Code of Civil Procedure — Part 11 | CCP — United States — California law | Esheria

Code of Civil Procedure

Part 11 of 17 · provisions 2,001–2,200

This provision defines which days count as holidays under the code.

Jurisdiction
United States — California
Instrument
Code
Citation
CCP
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
COVID-19 rental debt IOLTA funds LLC interests Property acquisition School districts abandonment abstracts of judgment accessibility accessibility accommodations accessibility litigation account statements accounting accounting disclosure accounts accounts receivable acknowledgment and promise acknowledgment of receipt adjournment adjudication administrative appeals administrative authority administrative costs administrative election administrative hearings +2,381 more

Statute overview

About this statute

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.

Read the provisions Ask with citations

Legal text

Provisions of Code of Civil Procedure

Showing 200 of 3,346

  1. 488.450.

    ## 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 Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010 - 488.740] ( Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50.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 a security, the levying officer must comply with Section 8112 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 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. ) ## 488.450. To attach a security, the levying officer shall comply with Section 8112 of the Commercial Code. The legal process referred to in Section 8112 of the Commercial Code means the legal process required by the state in which the chief executive office of the issuer of the security is located and, where that state is California, means personal service by the levying officer of a copy of the writ of attachment and notice of attachment on the person who is to be served. (Amended by Stats. 1996, Ch. 497, Sec. 1.5. Effective January 1, 1997.)
  2. 488.455.

    ## 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 ↗

    A levying officer must serve the writ and notice on the financial institution to attach a deposit account, and the financial institution must not honor covered withdrawals while the attachment lien is in effect.

    ## 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. ) ## 488.455. (a) Subject to Sections 488.465 and 684.115, to attach a deposit account, the levying officer shall personally serve a copy of the writ of attachment and a notice of attachment on the financial institution with which the deposit account is maintained. (b) The attachment lien that arises upon service of a writ of attachment and notice of attachment reaches only amounts in a deposit account at the time of service on the financial institution, including the amount of any deposit not yet finally collected, unless the deposit is returned unpaid to the financial institution. (c) The levying officer shall serve a copy of the writ of attachment and a notice of attachment on any third person in whose name any deposit account described therein stands. That service shall be made personally or by mail as follows: (1) At the time of levy or promptly thereafter, if the party seeking the levy informs the levying officer of that person and his, her, or its residence or business address. (2) Promptly following the levying officer’s receipt of a garnishee’s memorandum if service was not accomplished pursuant to paragraph (1), if the garnishee’s memorandum identifies that person and his, her, or its residence or business address. (d) The financial institution shall not honor a withdrawal request or a check or other order for the payment of money from the deposit account if presentation of that withdrawal request or item to the financial institution occurs during the time the attachment lien is in effect unless, following that withdrawal or payment, sufficient funds are available to cover the levy. For these purposes, a withdrawal from the deposit account to cover the financial institution’s standard fee or charge for processing the levy shall not be considered a payment of money from the account in violation of this subdivision. (e) During the time the attachment lien is in effect, the financial institution is not liable to any person for any of the following: (1) Performance of the duties of a garnishee under the levy. (2) Nonpayment of a check or other order for the payment or transfer of money drawn or presented against the deposit account if the nonpayment is pursuant to the requirements of subdivision (d). (3) Refusal to pay a withdrawal from the deposit account if the refusal is pursuant to the requirements of subdivision (d). (f) For the purposes of this section, none of the following is a third person in whose name the deposit account stands: (1) A person who is only a person named as the beneficiary of a Totten trust account. (2) A person who is only a payee designated in a pay-on-death provision in an account pursuant to Section 18318.5 of the Financial Code or Section 5140 of the Probate Code, or other similar provision. (3) A person who is only acting in a representative or custodial capacity with respect to benefits paid or payable by the United States government. Rather, accounts maintained by the representative or custodian shall be deemed to stand in that beneficiary’s name, and the amounts therein shall be covered by a levy against that beneficiary. (g) For purposes of this section, final payment of a deposit shall be deemed to have occurred in accordance with Section 4215 or 11210 of the Commercial Code or with automated clearinghouse or Federal Reserve System rule, regulation, operating circular, or similar governing document, as applicable to the deposit. If, for any reason, a deposit is returned by the financial institution upon which it is drawn, that deposit shall not be deemed finally collected for purposes of this subdivision regardless of any later payment by the financial institution upon which the deposit is drawn. (h) When a deposit account has been attached, as an alternative to paying the amount of the deposit account that is attached to the levying officer as required by Section 488.600, the financial institution may continue to hold the deposit account until the deposit account is levied upon after judgment in the action or is earlier released, the deposit account to be held in one of the following manners: (1) If the entire deposit account is attached, the financial institution may hold the deposit account on the terms applicable before the attachment, subject to the requirements of subdivision (d). (2) If less than the entire deposit account is attached: (A) With the consent of the defendant, and any third person in whose name the deposit account stands, the financial institution may hold in the deposit account on the same terms an amount larger than the attached amount as necessary to avoid a penalty or a reduction of the rate of interest. (B) If the defendant, and any third person in whose name the deposit account stands, do not consent as provided in subparagraph (A), the financial institution may hold the attached amount on the same terms affecting the deposit account before the attachment, subject to the requirements of subdivision (d). (3) The financial institution may hold the attached deposit account in any other manner agreed upon by the plaintiff, the defendant, and any third person in whose name the deposit account stands. (i) Subdivision (h) does not prevent a financial institution that is holding an attached deposit account as provided in subdivision (h) from paying the attached amount to the levying officer before the time the financial institution otherwise is required to pay the amount under subdivision (h). (Amended by Stats. 2012, Ch. 484, Sec. 2. (AB 2364) Effective January 1, 2013.)
  3. 488.460.

    ## 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 tells the levying officer how to serve attachment papers for a safe-deposit box and restricts the financial institution from allowing removal of contents while the attachment lien is in effect.

    ## 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. ) ## 488.460. (a) Subject to Sections 488.465 and 684.115, to attach property in a safe-deposit box, the levying officer shall personally serve a copy of the writ of attachment and a notice of attachment on the financial institution with which the safe-deposit box is maintained. (b) At the time of levy or promptly thereafter, the levying officer shall serve a copy of the writ of attachment and a notice of attachment on any third person in whose name the safe-deposit box stands. (c) During the time the attachment lien is in effect, the financial institution may not permit the removal of any of the contents of the safe-deposit box except as directed by the levying officer. (d) Upon receipt of a garnishee’s memorandum from the financial institution, as required by Section 488.610, indicating a safe-deposit box is under levy, the levying officer shall promptly mail a written notice to the judgment creditor demanding an additional fee as required by Section 26723 of the Government Code, plus the costs to open the safe-deposit box and seize and store the contents. The levying officer shall release the levy on the safe-deposit box if the plaintiff does not pay the required fee, plus costs, within three business days plus the extended time period specified in subdivision (a) of Section 1013 for service by mail by the levying officer. (e) The levying officer may first give the person in whose name the safe-deposit box stands an opportunity to open the safe-deposit box to permit the removal pursuant to the attachment of the attached property. The financial institution may refuse to permit the forcible opening of the safe-deposit box to permit the removal of the attached property unless the plaintiff or levying officer pays in advance the cost of forcibly opening the safe-deposit box and of repairing any damage caused thereby. (f) During the time the attachment lien is in effect, the financial institution is not liable to any person for any of the following: (1) Performance of the duties of a garnishee under the attachment. (2) Refusal to permit access to the safe-deposit box by the person in whose name it stands. (3) Removal of any of the contents of the safe-deposit box pursuant to the attachment. (g) If the levying officer removes any property from the safe-deposit box to satisfy the levy, but allows other property to remain in the safe-deposit box, the attachment lien is released automatically with respect to any property that remains in the safe-deposit box. (Amended by Stats. 2012, Ch. 484, Sec. 3. (AB 2364) Effective January 1, 2013.)
  4. 488.465.

    ## 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 ↗

    Certain deposit accounts and safe-deposit boxes can be levied only with a court order, unless subdivision (b) applies.

    ## 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. ) ## 488.465. (a) Except as provided in subdivision (b), a deposit account or safe-deposit box standing in the name of a person other than the defendant, either alone or together with other third persons, is not subject to levy under Section 488.455 or 488.460 unless the levy is authorized by court order. The levying officer shall serve a copy of the court order on the third person at the time the copy of the writ of attachment and the notice of attachment are served on the third person. (b) A court order is not required as a prerequisite to levy on a deposit account or safe-deposit box standing in the name of any of the following: (1) The defendant, whether alone or together with third persons. (2) The defendant’s spouse, whether alone or together with other third persons. An affidavit showing that the person in whose name the account stands is the defendant’s spouse shall be delivered to the financial institution at the time of levy. (3) A fictitious business name if an unexpired fictitious business name statement filed pursuant to Chapter 5 (commencing with Section 17900) of Part 3 of Division 7 of the Business and Professions Code lists as the persons doing business under the fictitious business name either (A) the defendant or (B) the defendant’s spouse or (C) the defendant and the defendant’s spouse, but does not list any other person. A copy of a fictitious business name statement, certified as provided in Section 17926 of the Business and Professions Code, that satisfies these requirements shall be delivered to the financial institution at the time of levy and, if a person other than the defendant is listed in the statement, an affidavit showing that the other person is the defendant’s spouse shall also be delivered to the financial institution at the time of levy. (c) In any case where a deposit account in the name of a person other than the defendant, whether alone or together with the defendant, is levied upon, the financial institution shall not pay to the levying officer the amount levied upon until being notified to do so by the levying officer. The levying officer may not require the financial institution to pay the amount levied upon until the expiration of 15 days after service of notice of attachment on the third person. (Repealed and added by Stats. 1984, Ch. 538, Sec. 6.3.)
  5. 488.470.

    ## 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 ↗

    A levying officer must personally serve the writ of attachment and notice of attachment on the account debtor when attaching an account receivable or general intangible, unless this article provides another method.

    ## 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. ) ## 488.470. (a) Unless another method of attachment is provided by this article, to attach an account receivable or general intangible, the levying officer shall personally serve a copy of the writ of attachment and a notice of attachment on the account debtor. (b) If an attachment is made under subdivision (a) and payments on the account receivable or general intangible are made to a person other than the defendant (whether pursuant to a security agreement, assignment for collection, or otherwise), the levying officer shall, if so instructed by the plaintiff, personally serve a copy of the writ of attachment and a notice of attachment on such third person. Service of the copy of the writ and notice of attachment on the third person is an attachment of any amounts owed to the defendant by the third person. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  6. 488.475.

    ## 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 ↗

    Some property may still be attached despite a pending action, but attachment of other property in a pending action or special proceeding is ineffective.

    ## 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. ) ## 488.475. (a) The following property may be attached pursuant to this article notwithstanding that the property levied upon is the subject of a pending action or special proceeding: (1) Real property. (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. (3) Tangible personal property in the possession or under the control of the defendant or in the custody of a levying officer. (4) The interest of a defendant in personal property in the estate of a decedent, whether the interest arises by testate or intestate succession. (b) Except as provided in subdivision (a), attachment of property that is the subject of an action or special proceeding pending at the time of the attachment is not effective. (c) If attachment is attempted but is ineffective under subdivision (b) and the levying officer has requested a garnishee’s memorandum under Section 488.610 in connection with the ineffective attachment, the garnishee’s memorandum shall include the following information in addition to that required by Section 488.610: (1) A statement that the attachment of the property is not effective because the property is the subject of a pending action or special proceeding. (2) The title of the court and the cause and number of the pending action or proceeding. (d) For the purpose of this section, an action or proceeding is pending from the time the action or proceeding is commenced until judgment has been entered and the time for appeal has expired or, if an appeal is filed, until the appeal has been finally determined. (e) Nothing in this section affects or limits the right of the plaintiff to obtain a lien pursuant to Article 3 (commencing with Section 491.410) of Chapter 11. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  7. 488.480.

    ## 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 requires the levying officer to file attachment papers with the court, requires the court clerk to note the attachment lien on the judgment, and requires service on the judgment debtor.

    ## 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. ) ## 488.480. (a) As used in this section, “final money judgment” means a money judgment after the time for appeal from the judgment has expired or, if an appeal is filed, after the appeal has been finally determined. (b) To attach a final money judgment, the levying officer shall file a copy of the writ of attachment and a notice of attachment with the clerk of the court that entered the final money judgment. The court clerk shall endorse upon the judgment a statement of the existence of the attachment lien and the time it was created. If an abstract of the judgment is issued, it shall include a statement of the attachment lien in favor of the plaintiff. (c) At the time of levy or promptly thereafter, the levying officer shall serve a copy of the writ of attachment and a notice of attachment on the judgment debtor obligated to pay the final money judgment attached. (Amended by Stats. 1984, Ch. 538, Sec. 6.5.)
  8. 488.485.

    ## 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 attachment in a decedent’s estate, the levying officer must serve the personal representative, the representative must report the attachment to the court, and the defendant may claim an exemption within 10 days after notice.

    ## 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. ) ## 488.485. (a) To attach the interest of the defendant in personal property in the estate of a decedent, whether the interest arises by testate or intestate succession, the levying officer shall personally serve a copy of the writ of attachment and a notice of attachment on the personal representative of the decedent. The attachment does not impair the powers of the representative over the property for the purposes of administration. (b) The personal representative shall report the attachment to the court in which the estate is being administered when any petition for distribution is filed. If a decree orders distribution to the defendant, the court making the decree shall order the attached property to be deliverd to the levying officer. The property may not be delivered to the levying officer until the decree distributing the propety has become final. To the extent the property delivered to the levying officer is not necessary to satisfy the attachment, it shall be released to the defendant. (c) Promptly after the property is delivered to the levying officer pursuant to subdivision (b), the levying officer shall serve a notice describing the property on the defendant. Notwithstanding Sections 484.070, 484.350, 484.530, and 485.610, a claim of exemption for the property described in the notice may be made within 10 days after the notice was served on the defendant. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  9. 488.500.

    ## 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 3. Lien of Attachment [488.500 - 488.510] ( Article 3 added by Stats. 1982, Ch. 1198, Sec. 50. )

    Verify source ↗

    A levy under a writ of attachment creates an attachment lien, and later transfer or encumbrance usually does not remove that lien.

    ## 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 3. Lien of Attachment [488.500 - 488.510] ( Article 3 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 488.500. (a) A levy on property under a writ of attachment creates an attachment lien on the property from the time of levy until the expiration of the time provided by Section 488.510. (b) Except as provided in subdivisions (c) and (d), if property subject to an attachment lien is transferred or encumbered, the property transferred or encumbered remains subject to the lien after the transfer or encumbrance to the same extent that the property would remain subject to an execution lien pursuant to Sections 697.720 to 697.750, inclusive. (c) Except as otherwise provided in this title, if equipment is attached pursuant to Section 488.375 or farm products or inventory is attached pursuant to Section 488.405, the attachment lien on the property covered by the attachment lien has the same force and effect as a judgment lien on personal property created at the same time would have pursuant to Sections 697.590 to 697.620, inclusive. (d) If equipment consisting of a vehicle, vessel, mobilehome, or commercial coach is attached pursuant to Section 488.385, the attachment lien on the specified property does not affect the rights of a person who is a bona fide purchaser or encumbrancer and obtains possession of both the property and its certificate of ownership issued by the Department of Motor Vehicles or its certificate of title or registration card issued by the Department of Housing and Community Development. If the levying officer obtains possession of the certificate of ownership or certificate of title or registration card, the attachment lien has the priority of the lien of a lien creditor under Sections 9317 and 9323 of the Commercial Code as of the time possession is obtained by the levying officer. If the levying officer does not obtain possession of the certificate of ownership or certificate of title or registration card, the attachment lien has the same force and effect as an unperfected security interest that attached at the same time as the notice of attachment was filed. (e) If an attachment lien is created on property that is subject to the lien of a temporary protective order or a lien under Article 1 (commencing with Section 491.110) of Chapter 11, the priority of the attachment lien relates back to the date the earlier lien was created. Nothing in this subdivision affects priorities or rights of third persons established while the lien of the temporary protective order or the lien under Article 1 (commencing with Section 491.110) of Chapter 11 was in effect as determined under the law governing the effect of such lien. (Amended by Stats. 1999, Ch. 991, Sec. 15. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  10. 488.510.

