part 4, the identity, location, and value of property in which the defendant has an interest. (Amended by Stats. 2004, Ch. 182, Sec. 10. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  148. 485.240.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment [485.010 - 485.610] ( Chapter 5 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 2. Order Determining Right to Attach; Issuance of Writ of Attachment [485.210 - 485.240] ( Article 2 added by Stats. 1974, Ch. 1516. )

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    A defendant whose property was attached can ask the court to set aside the attachment order, quash the writ, release levied property, or reduce the amount secured.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment [485.010 - 485.610] ( Chapter 5 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 2. Order Determining Right to Attach; Issuance of Writ of Attachment [485.210 - 485.240] ( Article 2 added by Stats. 1974, Ch. 1516. ) ## 485.240. (a) Any defendant whose property has been attached pursuant to a writ issued under this chapter may apply for an order (1) that the right to attach order be set aside, the writ of attachment quashed, and any property levied upon pursuant to the writ be released, or (2) that the amount to be secured by the attachment be reduced as provided in Section 483.015. Such application shall be made by filing with the court and serving on the plaintiff a notice of motion. (b) The notice of motion shall state the grounds on which the motion is based and shall be accompanied by an affidavit supporting any factual issues raised and points and authorities supporting any legal issues raised. It shall not be grounds to set aside an order that the plaintiff would not have suffered great or irreparable injury (within the meaning of Section 485.010) if issuance of the order had been delayed until the matter could have been heard on notice. (c) At the hearing on the motion, the court shall determine whether the plaintiff is entitled to the right to attach order or whether the amount to be secured by the attachment should be reduced. If the court finds that the plaintiff is not entitled to the right to attach order, it shall order the right to attach order set aside, the writ of attachment quashed, and any property levied on pursuant to the writ released. If the court finds that the plaintiff is entitled to the right to attach order, thereafter the plaintiff may apply for additional writs pursuant to Article 2 (commencing with Section 484.310) or Article 3 (commencing with Section 484.510) of Chapter 4. (d) The court’s determinations shall be made upon the basis of the pleadings and other papers in the record; but, upon good cause shown, the court may receive and consider at the hearing additional evidence, oral or documentary, and additional points and authorities, or it may continue the hearing for the production of such additional evidence or points and authorities. (e) The hearing provided for in this section shall take precedence over all other civil matters on the calendar of that day except older matters of the same character. (Amended by Stats. 1983, Ch. 155, Sec. 4. Effective June 30, 1983. Operative July 1, 1983, by Sec. 32 of Ch. 155.)
  149. 485.510.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment [485.010 - 485.610] ( Chapter 5 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 3. Procedure for Obtaining Additional Writs [485.510 - 485.540] ( Article 3 added by Stats. 1974, Ch. 1516. )

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    A plaintiff may apply for an additional writ of attachment by filing an application with the court, after a right to attach order and writ of attachment have already been issued under Article 2.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment [485.010 - 485.610] ( Chapter 5 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 3. Procedure for Obtaining Additional Writs [485.510 - 485.540] ( Article 3 added by Stats. 1974, Ch. 1516. ) ## 485.510. At any time after a right to attach order and writ of attachment have been issued under Article 2 (commencing with Section 485.210), the plaintiff may apply for an additional writ of attachment under this article by filing an application with the court in which the action is brought. (Added by Stats. 1974, Ch. 1516.)
  150. 485.520.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment [485.010 - 485.610] ( Chapter 5 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 3. Procedure for Obtaining Additional Writs [485.510 - 485.540] ( Article 3 added by Stats. 1974, Ch. 1516. )

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    A plaintiff filing this application must do so under oath and include required statements about the writ, the amount to be secured, the property to be attached, and compliance with Section 485.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment [485.010 - 485.610] ( Chapter 5 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 3. Procedure for Obtaining Additional Writs [485.510 - 485.540] ( Article 3 added by Stats. 1974, Ch. 1516. ) ## 485.520. 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 Article 2 (commencing with Section 485.210) in the action. (b) A statement of the amount to be secured by the attachment under the right to attach order. (c) A description of the property to be attached under the writ of attachment and a statement that the plaintiff is informed and believes that the property is not exempt from attachment. The description shall satisfy the requirements of Section 484.020. (d) A statement showing that the requirement of Section 485.010 has been satisfied. (Amended by Stats. 1982, Ch. 1198, Sec. 41. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  151. 485.530.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment [485.010 - 485.610] ( Chapter 5 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 3. Procedure for Obtaining Additional Writs [485.510 - 485.540] ( Article 3 added by Stats. 1974, Ch. 1516. )

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    An application for an additional writ of attachment must be supported by an affidavit showing that delaying the writ would cause the plaintiff great or irreparable injury and that the property is not exempt from attachment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment [485.010 - 485.610] ( Chapter 5 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 3. Procedure for Obtaining Additional Writs [485.510 - 485.540] ( Article 3 added by Stats. 1974, Ch. 1516. ) ## 485.530. (a) The application shall be supported by an affidavit showing both of the following: (1) The plaintiff would suffer great or irreparable injury (within the meaning of Section 485.010) if the issuance of the writ of attachment were delayed until the matter could be heard on notice. (2) The property sought to be attached is not exempt from attachment. (b) The affidavit in support of the showing required by paragraph (2) of subdivision (a) may be based on the affiant’s information and belief. (Amended by Stats. 1976, Ch. 437.)
  152. 485.540.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment [485.010 - 485.610] ( Chapter 5 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 3. Procedure for Obtaining Additional Writs [485.510 - 485.540] ( Article 3 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    The court must examine the application and supporting affidavit and issue a writ of attachment if the stated conditions are met and an undertaking is filed.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment [485.010 - 485.610] ( Chapter 5 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 3. Procedure for Obtaining Additional Writs [485.510 - 485.540] ( Article 3 added by Stats. 1974, Ch. 1516. ) ## 485.540. 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 all of the following: (a) A right to attach order has been issued in the action pursuant to Article 2 (commencing with Section 485.210). (b) The affidavit accompanying the application shows that the property sought to be attached, or the portion thereof to be specified in the writ, is not exempt from attachment. (c) The plaintiff will suffer great or irreparable injury (within the meaning of Section 485.010) if issuance of the writ of attachment is delayed until the matter can be heard on notice. (Amended by Stats. 1976, Ch. 437.)
  153. 485.610.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment [485.010 - 485.610] ( Chapter 5 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 4. Claim of Exemption [485.610- 485.610.] ( Article 4 added by Stats. 1976, Ch. 437. )