    ## 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 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 3. Lien of Attachment [488.500 - 488.510] ( Article 3 added by Stats. 1982, Ch. 1198, Sec. 50. )

    Verify source ↗

    An attachment generally ends 3 years after the writ is issued, unless it is sooner released or discharged, and the court can extend it for good cause.

    ## 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 3. Lien of Attachment [488.500 - 488.510] ( Article 3 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 488.510. (a) Unless sooner released or discharged, any attachment shall cease to be of any force or effect, and the property levied upon shall be released from the operation of the attachment, at the expiration of three years from the date of issuance of the writ of attachment under which the levy was made. (b) Notwithstanding subdivision (a), upon motion of the plaintiff, made not less than 10 or more than 60 days before the expiration of the three-year period and upon notice of not less than five days to the defendant whose property is attached, the court in which the action is pending may, by order filed prior to the expiration of the period and for good cause, extend the time of the attachment for a period not exceeding one year from the date on which the attachment would otherwise expire. (c) The levying officer shall serve notice of the order upon any person holding property pursuant to an attachment and shall record or file the notice in any office where the writ and notice of attachment are recorded or filed prior to the expiration of the period described in subdivision (a) or any extension thereof. Where the attached property is real property, the plaintiff or the plaintiff’s attorney, instead of the levying officer, may record the required notice. (d) Any attachment may be extended from time to time in the manner prescribed in this section, but the maximum period of the attachment, including the extensions, shall not exceed eight years from the date of issuance of the writ of attachment under which the levy of attachment was made. (e) The death of the defendant whose property is attached does not terminate the attachment. (Repealed and added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  11. 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 4. Duties and Liabilities of Third Persons After Levy [488.600 - 488.620] ( Article 4 added by Stats. 1982, Ch. 1198, Sec. 50. )

    Verify source ↗

    This section rewrites certain terms used in attachment-levy rules so those rules apply in attachment 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 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 4. Duties and Liabilities of Third Persons After Levy [488.600 - 488.620] ( Article 4 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 488.600. (a) Sections 701.010, 701.020, 701.040, 701.050, 701.060, and 701.070 prescribe duties and liabilities of a third person under a levy made under this title. (b) For the purposes of this section, references in Sections 701.010, 701.020, 701.040, 701.050, and 701.060 to: (1) “Amount required to satisfy the judgment” shall be deemed references to the amount required to satisfy the amount to be secured by the attachment. (2) “Execution lien” or “lien” shall be deemed references to the attachment lien. (3) “Judgment creditor” shall be deemed references to the plaintiff. (4) “Judgment debtor” shall be deemed references to the defendant. (5) “Levy” shall be deemed references to levy of attachment. (6) “Notice of levy” shall be deemed references to notice of attachment. (7) “Release” of property shall be deemed references to release of property pursuant to this title. (8) “Satisfaction or discharge of the judgment” shall be deemed references to the satisfaction or termination of the attachment. (9) “Writ” or “writ of execution” shall be deemed references to a writ of attachment. (c) For the purposes of this section, references in Section 701.070 to: (1) “Levy” shall be deemed references to levy of attachment. (2) “Notice of the levy” shall be deemed references to notice of attachment. (Amended by Stats. 2012, Ch. 484, Sec. 4. (AB 2364) Effective January 1, 2013.)
  12. 488.610.

    ## 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 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 4. Duties and Liabilities of Third Persons After Levy [488.600 - 488.620] ( Article 4 added by Stats. 1982, Ch. 1198, Sec. 50. )

    Verify source ↗

    A third person served with an attachment request must provide a sworn garnishee’s memorandum to the levying officer within 10 days, unless a stated exception applies.

    ## 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 4. Duties and Liabilities of Third Persons After Levy [488.600 - 488.620] ( Article 4 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 488.610. (a) At the time of service of a copy of the writ of attachment and a notice of attachment on a third person, the levying officer shall request the third person to give the levying officer a garnishee’s memorandum containing the information required by this section. Within 10 days after the request is made, the third person shall mail or deliver the garnishee’s memorandum to the levying officer whether or not the levy is effective. (b) The garnishee’s memorandum shall be executed under oath and shall contain the following information: (1) A description of any property of the defendant sought to be attached that is not delivered to the levying officer and the reason for not delivering the property. (2) A statement of the amount and terms of any obligation to the defendant sought to be attached that is due and payable and is not paid to the levying officer and the reason for not paying the obligation. (3) A statement of the amount and terms of any obligation to the defendant sought to be attached that is not due and payable at the time of levy. (4) A description of claims and rights of other persons to the attached property or obligation that are known to the third person and the names and addresses of those other persons. (5) A statement that the garnishee holds neither any property nor any obligations in favor of the judgment debtor. (c) If a garnishee’s memorandum is received from the third person, the levying officer shall promptly mail or deliver a copy of the memorandum to the plaintiff and attach the original to the writ when it is returned to the court. If a garnishee’s memorandum is not received from the third person, the levying officer shall so state in the return. (d) Except as provided in subdivisions (e) and (f), if a third person does not give the levying officer a garnishee’s memorandum within the time provided in subdivision (a) or does not provide complete information, the third person may, in the court’s discretion, be required to pay the costs and reasonable attorney’s fees incurred in any proceedings to obtain the information required in the garnishee’s memorandum. (e) Notwithstanding subdivision (a), where a deposit account or property in a safe-deposit box is attached, the financial institution need not give a garnishee’s memorandum to the levying officer if the financial institution fully complies with the levy and, if a garnishee’s memorandum is required, the garnishee’s memorandum need provide information with respect only to property which is carried on the records available at the office or branch where the levy is made, unless the levy has been served at a central location designated by a financial institution in accordance with Section 684.115, in which case the garnishee’s memorandum shall apply to all offices and branches of the financial institution except to the extent acceptance of the levy at that central location is limited pursuant to paragraph (3) of subdivision (b) of Section 684.115. (f) Notwithstanding subdivision (a), the third person need not give a garnishee’s memorandum to the levying officer if both of the following conditions are satisfied: (1) The third person has delivered to the levying officer all of the property sought to be attached. (2) The third person has paid to the levying officer the amount due at the time of levy on any obligation to the defendant that was attached and there is no additional amount that thereafter will become payable on the obligation levied upon. (Amended by Stats. 2024, Ch. 222, Sec. 1. (AB 2067) Effective January 1, 2025.)
  13. 488.620.

    ## 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 4. Duties and Liabilities of Third Persons After Levy [488.600 - 488.620] ( Article 4 added by Stats. 1982, Ch. 1198, Sec. 50. )

    Verify source ↗

    A third person who gives a garnishee’s memorandum under this title is not liable for disclosing information in it.

    ## 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 4. Duties and Liabilities of Third Persons After Levy [488.600 - 488.620] ( Article 4 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 488.620. A third person who gives a garnishee’s memorandum pursuant to this title is not liable to any person for the disclosure in the garnishee’s memorandum of any information contained in the garnishee’s memorandum. (Added by Stats. 1983, Ch. 155, Sec. 8.3. Effective June 30, 1983. Operative July 1, 1983, by Sec. 32 of Ch. 155.)
  14. 488.700.

    ## 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 5. Management and Disposition of Attached Property [488.700 - 488.740] ( Article 5 added by Stats. 1982, Ch. 1198, Sec. 50. )

    Verify source ↗

    If attached property is perishable or likely to lose value, the court or levying officer may take steps to preserve it, including sale, and the court may appoint a receiver.

    ## 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 5. Management and Disposition of Attached Property [488.700 - 488.740] ( Article 5 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 488.700. (a) If property has been or is sought to be attached, the court may appoint a receiver or order the levying officer to take any action the court orders that is necessary to preserve the value of the property, including but not limited to selling the property, if the court determines that the property is perishable or will greatly deteriorate or greatly depreciate in value or that for some other reason the interests of the parties will be best served by the order. An order may be made under this subdivision upon application of the plaintiff, the defendant, or a person who has filed a third-party claim pursuant to Division 4 (commencing with Section 720.010) of Title 9. The application shall be made on noticed motion if the court so directs or a court rule so requires. Otherwise, the application may be made ex parte. (b) If the levying officer determines that property is extremely perishable or will greatly deteriorate or greatly depreciate in value before a court order pursuant to subdivision (a) could be obtained, the levying officer may take any action necessary to preserve the value of the property or may sell the property. The levying officer is not liable for a determination made in good faith under this subdivision. (c) Except as otherwise provided by order of the court, a sale of the property pursuant to this section shall be made in the manner provided by Article 6 (commencing with Section 701.510) of Chapter 3 of Division 2 of Title 9 and the proceeds shall be deposited in the court to abide the judgment in the action. Notwithstanding subdivisions (b) and (d) of Section 701.530, notice of sale shall be posted and served at a reasonable time before sale, considering the character and condition of the property. (d) If a receiver is appointed, the court shall fix the daily fee of the receiver and may order the plaintiff to pay the fees and expenses of the receiver in advance or may direct that the whole or any part of the fees and expenses be paid from the proceeds of any sale of the property. Except as otherwise provided in this section, the provisions of Chapter 5 (commencing with Section 564) and Chapter 5a (commencing with Section 571) of Title 7 govern the appointment, qualifications, powers, rights, and duties of a receiver appointed under this section. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  15. 488.710.

    ## 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 5. Management and Disposition of Attached Property [488.700 - 488.740] ( Article 5 added by Stats. 1982, Ch. 1198, Sec. 50. )

    Verify source ↗

    A levying officer must promptly endorse and present certain instruments for payment, and must follow specific endorsement and holding rules before returning the instrument if the defendant does not endorse it.

    ## 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 5. Management and Disposition of Attached Property [488.700 - 488.740] ( Article 5 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 488.710. (a) As used in this section, “instrument” means a check, draft, money order, or other order for the withdrawal of money from a financial institution, the United States, any state, or any public entity within any state. (b) If an instrument is payable to the defendant on demand and comes into the possession of a levying officer pursuant to this title, the levying officer shall promptly endorse and present the instrument for payment. (c) The levying officer shall endorse the instrument by writing on the instrument (1) the name of the defendant, (2) the name and official title of the levying officer, and (3) the title of the court and the cause in which the writ was issued. The endorsement is as valid as if the instrument were endorsed by the defendant. No financial institution or public entity on which the instrument is drawn is liable to any person for payment of the instrument to the levying officer rather than to the defendant by reason of the endorsement. No levying officer is liable by reason of endorsing, presenting, and obtaining payment of the instrument. The funds or credit resulting from the payment of the instrument shall be held by the levying officer subject to the lien of attachment. (d) If it appears from the face of the instrument that it has been tendered to the defendant in satisfaction of a claim or demand and that endorsement of the instrument is considered a release and satisfaction by the defendant of the claim or demand, the levying officer shall not endorse the instrument unless the defendant has first endorsed it to the levying officer. If the defendant does not endorse the instrument to the levying officer, the levying officer shall hold the instrument for 30 days and is not liable to the defendant or to any other person for delay in presenting it for payment. At the end of the 30-day holding period, the levying officer shall return the instrument to the maker. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  16. 488.720.

    ## 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 5. Management and Disposition of Attached Property [488.700 - 488.740] ( Article 5 added by Stats. 1982, Ch. 1198, Sec. 50. )

    Verify source ↗

    A defendant may ask the court to release attached property if the defendant’s interest in it clearly exceeds what is needed to secure the debt.

    ## 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 5. Management and Disposition of Attached Property [488.700 - 488.740] ( Article 5 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 488.720. (a) The defendant may apply by noticed motion to the court in which the action is pending or in which the judgment in the action was entered for an order releasing the attachment of property to the extent that the value of the defendant’s interest in the property clearly exceeds the amount necessary to satisfy the amount to be secured by the attachment. (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. (c) At the hearing on the motion, the court shall determine the value of the defendant’s interest in the property and order the release of the attachment of the property to the extent that the value of the defendant’s interest in the property attached clearly exceeds the amount necessary to satisfy the amount to be secured by the attachment. After entry of judgment in the action in which the property was attached, the court shall also take into consideration in determining whether the attachment is clearly excessive the value of any property not attached in the action that (1) has been levied upon pursuant to a writ of execution issued to satisfy the judgment in the action or (2) otherwise has been sought to be applied to the satisfaction of the judgment in the action. (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. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  17. 488.730.

    ## 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 5. Management and Disposition of Attached Property [488.700 - 488.740] ( Article 5 added by Stats. 1982, Ch. 1198, Sec. 50. )

    Verify source ↗

    The levying officer must release attached property when specified release directions or a court order are received, and must follow the section’s rules for custody, notice, sale, deposit of proceeds, and recording release notices.

    ## 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 5. Management and Disposition of Attached Property [488.700 - 488.740] ( Article 5 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 488.730. (a) The levying officer shall release attached property when the levying officer receives a written direction to release the property from the plaintiff’s attorney of record or, if the plaintiff does not have an attorney of record, from the plaintiff or when the levying officer receives a certified copy of a court order for release or when otherwise required to release the property. The release extinguishes any attachment lien in favor of the plaintiff on the property released. (b) If the property to be released has been taken into custody under the levy, it shall be released to the person from whom it was taken unless otherwise ordered by the court. If the person does not claim the property to be released, the levying officer shall retain custody of the property and shall serve on the person a notice of where possession of the property may be obtained. If the person does not claim the property within 30 days after the notice is served, the levying officer shall sell the property (other than cash which does not have a value exceeding its face value) in the manner provided by Article 6 (commencing with Section 701.510) of Chapter 3 of Division 2 of Title 9. The levying officer shall deposit the proceeds of sale and cash, after first deducting the levying officer’s costs, with the county treasurer of the county where the property is located payable to the order of the person. If the amount deposited is not claimed by the person or the legal representative of the person within five years after the deposit is made, by making application to the treasurer or other official designated by the county, it shall be paid into the general fund of the county. (c) If the property to be released has not been taken into custody under the levy, the levying officer shall release the attachment by issuing a written notice of release and serving it on the person who was served with a copy of the writ and a notice of attachment to create the lien. (d) If the property to be released was levied upon by recording or filing a copy of the writ and a notice of attachment, the levying officer shall record or file a written notice of release in the same office. If the notice of attachment had been filed with the Secretary of State, any release shall have the effect prescribed in Section 697.650. (e) The levying officer is not liable for releasing an attachment in accordance with this section and no other person is liable for acting in conformity with the release. (Amended by Stats. 1989, Ch. 445, Sec. 1.)
  18. 488.740.

    ## 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 5. Management and Disposition of Attached Property [488.700 - 488.740] ( Article 5 added by Stats. 1982, Ch. 1198, Sec. 50. )

    Verify source ↗

    If the defendant wins judgment and there is no pending post-trial motion or perfected appeal, the levying officer must return certain funds, undertakings, and attached property, unless the court orders 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 5. Management and Disposition of Attached Property [488.700 - 488.740] ( Article 5 added by Stats. 1982, Ch. 1198, Sec. 50. ) ## 488.740. If the defendant recovers judgment against the plaintiff and no timely motion for vacation of judgment or for judgment notwithstanding the verdict or for a new trial is filed and served and is pending and no appeal is perfected and undertaking executed and filed as provided in Section 921, any undertaking received from the defendant in the action, all the proceeds of sales and money collected by the levying officer, and all the property attached remaining in the levying officer’s hands shall be delivered to the person from whom it was collected or taken, unless otherwise ordered by the court; and the court shall order the discharge of any attachment made in the action and the release of any property held thereunder. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  19. 489.010.

    ## 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 9. Undertakings [489.010 - 489.420] ( Chapter 9 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. General Provisions [489.010 - 489.130] ( Article 1 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    For bonds given under this title, the Bond and Undertaking Law applies unless this title provides a different or inconsistent 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 9. Undertakings [489.010 - 489.420] ( Chapter 9 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. General Provisions [489.010 - 489.130] ( Article 1 added by Stats. 1974, Ch. 1516. ) ## 489.010. The Bond and Undertaking Law (Chapter 2 (commencing with Section 995. 010) of Title 14) applies to a bond given pursuant to this title, except to the extent this title prescribes a different rule or is inconsistent. (Added by Stats. 1985, Ch. 41, Sec. 2.)
  20. 489.060.