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    A defendant may claim exemptions for property taken under a writ of attachment, but a claim for personal property must be made within 30 days after service of the notice of attachment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment [485.010 - 485.610] ( Chapter 5 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 4. Claim of Exemption [485.610- 485.610.] ( Article 4 added by Stats. 1976, Ch. 437. ) ## 485.610. (a) The defendant may claim an exemption as to real or personal property levied upon pursuant to a writ of attachment issued under this chapter by following the procedure set forth in Article 2 (commencing with Section 703.510) of Chapter 4 of Division 2 of Title 9, except that the defendant shall claim the exemption as to personal property not later than 30 days after the levying officer serves the defendant with the notice of attachment describing such property and may claim an exemption for real property within the time provided in Section 487.030. For this purpose, references in Article 2 (commencing with Section 703.510) of Chapter 4 of Division 2 of Title 9 to the “judgment debtor” shall be deemed references to the defendant, and references to the “judgment creditor” shall be deemed references to the plaintiff. (b) The defendant may claim the exemption provided by subdivision (b) of Section 487.020 within the time provided by subdivision (a) of this section either (1) by following the procedure set forth in Article 2 (commencing with Section 703. 510) of Chapter 4 of Division 2 of Title 9 or (2) by following the procedure set forth in subdivision (c) of Section 482.100 except that the requirement of showing changed circumstances under subdivision (a) of Section 482.100 does not apply. (Amended by Stats. 1984, Ch. 538, Sec. 2.)
  154. 486.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 6. Temporary Protective Order [486.010 - 486.110] ( Chapter 6 added by Stats. 1974, Ch. 1516. )

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    A plaintiff may apply for a temporary protective order when seeking a right to attach order, but must file an application with the court and include an affidavit stating the requested relief and showing great or irreparable injury.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 6. Temporary Protective Order [486.010 - 486.110] ( Chapter 6 added by Stats. 1974, Ch. 1516. ) ## 486.010. (a) At the time of applying for a right to attach order under Chapter 4 (commencing with Section 484.010), the plaintiff may apply pursuant to this chapter for a temporary protective order by filing an application for the order with the court in which the action is brought. (b) The application shall state what relief is requested and shall be supported by an affidavit, which may be based on information and belief, showing that the plaintiff would suffer great or irreparable injury (within the meaning of Section 485.010) if the temporary protective order were not issued. (Added by Stats. 1974, Ch. 1516.)
  155. 486.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 6. Temporary Protective Order [486.010 - 486.110] ( Chapter 6 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    The court must review the filing and issue a temporary protective order if specified conditions are met and an undertaking is filed.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 6. Temporary Protective Order [486.010 - 486.110] ( Chapter 6 added by Stats. 1974, Ch. 1516. ) ## 486.020. The court shall examine the application, supporting affidavit, and other papers on record and shall issue a temporary protective order, which shall state the amount sought to be secured by the attachment under the application for the right to attach order, upon the filing of an undertaking as provided by Sections 489.210 and 489.220, if it finds all of the following: (a) The claim upon which the application for attachment is based is one upon which an attachment may be issued. (b) The plaintiff has established the probable validity of the claim upon which the application for the attachment is based. (c) The order is not sought for a purpose other than the recovery upon the claim upon which the application for the attachment is based. (d) The plaintiff will suffer great or irreparable injury (within the meaning of Section 485.010) if the temporary protective order is not issued. (Amended by Stats. 1982, Ch. 1198, Sec. 42.5. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  156. 486.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 6. Temporary Protective Order [486.010 - 486.110] ( Chapter 6 added by Stats. 1974, Ch. 1516. )

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    A court may deny a request for a right to attach order and writ of attachment and issue a temporary protective order instead if the statutory requirements are met and the court finds that doing so is more equitable and just.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 6. Temporary Protective Order [486.010 - 486.110] ( Chapter 6 added by Stats. 1974, Ch. 1516. ) ## 486.030. (a) In any case where the plaintiff has applied for a right to attach order and writ of attachment under Chapter 5 (commencing with Section 485.010), the court may in its discretion deny the application for the order and writ and issue instead a temporary protective order under this chapter if it determines that the requirements of Section 485.220 are satisfied but that the issuance of the temporary protective order instead of the right to attach order and writ would be in the interest of justice and equity to the parties, taking into account the effect on the defendant of issuing a writ of attachment ex parte, the effect on the plaintiff of issuing the temporary protective order instead of the writ, and other factors that bear on equity and justice under the circumstances of the particular case. (b) If the court issues a temporary protective order under this section, the plaintiff’s application for a right to attach order and writ shall be treated as an application for a right to attach order and writ under Article 1 (commencing with Section 484.010) of Chapter 4 and the plaintiff shall comply with the requirements of service provided in Section 484.040. (Added by Stats. 1974, Ch. 1516.)
  157. 486.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 6. Temporary Protective Order [486.010 - 486.110] ( Chapter 6 added by Stats. 1974, Ch. 1516. )