    ## 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 9. Undertakings [489.010 - 489.420] ( Chapter 9 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. General Provisions [489.010 - 489.130] ( Article 1 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    Undertakings under this title must be presented to the proper court for approval, then filed in the court where the action is pending; if the surety is an admitted surety insurer, court approval is not required.

    ## 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 9. Undertakings [489.010 - 489.420] ( Chapter 9 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. General Provisions [489.010 - 489.130] ( Article 1 added by Stats. 1974, Ch. 1516. ) ## 489.060. (a) Except as provided in subdivision (b), all undertakings given pursuant to this title shall be presented to a proper court for approval and upon approval shall be filed with the court in which the action is pending. (b) If the surety on the undertaking is an admitted surety insurer, the undertaking is not required to be approved by the court. (Amended by Stats. 1982, Ch. 517, Sec. 107.)
  21. 489.130.

    ## 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 9. Undertakings [489.010 - 489.420] ( Chapter 9 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. General Provisions [489.010 - 489.130] ( Article 1 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    If the court orders the undertaking amount increased under Sections 489.220 or 489.410, the plaintiff’s failure to increase it is not wrongful 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 9. Undertakings [489.010 - 489.420] ( Chapter 9 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 1. General Provisions [489.010 - 489.130] ( Article 1 added by Stats. 1974, Ch. 1516. ) ## 489.130. Where the court orders the amount of the undertaking increased pursuant to Section 489.220 or 489.410, the plaintiff’s failure to increase the amount of the undertaking is not a wrongful attachment within the meaning of Section 490.010. (Added by Stats. 1976, Ch. 437.)
  22. 489.210.

    ## 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 9. Undertakings [489.010 - 489.420] ( Chapter 9 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 2. Undertakings to Obtain Writ of Attachment or Protective Order [489.210 - 489.230] ( Article 2 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    Before certain attachment-related orders issue, the plaintiff must file an undertaking to pay the defendant for any wrongful attachment recovery.

    ## 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 9. Undertakings [489.010 - 489.420] ( Chapter 9 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 2. Undertakings to Obtain Writ of Attachment or Protective Order [489.210 - 489.230] ( Article 2 added by Stats. 1974, Ch. 1516. ) ## 489.210. Before issuance of a writ of attachment, a temporary protective order, or an order under subdivision (b) of Section 491.415, the plaintiff shall file an undertaking to pay the defendant any amount the defendant may recover for any wrongful attachment by the plaintiff in the action. (Amended by Stats. 1984, Ch. 538, Sec. 7.)
  23. 489.220.

    ## 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 9. Undertakings [489.010 - 489.420] ( Chapter 9 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 2. Undertakings to Obtain Writ of Attachment or Protective Order [489.210 - 489.230] ( Article 2 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    An undertaking filed under this article is generally $10,000, unless subdivision (b) applies.

    ## 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 9. Undertakings [489.010 - 489.420] ( Chapter 9 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 2. Undertakings to Obtain Writ of Attachment or Protective Order [489.210 - 489.230] ( Article 2 added by Stats. 1974, Ch. 1516. ) ## 489.220. (a) Except as provided in subdivision (b), the amount of an undertaking filed pursuant to this article shall be ten thousand dollars ($10,000). (b) If, upon objection to the undertaking, the court determines that the probable recovery for wrongful attachment exceeds the amount of the undertaking, it shall order the amount of the undertaking increased to the amount it determines to be the probable recovery for wrongful attachment if it is ultimately determined that the attachment was wrongful. (Amended by Stats. 2001, Ch. 812, Sec. 3. Effective January 1, 2002.)
  24. 489.230.

    ## 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 9. Undertakings [489.010 - 489.420] ( Chapter 9 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 2. Undertakings to Obtain Writ of Attachment or Protective Order [489.210 - 489.230] ( Article 2 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    A notice of attachment must include a Judicial Council–adopted statement telling the defendant that the undertaking was filed and that the defendant may object; the temporary protective order form must include a comparable statement.

    ## 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 9. Undertakings [489.010 - 489.420] ( Chapter 9 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 2. Undertakings to Obtain Writ of Attachment or Protective Order [489.210 - 489.230] ( Article 2 added by Stats. 1974, Ch. 1516. ) ## 489.230. (a) The notice of attachment shall include a statement, in a form adopted by the Judicial Council, advising the defendant that the undertaking has been filed and informing the defendant of the right to object to the undertaking. (b) The form for the temporary protective order shall include a statement comparable to the one required by subdivision (a). (Amended by Stats. 1982, Ch. 517, Sec. 114.)
  25. 489.310.

    ## 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 9. Undertakings [489.010 - 489.420] ( Chapter 9 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 3. Undertaking to Obtain Release of Attachment or Protective Order [489.310 - 489.320] ( Article 3 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    A defendant who has appeared may ask the court to replace attached property with an undertaking, and the court must grant the order if a sufficient 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 9. Undertakings [489.010 - 489.420] ( Chapter 9 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 3. Undertaking to Obtain Release of Attachment or Protective Order [489.310 - 489.320] ( Article 3 added by Stats. 1974, Ch. 1516. ) ## 489.310. (a) Whenever a writ is issued, a defendant who has appeared in the action may apply by noticed motion to the court in which the action is pending for an order permitting the defendant to substitute an undertaking for any of his property in the state which has been or is subject to being attached. (b) In a case (1) where the defendant applies for an order to release a portion of property which has been attached or (2) where the defendant applies for an order preventing the attachment of property and the amount of the undertaking to be given is less than the amount to be secured by the attachment, the application shall include a statement, executed under oath, describing the property to be so released or so protected from attachment. (c) The defendant shall file an undertaking to pay the plaintiff the value of the property released not exceeding the amount of any judgment which may be recovered by the plaintiff in the action against the defendant. The amount of the undertaking filed pursuant to this section shall be equal to the lesser of (1) the value of the property attached or prevented from being attached or (2) the amount specified by the writ to be secured by the attachment. The court shall issue such order upon the condition that a sufficient undertaking be filed. (d) Where an action is against more than one defendant, any defendant may make such application. The filing of an undertaking by such defendant shall not subject him to any demand against any other defendant; however, the levying officer shall not be prevented thereby from attaching, or be obliged to release from attachment, any property of any other defendant. Where all the defendants do not join in the application, the application shall include a statement, executed under oath, describing the character of the defendant’s title to the property and the manner in which the defendant acquired such title and stating whether any other defendant who has not joined in the application has an interest in the property. Where two or more defendants have an interest in the same property, a joint application and undertaking shall be filed to secure the release of such property. (Amended by Stats. 1976, Ch. 437.)
  26. 489.320.

    ## 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 9. Undertakings [489.010 - 489.420] ( Chapter 9 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 3. Undertaking to Obtain Release of Attachment or Protective Order [489.310 - 489.320] ( Article 3 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    A served defendant who has appeared may ask the court to end a temporary protective order, but must file an undertaking to cover any judgment amount, and the court must issue the terminating order if a sufficient 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 9. Undertakings [489.010 - 489.420] ( Chapter 9 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 3. Undertaking to Obtain Release of Attachment or Protective Order [489.310 - 489.320] ( Article 3 added by Stats. 1974, Ch. 1516. ) ## 489.320. (a) A defendant who has been served with a temporary protective order and who has appeared in the action may apply by noticed motion to the court in which the action is pending for an order terminating the temporary protective order with respect to that defendant. (b) The defendant shall file an undertaking to pay the plaintiff the amount of any judgment recovered by the plaintiff in the action against the defendant. The amount of the undertaking filed pursuant to this section shall be equal to the amount sought to be secured by the attachment. The court shall issue the order terminating the temporary protective order with respect to the defendant upon the condition that a sufficient undertaking be filed. (Amended by Stats. 1982, Ch. 1198, Sec. 52. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  27. 489.410.

    ## 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 9. Undertakings [489.010 - 489.420] ( Chapter 9 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 4. Undertaking on Appeal [489.410 - 489.420] ( Article 4 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    After judgment for the defendant, the trial court may increase an attachment undertaking on motion, and the defendant must file the undertaking within 10 days or the attachment is set aside and the property released.

    ## 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 9. Undertakings [489.010 - 489.420] ( Chapter 9 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 4. Undertaking on Appeal [489.410 - 489.420] ( Article 4 added by Stats. 1974, Ch. 1516. ) ## 489.410. (a) At any time after entry of judgment in favor of the defendant and before perfection of an appeal under Section 921, upon motion of the defendant, the trial court may order an increase in the amount of the original undertaking on attachment in such amount, if any, as is justified by the detriment reasonably to be anticipated by continuing the attachment. Unless such undertaking is filed within 10 days after such order, the attachment shall be set aside and the property released therefrom. (b) If an order increasing the undertaking is made, the amount of the undertaking on appeal required by Section 921 shall be the same as the amount fixed by the trial court in such order. (c) Neither the pendency nor granting of a motion timely filed and served by the plaintiff for vacation of judgment or for judgment notwithstanding the verdict or for new trial shall continue an attachment in force unless an undertaking is given by the plaintiff to pay all costs and damages sustained by continuing the attachment. The undertaking may be included in the undertaking specified in Section 921. If not so included, the same procedure shall apply as in case of an undertaking pursuant to Section 921. (Added by Stats. 1974, Ch. 1516.)
  28. 489.420.

    ## 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 9. Undertakings [489.010 - 489.420] ( Chapter 9 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 4. Undertaking on Appeal [489.410 - 489.420] ( Article 4 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    If a defendant appeals and enforcement of the judgment is stayed by a sufficient undertaking on appeal, attached property must be released when the respondent does not object in time or when any objection is resolved in favor of sufficiency.

    ## 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 9. Undertakings [489.010 - 489.420] ( Chapter 9 added by Stats. 1974, Ch. 1516. ) ## ARTICLE 4. Undertaking on Appeal [489.410 - 489.420] ( Article 4 added by Stats. 1974, Ch. 1516. ) ## 489.420. If a defendant appeals and the enforcement of the judgment against the defendant is stayed by the filing of a sufficient undertaking on appeal as provided by this code, all property of the defendant which has been attached in the action shall be released from the attachment upon the failure of the respondent to object to the undertaking within the time prescribed by statute or, if an objection is made, upon a determination that the undertaking is sufficient. (Amended by Stats. 1982, Ch. 517, Sec. 115.)
  29. 490.010.

    ## 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 10. Liability for Wrongful Attachment [490.010 - 490.060] ( Chapter 10 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    This section defines when an attachment is wrongful and lists exceptions for certain levies and exempt 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 10. Liability for Wrongful Attachment [490.010 - 490.060] ( Chapter 10 added by Stats. 1974, Ch. 1516. ) ## 490.010. A wrongful attachment consists of any of the following: (a) The levy under a writ of attachment or the service of a temporary protective order in an action in which attachment is not authorized, except that it is not a wrongful attachment if both of the following are established: (1) The levy was not authorized solely because of the prohibition of subdivision (c) of Section 483.010. (2) The person who sold or leased, or licensed for use, the property, furnished the services, or loaned the money reasonably believed that it would not be used primarily for personal, family, or household purposes. (b) The levy under a writ of attachment or the service of a temporary protective order in an action in which the plaintiff does not recover judgment. (c) The levy under writ of attachment obtained pursuant to Article 3 (commencing with Section 484.510) of Chapter 4 or Chapter 5 (commencing with Section 485.010) on property exempt from attachment except where the plaintiff shows that the plaintiff reasonably believed that the property attached was not exempt from attachment. (Amended by Stats. 1982, Ch. 1198, Sec. 53. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  30. 490.020.

    ## 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 10. Liability for Wrongful Attachment [490.010 - 490.060] ( Chapter 10 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    A plaintiff liable for wrongful attachment must cover the defendant’s proximately caused damages and the reasonable costs and expenses of defeating the attachment, but only up to the amount of the undertaking.

    ## 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 10. Liability for Wrongful Attachment [490.010 - 490.060] ( Chapter 10 added by Stats. 1974, Ch. 1516. ) ## 490.020. (a) The liability of a plaintiff for causing a wrongful attachment under Section 490.010 includes both of the following: (1) All damages proximately caused to the defendant by the wrongful attachment. (2) All costs and expenses, including attorney’s fees, reasonably expended in defeating the attachment. (b) The liability of a plaintiff for wrongful attachment pursuant to Section 490.010 is limited by the amount of the undertaking. (Amended by Stats. 1982, Ch. 1198, Sec. 54. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  31. 490.040.

    ## 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 10. Liability for Wrongful Attachment [490.010 - 490.060] ( Chapter 10 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    Any recovery awarded for wrongful attachment must be offset, as far as possible, against unsatisfied amounts the defendant owes the plaintiff on the judgment in the same action.

    ## 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 10. Liability for Wrongful Attachment [490.010 - 490.060] ( Chapter 10 added by Stats. 1974, Ch. 1516. ) ## 490.040. The amount of any recovery for wrongful attachment shall be offset insofar as possible against any unsatisfied amounts owed to the plaintiff by the defendant on the judgment in the action for which wrongful attachment damages are awarded. (Added by Stats. 1974, Ch. 1516.)
  32. 490.060.

    ## 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 10. Liability for Wrongful Attachment [490.010 - 490.060] ( Chapter 10 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    This section says the chapter does not restrict any common-law claim for damages caused by an attachment or protective 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 10. Liability for Wrongful Attachment [490.010 - 490.060] ( Chapter 10 added by Stats. 1974, Ch. 1516. ) ## 490.060. Nothing in this chapter limits the right to recover for damages caused by an attachment or protective order on any common law theory of recovery. (Added by Stats. 1974, Ch. 1516.)
  33. 491.110.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 1. Examination of Third Person [491.110 - 491.200] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 57. )

    Verify source ↗

    A plaintiff may ask the court ex parte to order a third person to appear about property or debt, but the plaintiff must satisfy the court’s proof requirements and the order must be served on the third person and the defendant at least 10 days before the examination.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 1. Examination of Third Person [491.110 - 491.200] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 57. ) ## 491.110. (a) Upon ex parte application by the plaintiff and proof by the plaintiff by affidavit or otherwise to the satisfaction of the proper court that the plaintiff has a right to attach order and that a third person has possession or control of property in which the defendant has an interest or is indebted to the defendant in an amount exceeding two hundred fifty dollars ($250), the court shall make an order directing the third person to appear before the court, or before a referee appointed by the court, at a time and place specified in the order, to answer concerning the property or debt. The affidavit in support of the plaintiff’s application may be based on the affiant’s information and belief. (b) Not less than 10 days prior to the date set for the examination, a copy of the order shall be: (1) Served personally on the third person. (2) Served personally or by mail on the defendant. (c) If the property or the debt is described in the affidavit or application for an order under subdivision (a) in a manner reasonably adequate to permit it to be identified, service of the order on the third person creates a lien on the defendant’s interest in the property in the third person’s possession or control or on the debt owed by the third person to the defendant. The lien continues for a period of one year from the date of the order unless extended or sooner terminated by the court. (d) The order shall contain the following statement in 14-point boldface type if printed or in capital letters if typed: “NOTICE TO PERSON SERVED. If you fail to appear at the time and place specified in this order, you may be subject to arrest and punishment for contempt of court and the court may make an order requiring you to pay the reasonable attorney’s fees incurred by the plaintiff in this proceeding.” (e) The order is not effective unless, at the time it is served on the third person, the person serving the order tenders to the third person fees for the mileage necessary to be traveled from the third person’s residence to the place of examination. The fees shall be in the same amount generally provided for witnesses when legally required to attend civil proceedings in the court where the examination proceeding is to be conducted. (Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  34. 491.120.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 1. Examination of Third Person [491.110 - 491.200] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 57. )

    Verify source ↗

    In a third-person examination proceeding, witnesses, including the defendant, can be required to appear and testify before the court or referee.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 1. Examination of Third Person [491.110 - 491.200] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 57. ) ## 491.120. In any proceeding for the examination of a third person under this article, witnesses, including the defendant, may be required to appear and testify before the court or referee in the same manner as upon the trial of an issue. (Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  35. 491.130.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 1. Examination of Third Person [491.110 - 491.200] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 57. )