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    A temporary protective order must include provisions the court finds are in the interest of justice and equity.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 6. Temporary Protective Order [486.010 - 486.110] ( Chapter 6 added by Stats. 1974, Ch. 1516. ) ## 486.040. The temporary protective order issued under this chapter shall contain such provisions as the court determines would be in the interest of justice and equity to the parties, taking into account the effects on both the defendant and the plaintiff under the circumstances of the particular case. (Added by Stats. 1974, Ch. 1516.)
  158. 486.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 6. Temporary Protective Order [486.010 - 486.110] ( Chapter 6 added by Stats. 1974, Ch. 1516. )

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    A temporary protective order may bar the defendant from transferring certain property subject to attachment, and it must describe the property clearly.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 6. Temporary Protective Order [486.010 - 486.110] ( Chapter 6 added by Stats. 1974, Ch. 1516. ) ## 486.050. (a) Except as otherwise provided in Section 486.040, the temporary protective order may prohibit a transfer by the defendant of any of the defendant’s property in this state subject to the levy of the writ of attachment. The temporary protective order shall describe the property in a manner adequate to permit the defendant to identify the property subject to the temporary protective order. (b) Notwithstanding subdivision (a), if the property is farm products held for sale or is inventory, the temporary protective order shall not prohibit the defendant from transferring the property in the ordinary course of business, but the temporary protective order may impose appropriate restrictions on the disposition of the proceeds from that type of transfer. (Amended by Stats. 2008, Ch. 179, Sec. 35. Effective January 1, 2009.)
  159. 486.060.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 6. Temporary Protective Order [486.010 - 486.110] ( Chapter 6 added by Stats. 1974, Ch. 1516. )

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    The defendant may issue checks despite a temporary protective order, but only for specified purposes and within a limited amount rule.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 6. Temporary Protective Order [486.010 - 486.110] ( Chapter 6 added by Stats. 1974, Ch. 1516. ) ## 486.060. (a) Notwithstanding any terms of the temporary protective order, the defendant may issue any number of checks against any of the defendant’s accounts in a financial institution in this state to the extent permitted by this section. (b) The defendant may issue any number of checks in any amount for the following purposes: (1) Payment of any payroll expense (including fringe benefits and taxes and premiums for workers’ compensation and unemployment insurance) falling due in the ordinary course of business prior to the levy of a writ of attachment. (2) Payment for goods thereafter delivered to the defendant C.O.D. for use in the defendant’s trade, business, or profession. (3) Payment of taxes if payment is necessary to avoid penalties which will accrue if there is any further delay in payment. (4) Payment of reasonable legal fees and reasonable costs and expenses required for the representation of the defendant in the action. (c) In addition to the checks permitted to be issued by subdivision (b), the defendant may issue any number of checks for any purpose so long as the total amount of the checks does not exceed the greater of the following: (1) The amount by which the total amount on deposit exceeds the sum of the amount sought to be secured by the attachment and the amounts permitted to be paid pursuant to subdivision (b). (2) One thousand dollars ($1,000). (Amended by Stats. 1982, Ch. 1198, Sec. 43. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  160. 486.070.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 6. Temporary Protective Order [486.010 - 486.110] ( Chapter 6 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    A temporary protective order under this chapter binds only the defendant, except as Section 486.110 otherwise provides.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 6. Temporary Protective Order [486.010 - 486.110] ( Chapter 6 added by Stats. 1974, Ch. 1516. ) ## 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. (Amended by Stats. 1976, Ch. 437.)
  161. 486.080.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 6. Temporary Protective Order [486.010 - 486.110] ( Chapter 6 added by Stats. 1974, Ch. 1516. )

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    A temporary protective order must be personally served on the defendant with the documents referred to in Section 484.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 6. Temporary Protective Order [486.010 - 486.110] ( Chapter 6 added by Stats. 1974, Ch. 1516. ) ## 486.080. The temporary protective order shall be personally served on the defendant together with the documents referred to in Section 484.040. (Amended by Stats. 1982, Ch. 1198, Sec. 44. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  162. 486.090.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 6. Temporary Protective Order [486.010 - 486.110] ( Chapter 6 added by Stats. 1974, Ch. 1516. )

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    A temporary protective order expires at the earliest of the listed times, usually 40 days after issuance unless the court sets an earlier date or the plaintiff levies attachment on the specific property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 6. Temporary Protective Order [486.010 - 486.110] ( Chapter 6 added by Stats. 1974, Ch. 1516. ) ## 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 property described in the order, when a levy of attachment upon that property is made by the plaintiff. (Amended by Stats. 1976, Ch. 437.)
  163. 486.100.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 6. Temporary Protective Order [486.010 - 486.110] ( Chapter 6 added by Stats. 1974, Ch. 1516. )

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    The court may modify or vacate a temporary protective order in certain cases.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 6. Temporary Protective Order [486.010 - 486.110] ( Chapter 6 added by Stats. 1974, Ch. 1516. ) ## 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 effect on the defendant of the continuance of the original order, the effect on the plaintiff of modifying or vacating the order, and any other factors. (Added by Stats. 1974, Ch. 1516.)
  164. 486.110.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 6. Temporary Protective Order [486.010 - 486.110] ( Chapter 6 added by Stats. 1974, Ch. 1516. )

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    Serving a temporary protective order on the defendant creates a lien on described property or proceeds owned by the defendant and subject to attachment; the lien generally continues despite transfer or encumbrance, but ends when the order expires except for certain levied property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 6. Temporary Protective Order [486.010 - 486.110] ( Chapter 6 added by Stats. 1974, Ch. 1516. ) ## 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 to this title. The lien continues on property subject to the lien, notwithstanding the transfer or encumbrance of the property subject to the lien, unless the person receiving the property, whether real or personal, is a person listed in Section 697.740. (b) The lien terminates upon the date of expiration of the temporary protective order except with respect to property levied upon while the temporary protective order is in effect under a writ of attachment issued upon application of the plaintiff. (Amended by Stats. 1984, Ch. 538, Sec. 2.5.)
  165. 487.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 7. Property Subject to Attachment [487.010 - 487.030] ( Chapter 7 added by Stats. 1974, Ch. 1516. )