    Verify source ↗

    A court may appoint a referee for third-person examination proceedings, and the referee can make several orders and exercise some court powers.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 1. Examination of Third Person [491.110 - 491.200] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 57. ) ## 491.130. (a) The examination proceedings authorized by this article may be conducted by a referee appointed by the court. The referee may issue, modify, or vacate an order authorized by Section 491.190, may make a protective order authorized by Section 491.180, and may issue a warrant authorized by Section 491.160, and has the same power as the court to grant adjournments, to preserve order, and to subpoena witnesses to attend the examination, but only the court that ordered the reference has power to do any of the following: (1) Punish for contempt for disobeying an order of the referee. (2) Make an award of attorney’s fees pursuant to Section 491.160. (3) Determine a third-party claim under Section 491.170. (b) Only a member of the State Bar of California is eligible for appointment as a referee pursuant to this article. (c) Nothing in subdivision (a) limits the power of a court to appoint a temporary judge pursuant to Section 21 of Article VI of the California Constitution. (Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  36. 491.140.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 1. Examination of Third Person [491.110 - 491.200] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 57. )

    Verify source ↗

    An organization served with an examination order must designate qualified people to appear, and it may appear through an authorized officer, director, or employee.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 1. Examination of Third Person [491.110 - 491.200] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 57. ) ## 491.140. (a) If a corporation, partnership, association, trust, or other organization is served with an order to appear for an examination, it shall designate to appear and be examined one or more officers, directors, managing agents, or other persons who are familiar with its property and debts. (b) If the order to appear for an examination requires the appearance of a specified individual, the specified individual shall appear for the examination and may be accompanied by one or more officers, directors, managing agents, or other persons familiar with the property and debts of the corporation, partnership, association, trust, or other organization. (c) If the order to appear for the examination does not require the appearance of a specified individual, the order shall advise the corporation, partnership, association, trust, or other organization of its duty to make a designation under subdivision (a). (d) A corporation, partnership, association, trust, or other organization, whether or not a party, may appear at an examination through any authorized officer, director, or employee, whether or not the person is an attorney. (Amended by Stats. 1984, Ch. 538, Sec. 7.5.)
  37. 491.150.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 1. Examination of Third Person [491.110 - 491.200] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 57. )

    Verify source ↗

    If the plaintiff wants an examination before a different court, the plaintiff must file an application with required documents and the motion filing fee. A person cannot be required to attend an examination outside their county unless the place of examination is under 150 miles away.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 1. Examination of Third Person [491.110 - 491.200] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 57. ) ## 491.150. (a) Except as otherwise provided in this section, the proper court for examination of a person under this article is the court that issued the writ of attachment. (b) A person sought to be examined may not be required to attend an examination before a court located outside the county in which the person resides or has a place of business unless the distance from the person’s place of residence or place of business to the place of examination is less than 150 miles. (c) If a person sought to be examined does not reside or have a place of business in the county where the court that issued the writ is located, the superior court in the county where the person resides or has a place of business is a proper court for examination of the person. (d) If the plaintiff seeks an examination of a person before a court other than the court that issued the writ, the plaintiff shall file an application that shall include all of the following: (1) A certified copy of the complaint in the pending action. (2) An affidavit in support of the application stating the place of residence or place of business of the person sought to be examined. (3) Any necessary affidavit or showing for the examination as required by Section 491.110. (4) The filing fee for a motion as provided in subdivision (a) of Section 70617 of the Government Code. (Amended by Stats. 2005, Ch. 75, Sec. 33. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  38. 491.160.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 1. Examination of Third Person [491.110 - 491.200] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 57. )

    Verify source ↗

    If a person was properly served with an order to appear for an examination and does not appear, the court may bring the person in on a warrant, punish contempt, and the plaintiff may recover reasonable attorney’s fees if there was no good cause for the nonappearance. Willful improper service that leads to an arrest is a misdemeanor.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 1. Examination of Third Person [491.110 - 491.200] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 57. ) ## 491.160. (a) If an order requiring a person to appear for an examination was served by a sheriff, marshal, a person specially appointed by the court in the order, or a registered process server, and the person fails to appear: (1) The court may do either of the following: (A) Pursuant to a warrant, have the person brought before the court to answer for the failure to appear and may punish the person for contempt. (B) Issue a warrant for the arrest of the person who failed to appear as required by the court order, pursuant to Section 1993. (2) If the person’s failure to appear is without good cause, the plaintiff shall be awarded reasonable attorney’s fees incurred in the examination proceeding. (b) A person who willfully makes an improper service of an order for an examination which subsequently results in the arrest pursuant to subdivision (a) of the person who fails to appear is guilty of a misdemeanor. (Amended by Stats. 2006, Ch. 277, Sec. 1. Effective January 1, 2007.)
  39. 491.170.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 1. Examination of Third Person [491.110 - 491.200] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 57. )

    Verify source ↗

    If a third person claims an adverse interest or denies a debt, the court may determine the issue at the plaintiff’s request, but not if the claim is made in good faith and certain 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 1. Examination of Third Person [491.110 - 491.200] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 57. ) ## 491.170. (a) Subject to subdivision (b), if a third person examined pursuant to this article claims an interest in the property adverse to the defendant or denies the debt, the court may, if the plaintiff so requests, determine the interests in the property or the existence of the debt. Such a determination is conclusive as to the plaintiff, the defendant, and the third person, but an appeal may be taken from the determination in the manner provided for appeals from the court in which the proceeding takes place. The court may grant a continuance for a reasonable time for discovery proceedings, the production of evidence, or other preparation for the hearing. (b) The court may not make the determination provided in subdivision (a) if the third person’s claim is made in good faith and any of the following conditions is satisfied: (1) The court would not be a proper court for the trial of an independent civil action (including a creditor’s suit) for the determination of the interests in the property or the existence of the debt, and the third person objects to the determination of the matter under subdivision (a). (2) At the time an order for examination pursuant to this article is served on the third person a civil action (including a creditor’s suit) is pending with respect to the interests in the property or the existence of the debt. (3) The court determines that the interests in the property or the existence of the debt should be determined in a creditor’s suit. (c) Upon application of the plaintiff made ex parte, the court may make an order forbidding transfer of the property to the defendant or payment of the debt to the defendant until the interests in the property or the existence of the debt is determined pursuant to subdivision (a) or until a creditor’s suit may be commenced and an order obtained pursuant to Section 491.340. An undertaking may be required in the discretion of the court. The court may modify or vacate the order at any time with or without a hearing on such terms as are just. (d) Upon application of the plaintiff upon noticed motion, the court, if it determines that the defendant probably owns an interest in the property or that the debt probably is owed to the defendant, may make an order forbidding the transfer or other disposition of the property to any person or forbidding payment of the debt until the interests in the property or the existence of the debt is determined pursuant to subdivision (a) or until a creditor’s suit may be commenced and an order obtained pursuant to Section 491.340. The court shall require the plaintiff to furnish an undertaking as provided in Section 529. The court may modify or vacate the order at any time after notice and hearing on such terms as are just. (Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  40. 491.180.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 1. Examination of Third Person [491.110 - 491.200] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 57. )

    Verify source ↗

    In proceedings under this article, the court may make protective orders when justice 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 1. Examination of Third Person [491.110 - 491.200] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 57. ) ## 491.180. In any proceeding under this article, the court may, on motion of the person to be examined or on its own motion, make such protective orders as justice may require. (Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  41. 491.190.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 1. Examination of Third Person [491.110 - 491.200] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 57. )

    Verify source ↗

    The court may order a defendant’s property or debt held by a third person to be attached or turned over, but not if subdivision (b) applies.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 1. Examination of Third Person [491.110 - 491.200] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 57. ) ## 491.190. (a) Except as provided in subdivision (b), at the conclusion of a proceeding pursuant to this article: (1) The court may order the defendant’s interest in the property in the possession or under the control of the third person or a debt owed by the third person to the defendant to be attached in the manner and under the conditions provided by this title or to be delivered or paid to the levying officer if the levying officer has a writ of attachment permitting the attachment of the property or debt. After the property or debt has been attached, the order may be enforced as provided in Section 491.360. The order creates a lien on the property or debt. The lien continues for a period of one year from the date of the order unless the court extends or reduces the period of the existence of the lien. (2) If the property or debt has previously been attached, the court may make an order determining the third person’s liability, and the order may be enforced as provided in Section 491.360. (b) If a third person examined pursuant to this article claims an interest in the property adverse to the defendant or denies the debt and the court does not determine the matter as provided in subdivision (a) of Section 491.170, the court may not make an order under subdivision (a) of this section, but may make an order pursuant to subdivision (c) or (d) of Section 491.170 forbidding transfer or payment to the extent authorized by that section. (Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  42. 491.200.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 1. Examination of Third Person [491.110 - 491.200] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 57. )

    Verify source ↗

    A lien created under this article continues on the property even if the property is transferred or encumbered, unless the transfer or encumbrance is to a person listed in Section 697.740.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 1. Examination of Third Person [491.110 - 491.200] ( Article 1 added by Stats. 1982, Ch. 1198, Sec. 57. ) ## 491.200. A lien created under this article continues on property subject to the lien notwithstanding the transfer or encumbrance of the property subject to the lien unless the transfer or encumbrance is made to a person listed in Section 697.740. (Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  43. 491.310.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 2. Creditor’s Suit [491.310 - 491.370] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 57. )

    Verify source ↗

    A plaintiff may sue a third person to enforce that third person’s liability if the third person holds or controls property or a debt connected to the defendant and that property or debt is subject to an attachment lien.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 2. Creditor’s Suit [491.310 - 491.370] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 57. ) ## 491.310. If a third person has possession or control of property in which the defendant has an interest or is indebted to the defendant and the property or debt has been subjected to an attachment lien, the plaintiff may bring an action against the third person to enforce the third person’s liability under this title. (Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  44. 491.320.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 2. Creditor’s Suit [491.310 - 491.370] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 57. )

    Verify source ↗

    A defendant must be joined in an action under this article, and the defendant’s residence generally cannot be used to तयermine proper venue unless a contract says 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 2. Creditor’s Suit [491.310 - 491.370] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 57. ) ## 491.320. The defendant shall be joined in an action brought pursuant to this article but is not an indispensable party. The residence of the defendant may not be considered in the determination of proper venue unless otherwise provided by contract between the defendant and the third person. (Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  45. 491.330.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 2. Creditor’s Suit [491.310 - 491.370] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 57. )

    Verify source ↗

    An action under this article must be started before the later of the defendant’s own claim deadline or one year after an attachment lien is created, and it cannot be started if the lien is not in effect.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 2. Creditor’s Suit [491.310 - 491.370] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 57. ) ## 491.330. (a) Except as provided in subdivision (b), an action shall be commenced pursuant to this article before the expiration of the later of the following times: (1) The time when the defendant may bring an action against the third person concerning the property or debt. (2) One year after creation of an attachment lien on the property or debt pursuant to this title if the lien is created at the time when the defendant may bring an action against the third person concerning the property or debt. (b) An action may not be commenced pursuant to this article if the attachment lien is not in effect. (c) If an action is commenced pursuant to this article within the time permitted in this section, the action may be prosecuted to judgment so long as the attachment lien or a lien of the plaintiff on the same property pursuant to Title 9 (commencing with Section 680.010) is in effect. (Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  46. 491.340.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 2. Creditor’s Suit [491.310 - 491.370] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 57. )

    Verify source ↗

    A plaintiff in a pending creditor’s suit may ask the court for restraining orders or injunctive relief against a third person holding attached property or debt.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 2. Creditor’s Suit [491.310 - 491.370] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 57. ) ## 491.340. The plaintiff may apply to the court in which an action under this article is pending for either or both of the following: (a) An order restraining the third person from transferring the attached property to the defendant or from paying the attached debt to the defendant. The order shall be made on noticed motion if the court so directs or a court rule so requires. Otherwise, the order may be made on ex parte application. The order shall remain in effect until judgment is entered in the action or until such earlier time as the court may provide in the order. An undertaking may be required in the discretion of the court. The court may modify or vacate the order at any time with or without a hearing on such terms as are just. (b) A temporary restraining order or a preliminary injunction or both, restraining the third person from transferring to any person or otherwise disposing of the attached property, pursuant to Chapter 3 (commencing with Section 525) of Title 7, and the court may make, dissolve, and modify such orders as provided therein. (Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  47. 491.350.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 2. Creditor’s Suit [491.310 - 491.370] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 57. )

    Verify source ↗

    This article does not provide a right to a jury trial in an action under it.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 2. Creditor’s Suit [491.310 - 491.370] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 57. ) ## 491.350. There is no right to a jury trial in an action under this article. (Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  48. 491.360.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 2. Creditor’s Suit [491.310 - 491.370] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 57. )

    Verify source ↗

    If the plaintiff proves a third person is liable, the court must enter judgment accordingly.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 2. Creditor’s Suit [491.310 - 491.370] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 57. ) ## 491.360. If the plaintiff establishes the liability of the third person, the court shall render judgment accordingly. The judgment may be enforced in the same manner as it could be enforced if it had been obtained by the defendant against the third party; but, prior to entry of judgment in favor of the plaintiff against the defendant, any money or property obtained in enforcing the judgment against the third party shall be paid or delivered into court to abide the judgment in the action of the plaintiff against the defendant or shall be held by a levying officer, or otherwise held, as ordered by the court. (Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  49. 491.370.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 2. Creditor’s Suit [491.310 - 491.370] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 57. )

    Verify source ↗

    In an action under this article, the plaintiff may not recover costs incurred by or taxed against the plaintiff from the 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 2. Creditor’s Suit [491.310 - 491.370] ( Article 2 added by Stats. 1982, Ch. 1198, Sec. 57. ) ## 491.370. Costs incurred by or taxed against the plaintiff in an action under this article may not be recovered from the defendant. (Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  50. 491.410.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 3. Lien in Pending Action or Proceeding [491.410 - 491.470] ( Article 3 added by Stats. 1982, Ch. 1198, Sec. 57. )

    Verify source ↗

    A plaintiff may obtain a lien in a pending action or special proceeding, but must file specified lien papers and serve notice on appearing parties.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 3. Lien in Pending Action or Proceeding [491.410 - 491.470] ( Article 3 added by Stats. 1982, Ch. 1198, Sec. 57. ) ## 491.410. (a) If the defendant is a party to a pending action or special proceeding, the plaintiff may obtain a lien under this article, to the extent required to secure the amount to be secured by the attachment, on both of the following: (1) Any cause of action of the defendant for money or property that is the subject of the other action or proceeding, if the money or property would be subject to attachment if the defendant prevails in the action or proceedings. (2) The rights of the defendant to money or property under any judgment subsequently procured in the other action or proceeding, if the money or property would be subject to attachment. (b) To obtain a lien under this article, the plaintiff shall file all of the following in the other pending action or special proceeding: (1) A notice of lien. (2) A copy of the right to attach order. (3) A copy of an order permitting creation of a lien under this article made by the court that issued the right to attach order. (c) At the time of the filing under subdivision (b) or promptly thereafter, the plaintiff shall serve on all parties who, prior thereto, have made an appearance in the other action or special proceeding a copy of the notice of lien and a statement of the date when the notice of lien was filed in the other action or special proceeding. Failure to serve all parties as required by this subdivision does not affect the lien created by the filing under subdivision (b), but the rights of a party are not affected by the lien until the party has notice of the lien. (d) For the purpose of this article, an action or special proceeding is pending until the time for appeal from the judgment has expired or, if an appeal is filed, until the appeal has been finally determined. (Amended by Stats. 1984, Ch. 538, Sec. 8.)
  51. 491.415.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 3. Lien in Pending Action or Proceeding [491.410 - 491.470] ( Article 3 added by Stats. 1982, Ch. 1198, Sec. 57. )