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    This section lists what property of a defendant can be attached, depending on whether the defendant is a corporation, partnership, unincorporated association, or natural person.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 7. Property Subject to Attachment [487.010 - 487.030] ( Chapter 7 added by Stats. 1974, Ch. 1516. ) ## 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 unincorporated association, all partnership or association property for which a method of levy is provided by Article 2 (commencing with Section 488.300) of Chapter 8. (c) Where the defendant is a natural person, all of the following property: (1) Interests in real property except leasehold estates with unexpired terms of less than one year. (2) Accounts receivable, chattel paper, and general intangibles arising out of the conduct by the defendant of a trade, business, or profession, except any such individual claim with a principal balance of less than one hundred fifty dollars ($150). (3) Equipment. (4) Farm products. (5) Inventory. (6) Final money judgments arising out of the conduct by the defendant of a trade, business, or profession. (7) Money on the premises where a trade, business, or profession is conducted by the defendant and, except for the first one thousand dollars ($1,000), money located elsewhere than on such premises and deposit accounts, but, if the defendant has more than one deposit account or has at least one deposit account and money located elsewhere than on the premises where a trade, business, or profession is conducted by the defendant, the court, upon application of the plaintiff, may order that the writ of attachment be levied so that an aggregate amount of one thousand dollars ($1,000) in the form of such money and in such accounts remains free of levy. (8) Negotiable documents of title. (9) Instruments. (10) Securities. (11) Minerals or the like (including oil and gas) to be extracted. (d) In the case of a defendant described in subdivision (c), community property of a type described in subdivision (c) is subject to attachment if the community property would be subject to enforcement of the judgment obtained in the action in which the attachment is sought. Unless the provision or context otherwise requires, if community property that is subject to attachment is sought to be attached: (1) Any provision of this title that applies to the property of the defendant or to obligations owed to the defendant also applies to the community property interest of the spouse of the defendant and to obligations owed to either spouse that are community property. (2) Any provision of this title that applies to property in the possession or under the control of the defendant also applies to community property in the possession or under the control of the spouse of the defendant. (Amended by Stats. 1982, Ch. 1198, Sec. 46. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  166. 487.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 7. Property Subject to Attachment [487.010 - 487.030] ( Chapter 7 added by Stats. 1974, Ch. 1516. )

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    This section exempts certain property from attachment, subject to one cross-reference exception.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 7. Property Subject to Attachment [487.010 - 487.030] ( Chapter 7 added by Stats. 1974, Ch. 1516. ) ## 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 natural person or the family of such defendant supported in whole or in part by the defendant. (c) “Earnings” as defined by Section 706.011. (d) All property not subject to attachment pursuant to Section 487.010. (Amended by Stats. 1986, Ch. 383, Sec. 7.)
  167. 487.025.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 7. Property Subject to Attachment [487.010 - 487.030] ( Chapter 7 added by Stats. 1974, Ch. 1516. )

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    This section says a homestead declaration does not stop a plaintiff from attaching the declared homestead, sets how much of a homestead an attachment lien can reach, preserves the defendant’s exemption rights, and gives the homestead a sale exemption in certain enforcement sales.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 7. Property Subject to Attachment [487.010 - 487.030] ( Chapter 7 added by Stats. 1974, Ch. 1516. ) ## 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 homestead is attached. (b) An attachment lien attaches to a homestead (as defined in Section 704.710) in the amount of any surplus over the total of the following: (1) All liens and encumbrances on the homestead at the time the attachment lien is created. (2) The homestead exemption set forth in Section 704.730. (c) Nothing in subdivision (a) or (b) limits the right of the defendant to an exemption under subdivision (b) of Section 487.020. (d) Notwithstanding subdivision (b), a homestead (as defined in Section 704.710) is exempt from sale to the extent provided in Section 704.800 when it is sought to be sold to enforce the judgment obtained in the action in which the attachment was obtained. (Added by Stats. 1982, Ch. 1198, Sec. 47.5. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  168. 487.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 7. Property Subject to Attachment [487.010 - 487.030] ( Chapter 7 added by Stats. 1974, Ch. 1516. )

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    A defendant may claim certain real-property exemptions before judgment, and may still claim a homestead exemption after judgment in some cases.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 7. Property Subject to Attachment [487.010 - 487.030] ( Chapter 7 added by Stats. 1974, Ch. 1516. ) ## 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 Division 2 of Title 9. A claim of exemption under this subdivision shall be denied if the claim has been denied earlier in the action. (b) At any time prior to the entry of judgment in the action, the defendant may claim the exemption provided by subdivision (b) of Section 487.020 with respect to real property either (1) by following the procedure set forth in Article 2 (commencing with Section 703.510) of Chapter 4 of Division 2 of Title 9 or (2) by following the procedure set forth in subdivision (c) of Section 482.100 except that the requirement of showing changed circumstances under subdivision (a) of Section 482.100 does not apply. A claim of exemption under this subdivision shall be denied if the claim has been denied earlier in the action and there is no change in circumstances affecting the claim. (c) For the purposes of this section, references in Article 2 (commencing with Section 703.510) of Chapter 4 of Division 2 of Title 9 to the “judgment debtor” shall be deemed references to the defendant, and references to the “judgment creditor” shall be deemed references to the plaintiff. (d) Nothing in this section limits the right to claim after the entry of judgment a homestead exemption for real property under Article 4 (commencing with Section 704.710) of Chapter 4 of Division 2 of Title 9 unless prior to entry of judgment the defendant has claimed the exemption provided by subdivision (a) of Section 487.020 with respect to such property and the claim has been denied. (Added by Stats. 1982, Ch. 1198, Sec. 48. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  169. 488.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. )

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    A writ of attachment must include specified information, including issuance details, court and case details, party names and addresses, the amount to be secured, and a description of the property to be levied on.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 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 defendant. (d) The amount to be secured by the attachment. (e) A description of the property to be levied upon to satisfy the attachment. (Repealed and added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  170. 488.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. )

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    A levying officer must levy a writ of attachment without delay after receiving written instructions, and may also be instructed to serve the summons and complaint at the same time as the writ.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 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 the plaintiff has no attorney of record, from the plaintiff, the levying officer to whom the writ is directed and delivered shall levy the writ without delay in the manner provided in this chapter on the property described in the writ or so much thereof as is clearly sufficient to satisfy the amount to be secured by the attachment. The levying officer is not liable for a determination made in good faith under this subdivision. (c) If a copy of the summons and complaint has not previously been served on the defendant, the instructions to the levying officer shall instruct the levying officer to make the service at the same time the levying officer serves the defendant with a copy of the writ of attachment. (Repealed and added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  171. 488.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. )

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    The plaintiff must give the levying officer written instructions, signed by the plaintiff’s lawyer of record or by the plaintiff if there is no lawyer of record.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 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 requested by the levying officer to comply with the provisions of this title, including but not limited to: (1) An adequate description of any property to be levied upon. (2) A statement whether the property is a dwelling. (3) If the property is a dwelling, whether it is real or personal property. (b) Subject to subdivision (c), the levying officer shall act in accordance with the written instructions to the extent the actions are taken in conformance with the provisions of this title. (c) Except to the extent the levying officer has actual knowledge that the information is incorrect, the levying officer may rely on any information contained in the written instructions. (Repealed and added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  172. 488.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. )

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    When service instructions must be given to a levying officer, the plaintiff must provide the person’s correct name and address and use reasonable diligence to find them; the levying officer must rely on those instructions unless they know the name or address is incorrect.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 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 reasonable diligence to ascertain the correct name and address of the person. (b) Unless the levying officer has actual knowledge that the name or address included in the instructions is incorrect, the levying officer shall rely on the instructions in serving the writ, order, notice, or other paper on the person. (Repealed and added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  173. 488.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. )

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    The plaintiff must deposit money with the levying officer before certain attachment duties can be performed, and must make additional deposits if custody of the property continues.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 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 the taking of property into custody by the levying officer under this chapter, whether by keeper or otherwise, the plaintiff shall deposit with the levying officer a sum of money sufficient to pay the costs of taking the property and keeping it safely for a period not to exceed 15 days. If continuation of the custody of the property is required, the levying officer shall, from time to time, demand orally or in writing that the plaintiff deposit additional amounts to cover estimated costs for periods not to exceed 30 days each. A written demand may be mailed or delivered to the plaintiff. The plaintiff has not less than three business days after receipt of the demand within which to comply with the demand. If the amount demanded is not paid within the time specified in the oral or written demand, the levying officer shall release the property. (b) The levying officer is not liable for failure to take or hold property unless the plaintiff has complied with the provisions of this section. (Repealed and added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  174. 488.060.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. )

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    A notice of attachment must tell the notified person their capacity, the property sought to be attached, their rights, and their duties.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 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 claim pursuant to Division 4 (commencing with Section 720.010) of Title 9. (d) The person’s duties under the attachment. (Repealed and added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  175. 488.065.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. )

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    A copy of the original notice of attachment can count as notice of attachment to a defendant or other party if that copy was served after the original notice had been served on a third party holding the property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 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. (Added by Stats. 1984, Ch. 759, Sec. 1.)
  176. 488.070.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. )

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    If a writ of attachment has been issued and the property is in a private place of the defendant, the levying officer must follow Section 699.030, and the plaintiff may seek the relief available under that section.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 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 Section 699.030 in the manner and subject to the requirements of that section. (Repealed and added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  177. 488.080.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. )

    Verify source ↗

    A registered process server may levy under a writ of attachment on listed kinds of property, but must file required papers and pay/deposit the required fee first.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 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 resulting from the sale thereof at the wellhead or minehead, pursuant to Section 488.325. (3) Personal property in the custody of a levying officer, pursuant to Section 488.355. (4) Equipment of a going business, pursuant to Section 488.375. (5) Motor vehicles, vessels, mobilehomes, or commercial coaches used as equipment of a going business, pursuant to Section 488.385. (6) Farm products or inventory of a going business, pursuant to Section 488.405. (7) Personal property used as a dwelling, pursuant to subdivision (a) of Section 700.080. (8) Deposit accounts, pursuant to Section 488.455. (9) Property in a safe-deposit box, pursuant to Section 488.460. (10) Accounts receivable or general intangibles, pursuant to Section 488.470. (11) Final money judgments, pursuant to Section 488.480. (12) Interest of a defendant in personal property in the estate of a decedent, pursuant to Section 488.485. (b) Before levying under the writ of attachment, the registered process server shall cause to be deposited with the levying officer a copy of the writ and the fee, as provided by Section 26721 of the Government Code. (c) If a registered process server levies on property pursuant to subdivision (a), the registered process server shall do both of the following: (1) Comply with the applicable levy, posting, and service provisions of Article 2 (commencing with Section 488.300). (2) Request any third person served to give a garnishee’s memorandum to the levying officer in compliance with Section 488.610 on a form provided by the registered process server. (d) Within five court days after levy under this section, all of the following shall be filed with the levying officer: (1) The writ of attachment. (2) A proof of service by the registered process server stating the manner of levy performed. (3) Proof of service of the copy of the writ and notice of attachment on other persons, as required by Article 2 (commencing with Section 488.300). (4) Instructions in writing, as required by the provisions of Section 488.030. (e) If the fee provided by Section 26721 of the Government Code has been paid, the levying officer shall perform all other duties under the writ as if the levying officer had levied under the writ and shall return the writ to the court. If the registered process server does not comply with subdivisions (b) and (d), the levy is ineffective and the levying officer shall not be required to perform any duties under the writ, and may issue a release for any property sought to be attached. The levying officer is not liable for actions taken in conformance with the provisions of this title in reliance on information provided to the levying officer under subdivision (d), except to the extent that the levying officer has actual knowledge that the information is incorrect. Nothing in this subdivision limits any liability the plaintiff or registered process server may have if the levying officer acts on the basis of incorrect information provided under subdivision (d). (f) The fee for services of a registered process server under this section is a recoverable cost pursuant to Section 1033.5. (Amended by Stats. 2016, Ch. 102, Sec. 1. (AB 2211) Effective January 1, 2017.)
  178. 488.090.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. )