    Verify source ↗

    This section lets a plaintiff seek a lien order in an attachment case and requires an undertaking before the order is granted; it also lets the defendant claim an exemption 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 3. Lien in Pending Action or Proceeding [491.410 - 491.470] ( Article 3 added by Stats. 1982, Ch. 1198, Sec. 57. ) ## 491.415. (a) For the purpose of applying for a right to attach order, the defendant’s cause of action that is the subject of the pending action or proceeding and the defendant’s rights to money or property under a judgment procured in the action or proceeding shall be treated as property subject to attachment. (b) At the time the plaintiff applies for a right to attach order, the plaintiff may apply for an order permitting creation of a lien under this article. If the plaintiff has already obtained a right to attach order, an application for an order permitting creation of a lien under this article may be applied for in the same manner as a writ of attachment. As a prerequisite to obtaining an order under this subdivision, the plaintiff shall file an undertaking as provided by Sections 489.210 and 489.220. (c) The defendant may, but is not required to, claim an exemption in a proceeding initiated by the plaintiff for an order permitting creation of a lien under this article. An exemption may be claimed if the money or property sought by the defendant would be exempt from attachment should the defendant prevail in the other action or proceeding. The exemption shall be claimed and determined pursuant to this subdivision in the same manner as an exemption is claimed and determined upon application for a writ of attachment. (Added by Stats. 1984, Ch. 538, Sec. 9.)
  52. 491.420.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 3. Lien in Pending Action or Proceeding [491.410 - 491.470] ( Article 3 added by Stats. 1982, Ch. 1198, Sec. 57. )

    Verify source ↗

    A defendant may not settle or dispose of the pending case or enforce rights to money or property from a judgment unless the court approves, the plaintiff consents in writing, or the plaintiff releases the lien.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 3. Lien in Pending Action or Proceeding [491.410 - 491.470] ( Article 3 added by Stats. 1982, Ch. 1198, Sec. 57. ) ## 491.420. The notice of lien under Section 491.410 shall contain all of the following: (a) A statement that a lien has been created under this article and the title of the court and the cause and number of the pending action or proceeding in which the notice of lien is filed. (b) The name and last known address of the defendant. (c) The name and address of the plaintiff. (d) The title of the court where the plaintiff’s action against the defendant is pending and the cause and number of the action. (e) The amount required to secure the amount to be secured by the attachment at the time the notice of lien is filed in the action or proceeding. (f) A statement that the lien attaches to any cause of action of the defendant that is the subject of such action or proceeding and to the defendant’s rights to money or property under any judgment subsequently procured in the action or proceeding. (g) A statement that no compromise, dismissal, settlement, or satisfaction of the pending action or proceeding or any of the defendant’s rights to money or property under any judgment procured therein may be entered into by or on behalf of the defendant, and that the defendant may not enforce the defendant’s rights to money or property under any judgment procured in the pending action or proceeding by a writ or otherwise, unless one of the following requirements is satisfied: (1) The prior approval by order of the court in which the action or proceeding is pending has been obtained. (2) The written consent of the plaintiff has been obtained or the plaintiff has released the lien. (Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  53. 491.430.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 3. Lien in Pending Action or Proceeding [491.410 - 491.470] ( Article 3 added by Stats. 1982, Ch. 1198, Sec. 57. )

    Verify source ↗

    The court may allow a lien-holding plaintiff to intervene in the pending action or special proceeding, and the plaintiff is treated as a party for specified purposes even if not formally joined.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 3. Lien in Pending Action or Proceeding [491.410 - 491.470] ( Article 3 added by Stats. 1982, Ch. 1198, Sec. 57. ) ## 491.430. (a) The court in which the action or special proceeding subject to the lien under this article is pending may permit the plaintiff who has obtained the lien to intervene in the action or proceeding pursuant to Section 387. (b) For the purposes of subdivision (a) of Section 491.460 and Section 491.470, a plaintiff shall be deemed to be a party to the action or special proceeding even though the plaintiff has not become a party to the action or proceeding under subdivision (a). (Amended by Stats. 1984, Ch. 538, Sec. 10.)
  54. 491.440.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 3. Lien in Pending Action or Proceeding [491.410 - 491.470] ( Article 3 added by Stats. 1982, Ch. 1198, Sec. 57. )

    Verify source ↗

    A defendant cannot settle, dismiss, compromise, or satisfy the pending action or resulting judgment without the plaintiff’s written consent or a court order, unless an exception in Section 491.410(c) applies.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 3. Lien in Pending Action or Proceeding [491.410 - 491.470] ( Article 3 added by Stats. 1982, Ch. 1198, Sec. 57. ) ## 491.440. (a) Except as provided in subdivision (c) of Section 491.410, unless the lien is released, the judgment recovered in the action or special proceeding in favor of the defendant may not be enforced by a writ or otherwise, and no compromise, dismissal, settlement, or satisfaction of the pending action or special proceeding or the judgment procured therein may be entered into by or on behalf of the defendant, without the written consent of the plaintiff or authorization by order of the court obtained under subdivision (b). (b) Upon application by the defendant, the court in which the action or special proceeding subject to the lien under this article is pending or the judgment procured therein is entered may, in its discretion, after a hearing, make an order described in subdivision (a) that may include such terms and conditions as the court deems necessary. The application for an order under this subdivision shall be made on noticed motion. The notice of motion shall be served on the plaintiff. (Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  55. 491.450.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 3. Lien in Pending Action or Proceeding [491.410 - 491.470] ( Article 3 added by Stats. 1982, Ch. 1198, Sec. 57. )

    Verify source ↗

    If a lien is created under this article, the court clerk must note the lien and when it was created on the 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 3. Lien in Pending Action or Proceeding [491.410 - 491.470] ( Article 3 added by Stats. 1982, Ch. 1198, Sec. 57. ) ## 491.450. (a) If a lien is created pursuant to this article, the court clerk shall endorse upon the judgment recovered in the action or special proceeding a statement of the existence of the lien and the time it was created. (b) Any abstract issued upon the judgment shall include a statement of the lien in favor of the plaintiff. (Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  56. 491.460.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 3. Lien in Pending Action or Proceeding [491.410 - 491.470] ( Article 3 added by Stats. 1982, Ch. 1198, Sec. 57. )

    Verify source ↗

    The court may attach a defendant’s judgment rights or stop transfer of property to satisfy a lien, and certain motions must be noticed and served on all other parties.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 3. Lien in Pending Action or Proceeding [491.410 - 491.470] ( Article 3 added by Stats. 1982, Ch. 1198, Sec. 57. ) ## 491.460. (a) If the defendant is entitled to money or property under the judgment in the action or special proceeding and a lien created under this article exists, upon application of any party to the action or special proceeding, the court may order that the defendant’s rights to money or property under the judgment be attached or otherwise applied to the satisfaction of the lien created under this article as ordered by the court. Application for an order under this section shall be on noticed motion. The notice of motion shall be served on all other parties. (b) If the judgment determines that the defendant has an interest in property, the court may order the party having custody or control of the property not to transfer the property until it can be attached or otherwise applied to the satisfaction of the lien created under this article. (c) If the court determines that a party (other than the defendant) having notice of the lien created under this article has transferred property that was subject to the lien, or has paid an amount to the defendant that was subject to the lien, the court shall render judgment against the party in an amount equal to the lesser of the following: (1) The value of the defendant’s interest in the property or the amount paid to the defendant. (2) The amount of the plaintiff’s lien created under this article. (d) A judgment or order under this section may be enforced in the same manner as it could be enforced if it had been obtained by the defendant against the third party; but, prior to entry of judgment in favor of the plaintiff against the defendant, any money or property obtained in enforcing the judgment or order against the third party shall be paid or delivered into court to abide the judgment in the action of the plaintiff against the defendant or shall be held by a levying officer, or otherwise held, as ordered by the court. (Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  57. 491.470.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 3. Lien in Pending Action or Proceeding [491.410 - 491.470] ( Article 3 added by Stats. 1982, Ch. 1198, Sec. 57. )

    Verify source ↗

    If a lien is created under this article, the defendant may claim an exemption from attachment for recoverable money or property, but must do so by noticed motion within 30 days after notice of the lien and support it with an affidavit.

    ## 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 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110 - 491.470] ( Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57. ) ## ARTICLE 3. Lien in Pending Action or Proceeding [491.410 - 491.470] ( Article 3 added by Stats. 1982, Ch. 1198, Sec. 57. ) ## 491.470. (a) If a lien is created under this article, the defendant may claim that all or any portion of the money or property that the defendant may recover in the action or special proceeding is exempt from attachment. The claim shall be made by application on noticed motion to the court in which the action or special proceeding is pending, filed, and served on the plaintiff not later than 30 days after the defendant has notice of the creation of lien. The defendant shall execute an affidavit in support of the application that includes the matters set forth in subdivision (c) of Section 484.070. No notice of opposition to the claim of exemption is required. The failure of the defendant to make a claim of exemption under this section constitutes a waiver of the exemption. (b) The court may determine the exemption claim at any time prior to the entry of judgment in the action or special proceeding or may consolidate the exemption hearing with the hearing on a motion pursuant to Section 491.460. (c) If the defendant establishes to the satisfaction of the court that the money or property that the defendant may recover in the action or special proceeding is all or partially exempt from attachment, the court shall order the termination of the lien created under this article on the exempt portion of the money or property. (Added by Stats. 1984, Ch. 538, Sec. 11.)
  58. 492.010.

    ## 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 12. Nonresident Attachment [492.010 - 492.090] ( Chapter 12 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    An attachment may be issued in a money-recovery action against certain nonresidents and foreign 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 12. Nonresident Attachment [492.010 - 492.090] ( Chapter 12 added by Stats. 1974, Ch. 1516. ) ## 492.010. Notwithstanding subdivision (a) of Section 483.010, an attachment may be issued in any action for the recovery of money brought against any of the following: (a) A natural person who does not reside in this state. (b) A foreign corporation not qualified to do business in this state under the provisions of Chapter 21 (commencing with Section 2100) of Division 1 of Title 1 of the Corporations Code. (c) A foreign partnership which has not filed a designation pursuant to Section 15800 of the Corporations Code. (Amended by Stats. 2021, Ch. 124, Sec. 9. (AB 938) Effective January 1, 2022.)
  59. 492.020.

    ## 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 12. Nonresident Attachment [492.010 - 492.090] ( Chapter 12 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    The plaintiff may apply to the court for a right to attach order and writ of attachment, but the application must meet Section 484.020 and be supported 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 12. Nonresident Attachment [492.010 - 492.090] ( Chapter 12 added by Stats. 1974, Ch. 1516. ) ## 492.020. (a) Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a right to attach order and a writ of attachment by filing an application for the order and writ with the court in which the action is brought. (b) The application shall satisfy the requirements of Section 484.020 and shall be supported by an affidavit showing all of the following: (1) The action is one described in Section 492.010 and is brought against a defendant described in Section 492.010. (2) The plaintiff on the facts presented would be entitled to a judgment on the claim upon which the attachment is based. (3) The property sought to be attached is subject to attachment pursuant to Section 492.040. (c) The affidavit in support of the showing required by paragraph (3) of subdivision (b) may be based on the affiant’s information and belief. (Added by Stats. 1974, Ch. 1516.)
  60. 492.030.

    ## 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 12. Nonresident Attachment [492.010 - 492.090] ( Chapter 12 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    The court must review an application and supporting affidavit, and if specific findings are met, issue a right to attach order and a writ of attachment. If the papers do not satisfy the chapter, the court must deny 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 12. Nonresident Attachment [492.010 - 492.090] ( Chapter 12 added by Stats. 1974, Ch. 1516. ) ## 492.030. (a) The court shall examine the application and supporting affidavit and shall issue a right to attach order, which shall state the amount to be secured by the attachment, and order a writ of attachment to be issued upon the filing of an undertaking as provided by Sections 489.210 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 defendant is one described in Section 492.010. (4) The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based. (5) The affidavit accompanying the application shows that the property sought to be attached, or the portion thereof to be specified in the writ, is subject to attachment pursuant to Section 492.040. (6) The amount to be secured by the attachment is greater than zero. (b) If the court finds that the application and supporting affidavit do not satisfy the requirements of this chapter, it shall so state and deny the order. If denial is solely on the ground that the defendant is not one described in Section 492.010, the judicial officer 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. 10. Effective January 1, 1998.)
  61. 492.040.

    ## 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 12. Nonresident Attachment [492.010 - 492.090] ( Chapter 12 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    A writ of attachment may be levied on a defendant’s property if the levy method is provided in Chapter 8, Article 2. After the defendant makes a general appearance, only nonexempt property may be levied, and exempt property already levied must be released by court 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 12. Nonresident Attachment [492.010 - 492.090] ( Chapter 12 added by Stats. 1974, Ch. 1516. ) ## 492.040. Notwithstanding Sections 487.010 and 487.020, a writ of attachment issued under this chapter may be levied upon any property of a defendant for which a method of levy is provided by Article 2 (commencing with Section 488.300) of Chapter 8. However, after the defendant has filed a general appearance in the action, only nonexempt property of the defendant may be levied upon and property previously levied upon which is exempt under Section 487.020 shall be released upon order of the court. (Amended by Stats. 1982, Ch. 1198, Sec. 59. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  62. 492.050.

    ## 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 12. Nonresident Attachment [492.010 - 492.090] ( Chapter 12 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    A defendant whose property was attached may ask the court to set aside the right to attach order, quash the writ, and release 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 12. Nonresident Attachment [492.010 - 492.090] ( Chapter 12 added by Stats. 1974, Ch. 1516. ) ## 492.050. (a) Any defendant whose property has been attached pursuant to a writ issued under this chapter may apply for an order that the right to attach order be set aside, the writ of attachment quashed, and any property levied upon pursuant to the writ released. Such application shall 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. (c) If the defendant has filed a general appearance in the action, the right to attach order shall be set aside unless the plaintiff shows that his right to attach is authorized by a provision other than Section 492.010. (d) At the hearing on the motion, the court shall determine whether the plaintiff is entitled to a right to attach order. If the court finds that the plaintiff is not entitled to a right to attach order, it shall order the right to attach order set aside, the writ of attachment quashed, and any property levied upon pursuant to the writ released. If the court finds that the plaintiff is entitled to a right to attach order, the attachment shall continue in effect except as provided in Section 492.040 and, 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. (e) The court’s determination 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. (f) 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. (Added by Stats. 1974, Ch. 1516.)
  63. 492.060.

    ## 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 12. Nonresident Attachment [492.010 - 492.090] ( Chapter 12 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    A plaintiff may apply for an additional writ of attachment after a right to attach order and writ of attachment have issued, but before the Section 492.050 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 12. Nonresident Attachment [492.010 - 492.090] ( Chapter 12 added by Stats. 1974, Ch. 1516. ) ## 492.060. At any time after a right to attach order and writ of attachment have been issued under this chapter and before the hearing provided by Section 492.050, the plaintiff may apply for an additional writ of attachment under this chapter as provided in Sections 492.060 to 492.090, inclusive. The application shall be filed with the court in which the action is brought. (Added by Stats. 1974, Ch. 1516.)
  64. 492.070.

    ## 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 12. Nonresident Attachment [492.010 - 492.090] ( Chapter 12 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    An attachment application must be sworn under oath and must include specified statements about the attachment order, the amount to be secured, and the 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 12. Nonresident Attachment [492.010 - 492.090] ( Chapter 12 added by Stats. 1974, Ch. 1516. ) ## 492.070. The application shall be executed under oath and shall include all of the following: (a) A statement that the plaintiff has been issued a right to attach order and writ of attachment pursuant to Section 492.030. (b) A statement of the amount to be secured by the attachment. (c) A 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 pursuant to Section 492.040. The description shall satisfy the requirements of Section 484.020. (Amended by Stats. 1982, Ch. 1198, Sec. 60. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  65. 492.090.

    ## 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 12. Nonresident Attachment [492.010 - 492.090] ( Chapter 12 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    The court must examine the application and supporting affidavit, and it must order a writ of attachment if 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 12. Nonresident Attachment [492.010 - 492.090] ( Chapter 12 added by Stats. 1974, Ch. 1516. ) ## 492.090. The court shall examine the application and supporting affidavit and shall order a writ of attachment to be issued upon the filing of an undertaking as provided by Sections 489.210 and 489.220, if it finds both of the following: (a) A right to attach order has been issued in the action pursuant to Section 492.030. (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 subject to attachment pursuant to Section 492.040. (Amended by Stats. 1976, Ch. 437.)
  66. 493.010.

    ## 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 13. Effect of Bankruptcy Proceedings and General Assignments for the Benefit of Creditors [493.010 - 493.060] ( Chapter 13 added by Stats. 1977, Ch. 499. )

    Verify source ↗

    This section defines “general assignment for the benefit of creditors” as an assignment meeting three requirements about assets, creditor benefit, and no built-in preference.

    ## 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 13. Effect of Bankruptcy Proceedings and General Assignments for the Benefit of Creditors [493.010 - 493.060] ( Chapter 13 added by Stats. 1977, Ch. 499. ) ## 493.010. As used in this chapter, “general assignment for the benefit of creditors” means an assignment which satisfies all of the following requirements: (a) The assignment is an assignment of all the defendant’s assets that are transferable and not exempt from enforcement of a money judgment. (b) The assignment is for the benefit of all the defendant’s creditors. (c) The assignment does not itself create a preference of one creditor or class of creditors over any other creditor or class of creditors, but the assignment may recognize the existence of preferences to which creditors are otherwise entitled. (Amended by Stats. 1982, Ch. 1198, Sec. 61. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  67. 493.020.

    ## 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 13. Effect of Bankruptcy Proceedings and General Assignments for the Benefit of Creditors [493.010 - 493.060] ( Chapter 13 added by Stats. 1977, Ch. 499. )

    Verify source ↗

    The defendant may make a general assignment for the benefit of creditors.

    ## 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 13. Effect of Bankruptcy Proceedings and General Assignments for the Benefit of Creditors [493.010 - 493.060] ( Chapter 13 added by Stats. 1977, Ch. 499. ) ## 493.020. Notwithstanding any other provision of this title, the defendant may make a general assignment for the benefit of creditors. (Added by Stats. 1977, Ch. 499.)
  68. 493.030.

    ## 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 13. Effect of Bankruptcy Proceedings and General Assignments for the Benefit of Creditors [493.010 - 493.060] ( Chapter 13 added by Stats. 1977, Ch. 499. )

    Verify source ↗

    A recent lien of attachment or temporary protective order can end when a general assignment for the benefit of creditors is made, or when a bankruptcy petition is filed, if the lien was created within 90 days before that event.

    ## 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 13. Effect of Bankruptcy Proceedings and General Assignments for the Benefit of Creditors [493.010 - 493.060] ( Chapter 13 added by Stats. 1977, Ch. 499. ) ## 493.030. (a) The making of a general assignment for the benefit of creditors terminates a lien of a temporary protective order or of attachment if the lien was created within 90 days prior to the making of the general assignment. (b) The filing of a petition commencing a voluntary or involuntary case under Title 11 of the United States Code (Bankruptcy) terminates a lien of a temporary protective order or of attachment if the lien was created within 90 days prior to the filing of the petition. (c) Subdivisions (a) and (b) do not apply unless all liens of attachment on the defendant’s property in other states that were created within 90 days prior to the making of a general assignment for the benefit of creditors or the filing of a petition commencing a case under Title 11 of the United States Code (Bankruptcy) have terminated. (Amended by Stats. 1979, Ch. 177.)
  69. 493.040.

    ## 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 13. Effect of Bankruptcy Proceedings and General Assignments for the Benefit of Creditors [493.010 - 493.060] ( Chapter 13 added by Stats. 1977, Ch. 499. )

    Verify source ↗

    This section lets an assignee, trustee, interim trustee, or debtor in possession request release of attached property, and requires the levying officer to mail notice and release the attachment on the stated timelines.

    ## 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 13. Effect of Bankruptcy Proceedings and General Assignments for the Benefit of Creditors [493.010 - 493.060] ( Chapter 13 added by Stats. 1977, Ch. 499. ) ## 493.040. (a) Where a lien of attachment terminates pursuant to Section 493.030, the assignee under a general assignment for the benefit of creditors or, in the case of a bankruptcy, the trustee, interim trustee, or the debtor in possession if there is no trustee or interim trustee, may secure the release of the attached property by filing with the levying officer a request for release of attachment stating the grounds for release and describing the property to be released, executed under oath, together with a copy thereof. (b) In the case of an assignee, the request shall include two copies of the general assignment for the benefit of creditors. (c) In the case of a trustee, interim trustee, or debtor in possession, the request shall include a certified copy of the petition in bankruptcy, together with a copy thereof. (d) If immediate release of the attachment is sought, the request shall be accompanied by an undertaking to pay the plaintiff any damages resulting from an improper release of the attachment, in the amount to be secured by the attachment, executed by an admitted surety insurer. (e) Within five days after the filing of the request for release of attachment, the levying officer shall mail to the plaintiff: (1) A copy of the request for release of the attachment, including the copy of the document filed pursuant to subdivision (b) or (c). (2) If an undertaking has not been given, a notice that the attachment will be released pursuant to the request for release of attachment unless otherwise ordered by a court within 10 days after the date of mailing the notice. (3) If an undertaking has been given, a notice that the attachment has been released. (f) Unless otherwise ordered by a court, if an undertaking has not been given, the levying officer shall release the attachment pursuant to the request for release of attachment after the expiration of 10 days from the date of mailing the papers referred to in subdivision (e) to the plaintiff. If an undertaking has been given, the levying officer shall immediately release the attachment pursuant to the request for release of attachment. (g) Where the attached property has been taken into custody, it shall be released to the person making the request for release of attachment or some other person designated in the request. Where the attached property has not been taken into custody, it shall be released as provided in subdivision (c) or (d) of Section 488.730. (h) The levying officer is not liable for releasing an attachment in accordance with this section nor is any other person liable for acting in conformity with the release. (Amended by Stats. 1982, Ch. 1198, Sec. 62.5. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
  70. 493.050.

    ## 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 13. Effect of Bankruptcy Proceedings and General Assignments for the Benefit of Creditors [493.010 - 493.060] ( Chapter 13 added by Stats. 1977, Ch. 499. )

    Verify source ↗

    This section says certain liens that had ended can be reinstated in specified bankruptcy or assignment situations.

    ## 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 13. Effect of Bankruptcy Proceedings and General Assignments for the Benefit of Creditors [493.010 - 493.060] ( Chapter 13 added by Stats. 1977, Ch. 499. ) ## 493.050. (a) The lien of a temporary protective order or of attachment, which has terminated pursuant to Section 493.030, is reinstated with the same effect as if it had not been terminated in the following cases: (1) Where the termination is the result of the making of a general assignment for the benefit of creditors and the general assignment for the benefit of creditors is set aside otherwise than by the filing of a petition commencing a case under Title 11 of the United States Code (Bankruptcy). (2) Where the termination is the result of the filing of a petition commencing a case under Title 11 of the United States Code (Bankruptcy) and the petition is dismissed. (3) Where the termination is the result of the filing of a petition commencing a case under Title 11 of the United States Code (Bankruptcy) and the trustee abandons property which had been subject to the lien of the temporary protective order or of attachment. (b) The period from the making of a general assignment for the benefit of creditors until reinstatement of the lien of the temporary protective order or of attachment is not counted in determining the duration of the temporary protective order or the lien of attachment. (Amended by Stats. 1979, Ch. 177.)
  71. 493.060.

    ## 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 13. Effect of Bankruptcy Proceedings and General Assignments for the Benefit of Creditors [493.010 - 493.060] ( Chapter 13 added by Stats. 1977, Ch. 499. )

    Verify source ↗

    If a general assignment for the benefit of creditors ends a lien, the assignee takes the plaintiff’s rights under the temporary protective order or attachment. If a bankruptcy petition is filed, a lien ended under this chapter is preserved for the estate.

    ## 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 13. Effect of Bankruptcy Proceedings and General Assignments for the Benefit of Creditors [493.010 - 493.060] ( Chapter 13 added by Stats. 1977, Ch. 499. ) ## 493.060. (a) Upon the making of a general assignment for the benefit of creditors that terminates a lien under this chapter, the assignee is subrogated to the rights of the plaintiff under the temporary protective order or attachment. (b) Upon the filing of a petition commencing a case under Title 11 of the United States Code (Bankruptcy), a lien terminated pursuant to this chapter is preserved for the benefit of the estate. (Amended by Stats. 1979, Ch. 177.)
  72. 5.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. )

    Verify source ↗

    Provisions of this Code that are substantially the same as existing statutes must be read as continuations, not new enactments.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 5. The provisions of this Code, so far as they are substantially the same as existing statutes, must be construed as continuations thereof, and not as new enactments. (Enacted 1872.)
  73. 501.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. General Provisions [501- 501.] ( Chapter 1 added by Stats. 1974, Ch. 1516. )