    Verify source ↗

    A levying officer may take property into custody by removing it to safekeeping, installing a keeper, or otherwise obtaining possession or control, unless another statute provides otherwise.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 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) Removing the property to a place of safekeeping. (b) Installing a keeper. (c) Otherwise obtaining possession or control of the property. (Repealed and added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  179. 488.100.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. )

    Verify source ↗

    The levying officer has a special lien on levied personal property, if possession is retained, for unpaid costs not covered by an advance.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 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. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  180. 488.110.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. )

    Verify source ↗

    A third person must claim an interest in attached property using the third-party claim process in Division 4 of Title 9.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 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. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  181. 488.120.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. )

    Verify source ↗

    If the required writ-of-attachment copy and notice are not posted, served, or mailed, the levy’s attachment lien is still not affected.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 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 writ and the notice does not affect the attachment lien created by the levy. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  182. 488.130.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. )

    Verify source ↗

    A levying officer who receives a writ of attachment must return it to the issuing court with a report of actions, and must also return a full inventory of attached property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 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 the levying officer but in no event later than 60 days after the levying officer receives the writ. (b) The levying officer shall make a full inventory of property attached and return the inventory with the writ. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  183. 488.140.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. )

    Verify source ↗

    Levying officers and registered process servers are generally protected from liability when they act in line with this title, rely on the plaintiff’s written instructions, and do not know the information is wrong; a levying officer is also protected from certain property-loss claims unless negligent.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 1. General Provisions [488.010 - 488.140] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 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 plaintiff except to the extent the levying officer or registered process server has actual knowledge that the information is incorrect. Nothing in this subdivision limits any liability the plaintiff may have if the levying officer or registered process server acts on the basis of incorrect information given in the written instructions. (b) Unless the levying officer is negligent in the care or handling of the property, the levying officer is not liable to either the plaintiff or the defendant for loss by fire, theft, injury, or damage of any kind to personal property while (1) in the possession of the levying officer either in a warehouse or other storage place or in the custody of a keeper or (2) in transit to or from a warehouse or other storage place. (Amended by Stats. 1983, Ch. 155, Sec. 5.5. Effective June 30, 1983. Operative July 1, 1983, by Sec. 32 of Ch. 155.)
  184. 488.300.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. )

    Verify source ↗

    This section says that, for this article, certain terms are treated as different terms: judgment creditor means plaintiff, judgment debtor means defendant, notice of levy means notice of attachment, and writ means writ of attachment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 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 plaintiff. (b) “Judgment debtor” shall be deemed references to the defendant. (c) “Notice of levy” shall be deemed references to a notice of attachment. (d) “Writ” shall be deemed references to a writ of attachment. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  185. 488.305.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. )

    Verify source ↗

    The levying officer must serve the defendant with a copy of the writ of attachment and a notice of attachment at the time of levy or soon after.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 488.305. At the time of levy pursuant to this article or promptly thereafter, the levying officer shall serve a copy of the writ of attachment and a notice of attachment on the defendant. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  186. 488.315.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. )

    Verify source ↗

    To attach real property, the levying officer must comply with Section 700.015, and the recorder must index the writ of attachment copy and the notice of attachment as that section requires.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 488.315. To attach real property, the levying officer shall comply with Section 700.015 and the recorder shall index the copy of the writ of attachment and a notice of attachment as provided in that section. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  187. 488.325.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. )

    Verify source ↗

    For certain attachment property, the levying officer must comply with Section 700.020, and the recorder must index the writ of attachment and notice of attachment as that section requires.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 488.325. To attach (1) growing crops, (2) timber to be cut, or (3) minerals or the like (including oil and gas) to be extracted or accounts receivable resulting from the sale thereof at the wellhead or minehead, the levying officer shall comply with Section 700.020 and the recorder shall index the copy of the writ of attachment and a notice of attachment as provided in that section. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  188. 488.335.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. )

    Verify source ↗

    Unless this article provides another attachment method, the levying officer must take tangible personal property under the defendant’s possession or control into custody.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 488.335. Unless another method of attachment is provided by this article, to attach tangible personal property in the possession or under the control of the defendant, the levying officer shall take the property into custody. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  189. 488.345.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. )

    Verify source ↗

    If this article does not provide another attachment method, a levying officer must follow Section 700.040 when attaching tangible personal property held by a third person.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 488.345. Unless another method of attachment is provided by this article, to attach tangible personal property in the possession or under the control of a third person, the levying officer shall comply with Section 700.040. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  190. 488.355.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. )

    Verify source ↗

    To attach personal property held by a levying officer, the plaintiff or levying officer must follow Section 700.050(a). The levying officer in custody of the property must handle writs in the order received and is not subject to Article 4 starting at Section 488.600.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 488.355. (a) To attach personal property in the custody of a levying officer, the plaintiff or levying officer shall comply with subdivision (a) of Section 700.050. (b) The levying officer having custody of the property shall comply with the writs in the order they are received and is not subject to the provisions of Article 4 (commencing with Section 488.600). (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  191. 488.365.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. )

    Verify source ↗

    When attaching certain goods held by a bailee, the levying officer must follow Section 700.060.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 488.365. To attach goods in the possession of a bailee (as defined in Section 7102 of the Commercial Code) other than one who has issued a negotiable document of title therefor, the levying officer shall comply with Section 700.060. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  192. 488.375.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. )

    Verify source ↗

    To attach equipment of a going business, the levying officer must file a notice of attachment with the Secretary of State, and the notice must include specified information.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 488.375. (a) Except as provided by Section 488.385, to attach equipment of a going business in the possession or under the control of the defendant, the levying officer shall file with the office of the Secretary of State a notice of attachment, in the form prescribed by the Secretary of State, which shall contain all of the following: (1) The name and mailing address of the plaintiff. (2) The name and last known mailing address of the defendant. (3) The title of the court where the action is pending and the cause and number of the action. (4) A description of the specific property attached. (5) A statement that the plaintiff has acquired an attachment lien on the specified property of the defendant. (b) Upon presentation of a notice of attachment under this section for filing, and tender of the filing fee to the office of the Secretary of State, the notice of attachment shall be filed, marked, and indexed in the same manner as a financing statement. The fee for filing in the office of the Secretary of State is the same as the fee for filing a financing statement in the standard form. (c) Upon the request of any person, the Secretary of State shall issue a certificate showing whether there is on file in that office on the date and hour stated therein any notice of attachment filed against the equipment of a particular person named in the request. If a notice of attachment is on file, the certificate shall state the date and hour of filing of each such notice and any notice affecting any such notice of attachment and the name and address of the plaintiff. Upon request, the Secretary of State shall furnish a copy of any notice of attachment or notice affecting a notice of attachment. The certificate shall be issued as part of a combined certificate pursuant to Section 9528 of the Commercial Code, and the fee for the certificate and copies shall be in accordance with that section. (d) The fee for filing, indexing, and furnishing filing data for a notice of extension of attachment is the same as the fee for a continuation statement under Section 9525 of the Commercial Code. The fee for filing, indexing, and furnishing filing data for a notice of release of attachment is the same as the fee for a statement of release under Section 9525 of the Commercial Code. (e) If property subject to an attachment lien under this section becomes a fixture (as defined in paragraph (41) of subdivision (a) of Section 9102 of the Commercial Code), the attachment lien under this section is extinguished. (Amended by Stats. 2021, Ch. 124, Sec. 7. (AB 938) Effective January 1, 2022.)
  193. 488.385.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. )

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    When attaching certain vehicles, vessels, mobilehomes, or commercial coaches used in a going business, the levying officer must file a notice with the appropriate department, and the department must file, index, and provide certificates or copies on request for set fees.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 488.385. (a) To attach a vehicle or vessel for which a certificate of ownership has been issued by the Department of Motor Vehicles, or a mobilehome or commercial coach for which a certificate of title has been issued by the Department of Housing and Community Development, which is equipment of a going business in the possession or under the control of the defendant, the levying officer shall file with the appropriate department a notice of attachment, in the form prescribed by the appropriate department, which shall contain all of the following: (1) The name and mailing address of the plaintiff. (2) The name and last known mailing address of the defendant. (3) The title of the court where the action is pending and the cause and number of the action. (4) A description of the specific property attached. (5) A statement that the plaintiff has acquired an attachment lien on the specific property of the defendant. (b) Upon presentation of a notice of attachment, notice of extension, or notice of release under this section for filing and tender of the filing fee to the appropriate department, the notice shall be filed and indexed. The fee for filing and indexing the notice is fifteen dollars ($15). (c) Upon the request of any person, the department shall issue its certificate showing whether there is on file in that department on the date and hour stated therein any notice of attachment filed against the property of a particular person named in the request. If a notice of attachment is on file, the certificate shall state the date and hour of filing of each such notice of attachment and any notice affecting any such notice of attachment and the name and address of the plaintiff. The fee for the certificate issued pursuant to this subdivision is fifteen dollars ($15). Upon request, the department shall furnish a copy of any notice of attachment or notice affecting a notice of attachment for a fee of one dollar ($1) per page. (d) If property subject to an attachment lien under this section becomes a fixture (as defined in paragraph (41) of subdivision (a) of Section 9102 of the Commercial Code), the attachment lien under this section is extinguished. (Amended by Stats. 2003, Ch. 719, Sec. 1. Effective January 1, 2004.)
  194. 488.395.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. )

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    A levying officer must place a keeper in charge when attaching a going business’s farm products or inventory, and the business may keep operating for a limited period if sales are final and for cash or its equivalent.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 488.395. Except as specified in subdivision (e) and as provided by Sections 488.325 and 488.405: (a) To attach farm products or inventory of a going business in the possession or under the control of the defendant, the levying officer shall place a keeper in charge of the property for the period prescribed by subdivisions (b) and (c). During the keeper period, the business may continue to operate in the ordinary course of business provided that all sales are final and are for cash or its equivalent. For the purpose of this subdivision, a check is the equivalent of cash. The levying officer is not liable for accepting payment in the form of a cash equivalent. The keeper shall take custody of the proceeds from all sales unless otherwise directed by the plaintiff. (b) Subject to subdivision (c), the period during which the business may continue to operate under the keeper is: (1) Ten days, if the defendant is a natural person and the writ of attachment has been issued ex parte pursuant to Article 3 (commencing with Section 484.510) of Chapter 4 or pursuant to Chapter 5 (commencing with Section 485.010). (2) Two days, in cases not described in paragraph (1). (c) Unless some other disposition is agreed upon by the plaintiff and the defendant, the levying officer shall take the farm products or inventory into exclusive custody at the earlier of the following times: (1) At any time the defendant objects to placement of a keeper in charge of the business. (2) At the conclusion of the applicable period prescribed by subdivision (b). (d) A defendant described in paragraph (1) of subdivision (b) may claim an exemption pursuant to subdivision (b) of Section 487.020 by following the procedure set forth in subdivision (c) of Section 482.100 except that the requirement of showing changed circumstances under subdivision (a) of Section 482.100 does not apply. Upon a showing that the property is exempt pursuant to subdivision (b) of Section 487.020, the court shall order the release of the exempt property and may make such further order as the court deems appropriate to protect against frustration of the collection of the plaintiff’s claim. The order may permit the plaintiff to attach farm products or inventory of the going business and proceeds or after-acquired property, or both, by filing pursuant to Section 488.405 and may provide reasonable restrictions on the disposition of the property previously attached. (e) This section does not apply to the placement of a keeper in a business for the purpose of attaching tangible personal property consisting solely of money or equivalent proceeds of sales, which shall be conducted in the same manner as provided in Section 700.070. (Amended by Stats. 1996, Ch. 1159, Sec. 10. Effective January 1, 1997.)
  195. 488.405.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. )