    Verify source ↗

    A person may not be imprisoned in a civil action for debt or tort, whether before or after judgment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 1. General Provisions [501- 501.] ( Chapter 1 added by Stats. 1974, Ch. 1516. ) ## 501. A person may not be imprisoned in a civil action for debt or tort, whether before or after judgment. Nothing in this section affects any power a court may have to imprison a person who violates a court order. (Added by Stats. 1974, Ch. 1516.)
  74. 511.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 1. Words and Phrases Defined [511.010 - 511.100] ( Article 1 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    The article’s definitions control how this chapter is interpreted 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 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 1. Words and Phrases Defined [511.010 - 511.100] ( Article 1 added by Stats. 1973, Ch. 526. ) ## 511.010. Unless the provision or context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1973, Ch. 526.)
  75. 511.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 1. Words and Phrases Defined [511.010 - 511.100] ( Article 1 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    For this section, “complaint” also means a cross-complaint.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 1. Words and Phrases Defined [511.010 - 511.100] ( Article 1 added by Stats. 1973, Ch. 526. ) ## 511.020. “Complaint” includes a cross-complaint. (Added by Stats. 1973, Ch. 526.)
  76. 511.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 1. Words and Phrases Defined [511.010 - 511.100] ( Article 1 added by Stats. 1973, Ch. 526. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 1. Words and Phrases Defined [511.010 - 511.100] ( Article 1 added by Stats. 1973, Ch. 526. ) ## 511.030. “Defendant” includes a cross-defendant. (Added by Stats. 1973, Ch. 526.)
  77. 511.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 1. Words and Phrases Defined [511.010 - 511.100] ( Article 1 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    The provision defines “farm products” and says tangible personal property that is a farm product is not inventory.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 1. Words and Phrases Defined [511.010 - 511.100] ( Article 1 added by Stats. 1973, Ch. 526. ) ## 511.040. “Farm products” means crops or livestock or supplies used or produced in farming operations or products of crops or livestock in their unmanufactured states (such as ginned cotton, wool clip, maple syrup, honey, milk, and eggs) while in the possession of a defendant engaged in raising, fattening, grazing, or other farming operations. If tangible personal property is a farm product, it is not inventory. (Added by Stats. 1973, Ch. 526.)
  78. 511.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 1. Words and Phrases Defined [511.010 - 511.100] ( Article 1 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    This section defines “inventory” as tangible personal property held by a defendant for sale, lease, or furnishing under contracts of service.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 1. Words and Phrases Defined [511.010 - 511.100] ( Article 1 added by Stats. 1973, Ch. 526. ) ## 511.050. “Inventory” means tangible personal property in the possession of a defendant who holds it for sale or lease or to be furnished under contracts of service. (Added by Stats. 1973, Ch. 526.)
  79. 511.060.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 1. Words and Phrases Defined [511.010 - 511.100] ( Article 1 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    This section defines “levying officer” as the sheriff or marshal directed to execute a writ of possession under this chapter.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 1. Words and Phrases Defined [511.010 - 511.100] ( Article 1 added by Stats. 1973, Ch. 526. ) ## 511.060. “Levying officer” means the sheriff or marshal who is directed to execute a writ of possession issued under this chapter. (Amended by Stats. 1996, Ch. 872, Sec. 14. Effective January 1, 1997.)
  80. 511.070.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 1. Words and Phrases Defined [511.010 - 511.100] ( Article 1 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    “Person” includes individuals, corporations, partnerships or other unincorporated associations, limited liability companies, and public entities.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 1. Words and Phrases Defined [511.010 - 511.100] ( Article 1 added by Stats. 1973, Ch. 526. ) ## 511.070. “Person” includes an individual, a corporation, a partnership or other unincorporated association, a limited liability company, and a public entity. (Amended by Stats. 1994, Ch. 1010, Sec. 59. Effective January 1, 1995.)
  81. 511.080.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 1. Words and Phrases Defined [511.010 - 511.100] ( Article 1 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    “Plaintiff” means 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 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 1. Words and Phrases Defined [511.010 - 511.100] ( Article 1 added by Stats. 1973, Ch. 526. ) ## 511.080. “Plaintiff” means a person who files a complaint or cross-complaint. (Added by Stats. 1973, Ch. 526.)
  82. 511.090.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 1. Words and Phrases Defined [511.010 - 511.100] ( Article 1 added by Stats. 1973, Ch. 526. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 1. Words and Phrases Defined [511.010 - 511.100] ( Article 1 added by Stats. 1973, Ch. 526. ) ## 511.090. A claim has “probable validity” where it is more likely than not that the plaintiff will obtain a judgment against the defendant on that claim. (Added by Stats. 1973, Ch. 526.)
  83. 511.100.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 1. Words and Phrases Defined [511.010 - 511.100] ( Article 1 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    “Public entity” is defined to include the state and specified public bodies in California.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 1. Words and Phrases Defined [511.010 - 511.100] ( Article 1 added by Stats. 1973, Ch. 526. ) ## 511.100. “Public entity” includes the state, the Regents of the University of California, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the state. (Added by Stats. 1973, Ch. 526.)
  84. 512.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 2. Writ of Possession [512.010 - 512.120] ( Article 2 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    A plaintiff may apply for a writ of possession by filing a written application with the court, and the application must be sworn and include specific factual showings about the claim, the property, detention, location, and seizure status.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 2. Writ of Possession [512.010 - 512.120] ( Article 2 added by Stats. 1973, Ch. 526. ) ## 512.010. (a) Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a writ of possession by filing a written application for the writ with the court in which the action is brought. (b) The application shall be executed under oath and shall include all of the following: (1) A showing of the basis of the plaintiff’s claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff’s claim is a written instrument, a copy of the instrument shall be attached. (2) A showing that the property is wrongfully detained by the defendant, of the manner in which the defendant came into possession of the property, and, according to the best knowledge, information, and belief of the plaintiff, of the reason for the detention. (3) A particular description of the property and a statement of its value. (4) A statement, according to the best knowledge, information, and belief of the plaintiff, of the location of the property and, if the property, or some part of it, is within a private place which may have to be entered to take possession, a showing that there is probable cause to believe that such property is located there. (5) A statement that the property has not been taken for a tax, assessment, or fine, pursuant to a statute; or seized under an execution against the property of the plaintiff; or, if so seized, that it is by statute exempt from such seizure. (c) The requirements of subdivision (b) may be satisfied by one or more affidavits filed with the application. (Added by Stats. 1973, Ch. 526.)
  85. 512.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 2. Writ of Possession [512.010 - 512.120] ( Article 2 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    A writ of possession is generally allowed only after a noticed-motion hearing, but it can be issued ex parte if probable cause shows one of the listed conditions.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 2. Writ of Possession [512.010 - 512.120] ( Article 2 added by Stats. 1973, Ch. 526. ) ## 512.020. (a) Except as otherwise provided in this section, no writ shall be issued under this chapter except after a hearing on a noticed motion. (b) A writ of possession may be issued ex parte pursuant to this subdivision if probable cause appears that any of the following conditions exists: (1) The defendant gained possession of the property by feloniously taking the property from the plaintiff. This subdivision shall not apply where the defendant has fraudulently appropriated property entrusted to him or obtained possession by false or fraudulent representation or pretense or by embezzlement. (2) The property is a credit card. (3) The defendant acquired possession of the property in the ordinary course of his trade or business for commercial purposes and: (i) The property is not necessary for the support of the defendant or his family; and (ii) There is an immediate danger that the property will become unavailable to levy by reason of being transferred, concealed, or removed from the state or will become substantially impaired in value by acts of destruction or by failure to take care of the property in a reasonable manner; and (iii) The ex parte issuance of a writ of possession is necessary to protect the property. The plaintiff’s application for the writ shall satisfy the requirements of Section 512.010 and, in addition, shall include a showing that the conditions required by this subdivision exist. A writ of possession may issue if the court finds that the conditions required by this subdivision exist and the requirements of Section 512.060 are met. Where a writ of possession has been issued pursuant to this subdivision, a copy of the summons and complaint, a copy of the application and any affidavit in support thereof, and a notice which satisfies the requirements of subdivisions (c) and (d) of Section 512.040 and informs the defendant of his rights under this subdivision shall be served upon the defendant and any other person required by Section 514.020 to be served with a writ of possession. Any defendant whose property has been taken pursuant to a writ of possession issued under this subdivision may apply for an order that the writ be quashed and any property levied on pursuant to the writ be released. Such application shall be made by noticed motion, and the provisions of Section 512.050 shall apply. Pending the hearing on the defendant’s application, the court may order that delivery pursuant to Section 514.030 of any property previously levied upon be stayed. If the court determines that the plaintiff is not entitled to a writ of possession, the court shall quash the writ of possession and order the release and redelivery of any property previously levied upon, and shall award the defendant any damages sustained by him which were proximately caused by the levy of the writ of possession and the loss of possession of the property pursuant to such levy. (Added by Stats. 1973, Ch. 526.)
  86. 512.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 2. Writ of Possession [512.010 - 512.120] ( Article 2 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    Before the hearing, the defendant must be served with the summons and complaint, the Notice of Application and Hearing, and any supporting application affidavit.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 2. Writ of Possession [512.010 - 512.120] ( Article 2 added by Stats. 1973, Ch. 526. ) ## 512.030. (a) Prior to the hearing required by subdivision (a) of Section 512.020, the defendant shall be served with all of the following: (1) A copy of the summons and complaint. (2) A Notice of Application and Hearing. (3) A copy of the application and any affidavit in support thereof. (b) If the defendant has not appeared in the action, and a writ, notice, order, or other paper 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. (Amended by Stats. 2007, Ch. 15, Sec. 2. Effective January 1, 2008.)
  87. 512.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 2. Writ of Possession [512.010 - 512.120] ( Article 2 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    The notice must tell the defendant about the hearing, the writ-issuance conditions, and the statement about seeking an attorney’s advice. If the defendant wants to oppose the writ, the defendant must file either an affidavit or an undertaking.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 2. Writ of Possession [512.010 - 512.120] ( Article 2 added by Stats. 1973, Ch. 526. ) ## 512.040. 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 writ of possession. (b) The writ will be issued if the court finds that the plaintiff’s claim is probably valid and the other requirements for issuing the writ 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 decision at the hearing on the application for the writ. (c) If the defendant desires to oppose the issuance of the writ, he shall file with the court either an affidavit providing evidence sufficient to defeat the plaintiff’s right to issuance of the writ or an undertaking to stay the delivery of the property in accordance with Section 515.020. (d) The notice shall contain the following statement: “If you believe the plaintiff may not be entitled to possession of the property claimed, you may wish to seek the advice of an attorney. Such attorney should be consulted promptly so that he may assist you before the time set for the hearing.” (Added by Stats. 1973, Ch. 526.)
  88. 512.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 2. Writ of Possession [512.010 - 512.120] ( Article 2 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    Each party must file and serve any affidavits and points and authorities it wants to use at the hearing within the time set by rule. The court must decide the matter based on the pleadings and papers in the record, but may consider extra evidence or continue the hearing if good cause is shown.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 2. Writ of Possession [512.010 - 512.120] ( Article 2 added by Stats. 1973, Ch. 526. ) ## 512.050. Each party shall file with the court and serve upon the other party within the time prescribed by rule any affidavits and points and authorities intended to be relied upon at the hearing. At the hearing, the court shall make its determinations upon the basis of the pleadings and other papers in the record; but, upon good cause shown, the court may receive and consider additional evidence and authority produced at the hearing or may continue the hearing for the production of such additional evidence, oral or documentary, or the filing of other affidavits or points and authorities. (Added by Stats. 1973, Ch. 526.)
  89. 512.060.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 2. Writ of Possession [512.010 - 512.120] ( Article 2 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    A writ of possession must issue at the hearing if the plaintiff proves probable validity of the possession claim and meets Section 515.010 undertaking requirements.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 2. Writ of Possession [512.010 - 512.120] ( Article 2 added by Stats. 1973, Ch. 526. ) ## 512.060. (a) At the hearing, a writ of possession shall issue if both of the following are found: (1) The plaintiff has established the probable validity of the plaintiff’s claim to possession of the property. (2) The undertaking requirements of Section 515.010 are satisfied. (b) No writ directing the levying officer to enter a private place to take possession of any property shall be issued unless the plaintiff has established that there is probable cause to believe that the property is located there. (Amended by Stats. 2002, Ch. 68, Sec. 1. Effective January 1, 2003.)
  90. 512.070.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 2. Writ of Possession [512.010 - 512.120] ( Article 2 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    If a writ of possession is issued, the court may order the defendant to transfer the property to the plaintiff, and the order must warn that noncompliance may lead to contempt of court.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 2. Writ of Possession [512.010 - 512.120] ( Article 2 added by Stats. 1973, Ch. 526. ) ## 512.070. If a writ of possession is issued, the court may also issue an order directing the defendant to transfer possession of the property to the plaintiff. Such order shall contain a notice to the defendant that failure to turn over possession of such property to plaintiff may subject the defendant to being held in contempt of court. (Amended by Stats. 1976, Ch. 145.)
  91. 512.080.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 2. Writ of Possession [512.010 - 512.120] ( Article 2 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    A writ of possession must follow several specific content and direction requirements, including instructions to the levying officer and notice to the defendant.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 2. Writ of Possession [512.010 - 512.120] ( Article 2 added by Stats. 1973, Ch. 526. ) ## 512.080. The writ of possession shall meet all of the following requirements: (a) Be directed to the levying officer within whose jurisdiction the property is located. (b) Describe the specific property to be seized. (c) Specify any private place that may be entered to take possession of the property or some part of it. (d) Direct the levying officer to levy on the property pursuant to Section 514. 010 if found and to retain it in custody until released or sold pursuant to Section 514.030. (e) Inform the defendant of the right to object to the plaintiff’s undertaking, a copy of which shall be attached to the writ, or to obtain redelivery of the property by filing an undertaking as prescribed by Section 515.020. (Amended by Stats. 1982, Ch. 517, Sec. 118.)
  92. 512.090.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 2. Writ of Possession [512.010 - 512.120] ( Article 2 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    The plaintiff may ask the court in writing, ex parte, for an endorsement on the writ to let the levying officer seize the property at a private place not named in the writ. The court must grant it if the plaintiff shows probable cause by affidavit that the property may be found there.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 2. Writ of Possession [512.010 - 512.120] ( Article 2 added by Stats. 1973, Ch. 526. ) ## 512.090. (a) The plaintiff may apply ex parte in writing to the court in which the action was brought for an endorsement on the writ directing the levying officer to seize the property at a private place not specified in the writ. (b) The court shall make the endorsement if the plaintiff establishes by affidavit that there is probable cause to believe that the property or some part of it may be found at that place. (Added by Stats. 1973, Ch. 526.)
  93. 512.100.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 2. Writ of Possession [512.010 - 512.120] ( Article 2 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    A defendant’s silence or failure to rebut evidence in a writ-of-possession proceeding does not waive defenses or limit the defendant’s evidence rights at trial.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 2. Writ of Possession [512.010 - 512.120] ( Article 2 added by Stats. 1973, Ch. 526. ) ## 512.100. Neither the failure of the defendant to oppose the issuance of a writ of possession under this chapter nor his failure to rebut any evidence produced by the plaintiff in connection with proceedings under this chapter shall constitute a waiver of any defense to 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. (Added by Stats. 1973, Ch. 526.)
  94. 512.110.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 2. Writ of Possession [512.010 - 512.120] ( Article 2 added by Stats. 1973, Ch. 526. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 2. Writ of Possession [512.010 - 512.120] ( Article 2 added by Stats. 1973, Ch. 526. ) ## 512.110. The determinations of the court under this chapter shall have no effect on the determination of any issues in the action other than the issues relevant to proceedings under this chapter, nor shall they affect the rights of any party in any other action arising out of the same claim. The determinations of the court under this chapter shall not be given in evidence nor referred to in the trial of any such action. (Added by Stats. 1973, Ch. 526.)
  95. 512.120.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 2. Writ of Possession [512.010 - 512.120] ( Article 2 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    If the plaintiff does not recover judgment, the plaintiff must return the property to the defendant and may be liable for damages caused by the restraining order, injunction, levy, or loss of possession.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 2. Writ of Possession [512.010 - 512.120] ( Article 2 added by Stats. 1973, Ch. 526. ) ## 512.120. If the plaintiff fails to recover judgment in the action, he shall redeliver the property to the defendant and be liable for all damages sustained by the defendant which are proximately caused by operation of the temporary restraining order and preliminary injunction, if any, the levy of the writ of possession, and the loss of possession of the property pursuant to levy of the writ of possession or in compliance with an order issued under Section 512.070. (Added by Stats. 1973, Ch. 526.)
  96. 513.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 3. Temporary Restraining Order [513.010 - 513.020] ( Article 3 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    A plaintiff may ask for a temporary restraining order with a writ-of-possession application, and the court may issue it ex parte if specified findings are made.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 3. Temporary Restraining Order [513.010 - 513.020] ( Article 3 added by Stats. 1973, Ch. 526. ) ## 513.010. (a) Except as otherwise provided by this chapter, the provisions of Chapter 3 (commencing with Section 525) of this title relating to the issuance of a temporary restraining order apply. At or after the time he files his application for writ of possession, the plaintiff may apply for a temporary restraining order by setting forth in the application a statement of grounds justifying the issuance of such order. (b) A temporary restraining order may issue ex parte if all of the following are found: (1) The plaintiff has established the probable validity of his claim to possession of the property. (2) The plaintiff has provided an undertaking as required by Section 515.010. (3) The plaintiff has established the probability that there is an immediate danger that the property claimed may become unavailable to levy by reason of being transferred, concealed, or removed or may become substantially impaired in value. (c) If at the hearing on issuance of the writ of possession the court determines that the plaintiff is not entitled to a writ of possession, the court shall dissolve any temporary restraining order; otherwise, the court may issue a preliminary injunction to remain in effect until the property claimed is seized pursuant to the writ of possession. (Added by Stats. 1973, Ch. 526.)
  97. 513.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 3. Temporary Restraining Order [513.010 - 513.020] ( Article 3 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    A court may issue a temporary restraining order that stops a defendant from transferring, hiding, removing, or damaging property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 3. Temporary Restraining Order [513.010 - 513.020] ( Article 3 added by Stats. 1973, Ch. 526. ) ## 513.020. In the discretion of the court, the temporary restraining order may prohibit the defendant from doing any or all of the following: (a) Transferring any interest in the property by sale, pledge, or grant of security interest, or otherwise disposing of, or encumbering, the property. If the property is farm products held for sale or lease or is inventory, the order may not prohibit the defendant from transferring the property in the ordinary course of business, but the order may impose appropriate restrictions on the disposition of the proceeds from such transfer. (b) Concealing or otherwise removing the property in such a manner as to make it less available to seizure by the levying officer. (c) Impairing the value of the property either by acts of destruction or by failure to care for the property in a reasonable manner. (Added by Stats. 1973, Ch. 526.)
  98. 514.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 4. Levy and Custody [514.010 - 514.050] ( Article 4 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    The levying officer must search for and take custody of the specified property after receiving the writ of possession, with special rules for dwellings and private places.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 4. Levy and Custody [514.010 - 514.050] ( Article 4 added by Stats. 1973, Ch. 526. ) ## 514.010. (a) Except as otherwise provided in this section, upon receipt of the writ of possession the levying officer shall search for and take custody of the specified property, if it be in the possession of the defendant or his agent, either by removing the property to a place of safekeeping or by installing a keeper. (b) If the specified property is used as a dwelling, such as a mobilehome or boat, levy shall be made by placing a keeper in charge of the property for two days, at the plaintiff’s expense, after which period the levying officer shall remove the occupants and any contents not specified in the writ and shall take exclusive possession of the property. (c) If the specified property or any part of it is in a private place, the levying officer shall at the time he demands possession of the property announce his identity, purpose, and authority. If the property is not voluntarily delivered, the levying officer may cause any building or enclosure where the property may be located to be broken open in such a manner as he reasonably believes will cause the least damage and may call upon the power of the county to aid and protect him, but, if he reasonably believes that entry and seizure of the property will involve a substantial risk of death or serious bodily harm to any person, he shall refrain from seizing the property and shall promptly make a return to the court from which the writ issued setting forth the reasons for his belief that the risk exists. In such case, the court shall make such orders as may be appropriate. (d) Nothing in this section authorizes the levying officer to enter or search any private place not specified in the writ of possession or other order of the court. (Added by Stats. 1973, Ch. 526.)
  99. 514.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 4. Levy and Custody [514.010 - 514.050] ( Article 4 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    The levying officer must give specified documents at the time of levy, and if no one is in possession of the property, later serve the writ and attached undertaking on the defendant.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 4. Levy and Custody [514.010 - 514.050] ( Article 4 added by Stats. 1973, Ch. 526. ) ## 514.020. (a) At the time of levy, the levying officer shall deliver to the person in possession of the property a copy of the writ of possession, a copy of the plaintiff’s undertaking, if any, and a copy of the order for issuance of the writ. (b) If no one is in possession of the property at the time of levy, the levying officer shall subsequently serve the writ and attached undertaking on the defendant. If the defendant has appeared in the action, service shall be accomplished in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14. If the defendant has not appeared in the action, service shall be accomplished in the manner provided for the service of summons and complaint by Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5. (Amended by Stats. 2002, Ch. 68, Sec. 2. Effective January 1, 2003.)
  100. 514.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 4. Levy and Custody [514.010 - 514.050] ( Article 4 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    The levying officer must keep seized property in a secure place and must deliver or redeliver it based on timely notice and fee payment; the court may order a sale in some cases.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 4. Levy and Custody [514.010 - 514.050] ( Article 4 added by Stats. 1973, Ch. 526. ) ## 514.030. (a) After the levying officer takes possession pursuant to a writ of possession, the levying officer shall keep the property in a secure place. Except as otherwise provided by Sections 512.020 and 514.050: (1) If notice of the filing of an undertaking for redelivery or notice of objection to the plaintiff’s undertaking is not received by the levying officer within 10 days after levy of the writ of possession, the levying officer shall deliver the property to plaintiff, upon receiving the fees for taking and necessary expenses for keeping the property. (2) If notice of the filing of an undertaking for redelivery is received by the levying officer within 10 days after levy of the writ of possession and defendant’s undertaking is not objected to, the levying officer shall redeliver the property to defendant upon expiration of the time to so object, upon receiving the fees for taking and necessary expenses for keeping the property not already paid or advanced by the plaintiff. (3) If notice of objection to the plaintiff’s undertaking or notice of the filing of an undertaking for redelivery is received within 10 days after levy of the writ of possession and defendant’s undertaking is objected to, the levying officer shall not deliver or redeliver the property until the time provided in Section 515.030. (b) Notwithstanding subdivision (a), where not otherwise provided by contract and where an undertaking for redelivery has not been filed, upon a showing that the property is perishable or will greatly deteriorate or depreciate in value or for some other reason that the interests of the parties will be best served thereby, the court may order that the property be sold and the proceeds deposited in the court to abide the judgment in the action. (Amended by Stats. 1982, Ch. 517, Sec. 119.)
  101. 514.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 4. Levy and Custody [514.010 - 514.050] ( Article 4 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    The levying officer must return the writ of possession, with the proceedings, to the court in the pending action within 30 days after levy, and never later than 60 days after the writ is issued.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 4. Levy and Custody [514.010 - 514.050] ( Article 4 added by Stats. 1973, Ch. 526. ) ## 514.040. The levying officer shall return the writ of possession, with his proceedings thereon, to the court in which the action is pending within 30 days after levy but in no event more than 60 days after the writ is issued. (Added by Stats. 1973, Ch. 526.)
  102. 514.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 4. Levy and Custody [514.010 - 514.050] ( Article 4 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    If seized property is claimed by a third person, the procedures for third-party claims under Division 4 apply.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 4. Levy and Custody [514.010 - 514.050] ( Article 4 added by Stats. 1973, Ch. 526. ) ## 514.050. Where the property taken is claimed by a third person, the rules and proceedings applicable in cases of third-party claims under Division 4 (commencing with Section 720.010) of Title 9 apply. (Amended by Stats. 1982, Ch. 497, Sec. 33. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
  103. 515.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 5. Undertakings [515.010 - 515.030] ( Article 5 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    A plaintiff must file an undertaking before the court may issue a temporary restraining order or writ of possession, unless subdivision (b) applies.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 5. Undertakings [515.010 - 515.030] ( Article 5 added by Stats. 1973, Ch. 526. ) ## 515.010. (a) Except as provided in subdivision (b), the court shall not issue a temporary restraining order or a writ of possession until the plaintiff has filed an undertaking with the court . The undertaking shall provide that the sureties are bound to the defendant for the return of the property to the defendant, if return of the property is ordered, and for the payment to the defendant of any sum recovered against the plaintiff. The undertaking shall be in an amount not less than twice the value of the defendant’s interest in the property or in a greater amount. The value of the defendant’s interest in the property is determined by the market value of the property less the amount due and owing on any conditional sales contract or security agreement and all liens and encumbrances on the property, and any other factors necessary to determine the defendant’s interest in the property. (b) If the court finds that the defendant has no interest in the property, the court shall waive the requirement of the plaintiff’s undertaking and shall include in the order for issuance of the writ the amount of the defendant’s undertaking sufficient to satisfy the requirements of subdivision (b) of Section 515.020. (Amended by Stats. 2002, Ch. 68, Sec. 3. Effective January 1, 2003.)
  104. 515.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 5. Undertakings [515.010 - 515.030] ( Article 5 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    The defendant may use an undertaking to stop the plaintiff from taking property under a writ of possession or to get the property back, and must mail a copy to the levying officer.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 5. Undertakings [515.010 - 515.030] ( Article 5 added by Stats. 1973, Ch. 526. ) ## 515.020. (a) The defendant may prevent the plaintiff from taking possession of property pursuant to a writ of possession or regain possession of property so taken by filing with the court in which the action was brought an undertaking in an amount equal to the amount of the plaintiff’s undertaking pursuant to subdivision (a) of Section 515.010 or in the amount determined by the court pursuant to subdivision (b) of Section 515.010. (b) The undertaking shall state that, if the plaintiff recovers judgment on the action, the defendant shall pay all costs awarded to the plaintiff and all damages that the plaintiff may sustain by reason of the loss of possession of the property. The damages recoverable by the plaintiff pursuant to this section shall include all damages proximately caused by the plaintiff’s failure to gain or retain possession. (c) The defendant’s undertaking may be filed at any time before or after levy of the writ of possession. A copy of the undertaking shall be mailed to the levying officer. (d) If an undertaking for redelivery is filed and the defendant’s undertaking is not objected to, the levying officer shall deliver the property to the defendant, or, if the plaintiff has previously been given possession of the property, the plaintiff shall deliver the property to the defendant. If an undertaking for redelivery is filed and the defendant’s undertaking is objected to, the provisions of Section 515.030 apply. (Amended by Stats. 2002, Ch. 68, Sec. 4. Effective January 1, 2003.)
  105. 515.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 5. Undertakings [515.010 - 515.030] ( Article 5 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    The defendant or plaintiff may object to the other side’s undertaking within 10 days, and must mail the objection notice to the levying officer. If the court finds an undertaking insufficient, it can vacate orders and direct return or delivery of the property depending on which undertaking fails.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 5. Undertakings [515.010 - 515.030] ( Article 5 added by Stats. 1973, Ch. 526. ) ## 515.030. (a) The defendant may object to the plaintiff’s undertaking not later than 10 days after levy of the writ of possession. The defendant shall mail notice of objection to the levying officer. (b) The plaintiff may object to the defendant’s undertaking not later than 10 days after the defendant’s undertaking is filed. The plaintiff shall mail notice of objection to the levying officer. (c) If the court determines that the plaintiff’s undertaking is insufficient and a sufficient undertaking is not filed within the time required by statute, the court shall vacate the temporary restraining order or preliminary injunction, if any, and the writ of possession and, if levy has occurred, order the levying officer or the plaintiff to return the property to the defendant. If the court determines that the plaintiff’s undertaking is sufficient, the court shall order the levying officer to deliver the property to the plaintiff. (d) If the court determines that the defendant’s undertaking is insufficient and a sufficient undertaking is not filed within the time required by statute, the court shall order the levying officer to deliver the property to the plaintiff, or, if the plaintiff has previously been given possession of the property, the plaintiff shall retain possession. If the court determines that the defendant’s undertaking is sufficient, the court shall order the levying officer or the plaintiff to deliver the property to the defendant. (Amended by Stats. 1984, Ch. 538, Sec. 14.)
  106. 516.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 6. Miscellaneous Provisions [516.010 - 516.050] ( Article 6 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    The Judicial Council may make rules for practice and procedure in proceedings under this chapter.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 6. Miscellaneous Provisions [516.010 - 516.050] ( Article 6 added by Stats. 1973, Ch. 526. ) ## 516.010. The Judicial Council may provide by rule for the practice and procedure in proceedings under this chapter. (Added by Stats. 1973, Ch. 526.)
  107. 516.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 6. Miscellaneous Provisions [516.010 - 516.050] ( Article 6 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    The Judicial Council must prescribe the forms for applications, notices, orders, and other documents required by this chapter.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 6. Miscellaneous Provisions [516.010 - 516.050] ( Article 6 added by Stats. 1973, Ch. 526. ) ## 516.020. The Judicial Council shall prescribe the form of the applications, notices, orders, and other documents required by this chapter. (Added by Stats. 1973, Ch. 526.)
  108. 516.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 6. Miscellaneous Provisions [516.010 - 516.050] ( Article 6 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    Affidavits filed under this chapter must state the facts with particularity, and the affiant must be able to testify competently to those facts unless the chapter specifically allows information and belief.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 6. Miscellaneous Provisions [516.010 - 516.050] ( Article 6 added by Stats. 1973, Ch. 526. ) ## 516.030. The facts stated in each affidavit filed pursuant to this chapter shall be set forth with particularity. Except where matters are specifically permitted by this chapter 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. 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 ordinary affidavit. (Added by Stats. 1973, Ch. 526.)
  109. 516.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 6. Miscellaneous Provisions [516.010 - 516.050] ( Article 6 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    Judicial duties under this chapter count as subordinate judicial duties, and appointed officers such as court commissioners may perform them.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 6. Miscellaneous Provisions [516.010 - 516.050] ( Article 6 added by Stats. 1973, Ch. 526. ) ## 516.040. The judicial duties to be performed under this chapter 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. (Added by Stats. 1973, Ch. 526.)
  110. 516.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 6. Miscellaneous Provisions [516.010 - 516.050] ( Article 6 added by Stats. 1973, Ch. 526. )