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    This section lets a levying officer attach certain farm products or inventory by filing a notice with the Secretary of State.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 488.405. (a) This section provides an alternative method of attaching farm products or inventory of a going business in the possession or under the control of the defendant, but this section does not apply to property described in Section 488.325. This section applies if the plaintiff instructs the levying officer to attach the farm products or inventory under this section. (b) To attach under this section farm products or inventory of a going business in the possession or under the control of the defendant, the levying officer shall file a notice of attachment with the Secretary of State. (c) Except as provided in subdivisions (d) and (e), the filing of the notice of attachment gives the plaintiff an attachment lien on all of the following: (1) The farm products or inventory described in the notice. (2) Identifiable cash proceeds (as that term is used in Section 9315 of the Commercial Code). (3) If permitted by the writ of attachment or court order, after-acquired property. (d) The attachment lien created by the filing of the notice of attachment under this section does not extend to either of the following: (1) A vehicle or vessel required to be registered with the Department of Motor Vehicles or a mobilehome or commercial coach required to be registered pursuant to the Health and Safety Code. (2) The inventory of a retail merchant held for sale except to the extent that the inventory of the retail merchant consists of durable goods having a unit retail value of at least five hundred dollars ($500). For the purposes of this paragraph, “retail merchant” does not include (A) a person whose sales for resale exceeded 75 percent in dollar volume of the person’s total sales of all goods during the 12 months preceding the filing of the notice of attachment or (B) a cooperative association organized pursuant to Chapter 1 (commencing with Section 54001) of Division 20 of the Food and Agricultural Code (agricultural cooperative associations) or Part 3 (commencing with Section 13200) of Division 3 of Title 1 of the Corporations Code (Fish Marketing Act). (e) If property subject to an attachment lien under this section becomes a fixture (as defined in paragraph (41) of subdivision (a) of Section 9102 of the Commercial Code), the attachment lien under this section is extinguished. (f) The notice of attachment shall be in the form prescribed by the Secretary of State and shall contain all of the following: (1) The name and mailing address of the plaintiff. (2) The name and last known mailing address of the defendant. (3) The title of the court where the action is pending and the cause and number of the action. (4) A description of the farm products and inventory attached. (5) A statement that the plaintiff has acquired an attachment lien on the described property and on identifiable cash proceeds (as that term is used in Section 9315 of the Commercial Code) and, if permitted by the writ of attachment or court order, on after-acquired property. (g) Upon presentation of a notice of attachment under this section for filing and tender of the filing fee to the office of the Secretary of State, the notice of attachment shall be filed, marked, and indexed in the same manner as a financing statement. The fee for filing in the office of the Secretary of State is the same as the fee for filing a financing statement in the standard form. (h) Upon the request of any person, the Secretary of State shall issue a certificate showing whether there is on file in that office on the date and hour stated therein any notice of attachment filed against the farm products or inventory of a particular person named in the request. If a notice of attachment is on file, the certificate shall state the date and hour of filing of each such notice of attachment and any notice affecting any such notice of attachment and the name and address of the plaintiff. Upon request, the Secretary of State shall furnish a copy of any notice of attachment or notice affecting a notice of attachment. The certificate shall be issued as part of a combined certificate pursuant to Section 9528 of the Commercial Code, and the fee for the certificate and copies shall be in accordance with that section. (i) The fee for filing, indexing, and furnishing filing data for a notice of extension of attachment is the same as the fee for a continuation statement under Section 9525 of the Commercial Code. The fee for filing, indexing, and furnishing filing data for a notice of release of attachment is the same as the fee for a statement of release under Section 9525 of the Commercial Code. (Amended by Stats. 2021, Ch. 124, Sec. 8. (AB 938) Effective January 1, 2022.)
  196. 488.415.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. )

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    When attaching personal property used as a dwelling, the levying officer must comply with Section 700.080.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 488.415. To attach personal property used as a dwelling, the levying officer shall comply with Section 700.080. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  197. 488.425.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. )

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    When certain attached vehicles, vessels, mobilehomes, or commercial coaches have active ownership/title certificates, the levying officer must follow Section 700.090.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 488.425. If a vehicle or vessel is attached and a certificate of ownership has been issued by the Department of Motor Vehicles for the vehicle or vessel and the certificate of ownership is still in effect, or if a mobilehome or commercial coach is attached and a certificate of title has been issued by the Department of Housing and Community Development for the mobilehome or commercial coach and the certificate of title is still in effect, the levying officer shall comply with Section 700.090. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  198. 488.435.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. )

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    When attaching chattel paper, the levying officer must comply with Section 700.100.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 488.435. (a) To attach chattel paper, the levying officer shall comply with Section 700.100. (b) In addition to any other rights created by a levy on chattel paper, the levy creates a lien on the defendant’s rights in specific goods subject to the chattel paper. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  199. 488.440.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. )

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    A levying officer must comply with Section 700.110 when attaching an instrument.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 488.440. To attach an instrument, the levying officer shall comply with Section 700.110. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  200. 488.445.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. )

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    To attach a negotiable document of title, the levying officer must comply with Section 700.120.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6.5. ATTACHMENT [481.010 - 493.060] ( Title 6.5 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50. ) ## ARTICLE 2. Methods of Levy [488.300 - 488.485] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 488.445. To attach a negotiable document of title, the levying officer shall comply with Section 700.120. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)

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