    Verify source ↗

    This section says the chapter does not stop relief from being granted under Chapter 3 starting with Section 525.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 2. Claim and Delivery of Personal Property [511.010 - 516.050] ( Chapter 2 added by Stats. 1973, Ch. 526. ) ## ARTICLE 6. Miscellaneous Provisions [516.010 - 516.050] ( Article 6 added by Stats. 1973, Ch. 526. ) ## 516.050. Nothing in this chapter shall preclude the granting of relief pursuant to Chapter 3 (commencing with Section 525) of this title. (Added by Stats. 1973, Ch. 526.)
  111. 525.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. )

    Verify source ↗

    An injunction is an order or writ requiring a person to stop doing a particular act. The court hearing the case, or a judge of that court, may grant it; if a judge grants it, it can be enforced as a court order.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. ) ## 525. An injunction is a writ or order requiring a person to refrain from a particular act. It may be granted by the court in which the action is brought, or by a judge thereof; and when granted by a judge, it may be enforced as an order of the court. (Amended by Stats. 1907, Ch. 272.)
  112. 526.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. )

    Verify source ↗

    This section says when a court may grant an injunction and lists situations where it cannot be granted.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. ) ## 526. (a) An injunction may be granted in the following cases: (1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually. (2) When it appears by the complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury, to a party to the action. (3) When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the rights of another party to the action respecting the subject of the action, and tending to render the judgment ineffectual. (4) When pecuniary compensation would not afford adequate relief. (5) Where it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief. (6) Where the restraint is necessary to prevent a multiplicity of judicial proceedings. (7) Where the obligation arises from a trust. (b) An injunction cannot be granted in the following cases: (1) To stay a judicial proceeding pending at the commencement of the action in which the injunction is demanded, unless the restraint is necessary to prevent a multiplicity of proceedings. (2) To stay proceedings in a court of the United States. (3) To stay proceedings in another state upon a judgment of a court of that state. (4) To prevent the execution of a public statute by officers of the law for the public benefit. (5) To prevent the breach of a contract the performance of which would not be specifically enforced, other than a contract in writing for the rendition of personal services from one to another where the promised service is of a special, unique, unusual, extraordinary, or intellectual character, which gives it peculiar value, the loss of which cannot be reasonably or adequately compensated in damages in an action at law, and where the compensation for the personal services is as follows: (A) As to contracts entered into on or before December 31, 1993, the minimum compensation provided in the contract for the personal services shall be at the rate of six thousand dollars ($6,000) per annum. (B) As to contracts entered into on or after January 1, 1994, the criteria of clause (i) or (ii), as follows, are satisfied: (i) The compensation is as follows: (I) The minimum compensation provided in the contract shall be at the rate of nine thousand dollars ($9,000) per annum for the first year of the contract, twelve thousand dollars ($12,000) per annum for the second year of the contract, and fifteen thousand dollars ($15,000) per annum for the third to seventh years, inclusive, of the contract. (II) In addition, after the third year of the contract, there shall actually have been paid for the services through and including the contract year during which the injunctive relief is sought, over and above the minimum contractual compensation specified in subclause (I), the amount of fifteen thousand dollars ($15,000) per annum during the fourth and fifth years of the contract, and thirty thousand dollars ($30,000) per annum during the sixth and seventh years of the contract. As a condition to petitioning for an injunction, amounts payable under this clause may be paid at any time prior to seeking injunctive relief. (ii) The aggregate compensation actually received for the services provided under a contract that does not meet the criteria of subparagraph (A), is at least 10 times the applicable aggregate minimum amount specified in subclauses (I) and (II) of clause (i) through and including the contract year during which the injunctive relief is sought. As a condition to petitioning for an injunction, amounts payable under this subparagraph may be paid at any time prior to seeking injunctive relief. (C) Compensation paid in any contract year in excess of the minimums specified in clauses (i) and (ii) of subparagraph (B) shall apply to reduce the compensation otherwise required to be paid under those provisions in any subsequent contract years. However, an injunction may be granted to prevent the breach of a contract entered into between any nonprofit cooperative corporation or association and a member or stockholder thereof, in respect to any provision regarding the sale or delivery to the corporation or association of the products produced or acquired by the member or stockholder. (6) To prevent the exercise of a public or private office, in a lawful manner, by the person in possession. (7) To prevent a legislative act by a municipal corporation. (Amended by Stats. 1993, Ch. 836, Sec. 2. Effective January 1, 1994.)
  113. 526a

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. )

    Verify source ↗

    Certain residents or qualifying taxpayers may bring an action to stop illegal spending, waste, or injury to local agency property, but courts may not issue injunctions stopping the sale or issuance of municipal bonds.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. ) ## 526a. (a) An action to obtain a judgment, restraining and preventing any illegal expenditure of, waste of, or injury to, the estate, funds, or other property of a local agency, may be maintained against any officer thereof, or any agent, or other person, acting in its behalf, either by a resident therein, or by a corporation, who is assessed for and is liable to pay, or, within one year before the commencement of the action, has paid, a tax that funds the defendant local agency, including, but not limited to, the following: (1) An income tax. (2) A sales and use tax or transaction and use tax initially paid by a consumer to a retailer. (3) A property tax, including a property tax paid by a tenant or lessee to a landlord or lessor pursuant to the terms of a written lease. (4) A business license tax. (b) This section does not affect any right of action in favor of a local agency, or any public officer; provided, that no injunction shall be granted restraining the offering for sale, sale, or issuance of any municipal bonds for public improvements or public utilities. (c) An action brought pursuant to this section to enjoin a public improvement project shall take special precedence over all civil matters on the calendar of the court except those matters to which equal precedence on the calendar is granted by law. (d) For purposes of this section, the following definitions apply: (1) “Local agency” means a city, town, county, or city and county, or a district, public authority, or any other political subdivision in the state. (2) “Resident” means a person who lives, works, owns property, or attends school in the jurisdiction of the defendant local agency. (Amended by Stats. 2018, Ch. 319, Sec. 1. (AB 2376) Effective January 1, 2019.)
  114. 526b

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. )

    Verify source ↗

    A person or corporation that sues for an injunction against certain bond or securities actions may have to pay the defendant’s costs, damages, and necessary expenses if the injunction is finally denied and the filer has the required public-utility connection.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. ) ## 526b. Every person or corporation bringing, instigating, exciting or abetting, any suit to obtain an injunction, restraining or enjoining the issuance, sale, offering for sale, or delivery, of bonds, or other securities, or the expenditure of the proceeds of the sale of such bonds or other securities, of any city, city and county, town, county, or other district organized under the laws of this state, or any other political subdivision of this state, proposed to be issued, sold, offered for sale or delivered by such city, city and county, town, county, district or other political subdivision, for the purpose of acquiring, constructing, completing, improving or extending water works, electric works, gas works or other public utility works or property, shall, if the injunction sought is finally denied, and if such person or corporation owns, controls, or is operating or interested in, a public utility business of the same nature as that for which such bonds or other securities are proposed to be issued, sold, offered for sale, or delivered, be liable to the defendant for all costs, damages and necessary expenses resulting to such defendant by reason of the filing of such suit. (Added by Stats. 1921, Ch. 384.)
  115. 527.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. )

    Verify source ↗

    This section sets notice, service, timing, and hearing rules for preliminary injunctions and temporary restraining orders.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. ) ## 527. (a) A preliminary injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor. No preliminary injunction shall be granted without notice to the opposing party. (b) A temporary restraining order or a preliminary injunction, or both, may be granted in a class action, in which one or more of the parties sues or defends for the benefit of numerous parties upon the same grounds as in other actions, whether or not the class has been certified. (c) No temporary restraining order shall be granted without notice to the opposing party, unless both of the following requirements are satisfied: (1) It appears from facts shown by affidavit or by the verified complaint that great or irreparable injury will result to the applicant before the matter can be heard on notice. (2) The applicant or the applicant’s attorney certifies one of the following to the court under oath: (A) That within a reasonable time prior to the application the applicant informed the opposing party or the opposing party’s attorney at what time and where the application would be made. (B) That the applicant in good faith attempted but was unable to inform the opposing party and the opposing party’s attorney, specifying the efforts made to contact them. (C) That for reasons specified the applicant should not be required to so inform the opposing party or the opposing party’s attorney. (d) In case a temporary restraining order is granted without notice in the contingency specified in subdivision (c): (1) The matter shall be made returnable on an order requiring cause to be shown why a preliminary injunction should not be granted, on the earliest day that the business of the court will admit of, but not later than 15 days or, if good cause appears to the court, 22 days from the date the temporary restraining order is issued. (2) The party who obtained the temporary restraining order shall, within five days from the date the temporary restraining order is issued or two days prior to the hearing, whichever is earlier, serve on the opposing party a copy of the complaint if not previously served, the order to show cause stating the date, time, and place of the hearing, any affidavits to be used in the application, and a copy of the points and authorities in support of the application. The court may for good cause, on motion of the applicant or on its own motion, shorten the time required by this paragraph for service on the opposing party. (3) When the matter first comes up for hearing, if the party who obtained the temporary restraining order is not ready to proceed, or if the party has failed to effect service as required by paragraph (2), the court shall dissolve the temporary restraining order. (4) The opposing party is entitled to one continuance for a reasonable period of not less than 15 days or any shorter period requested by the opposing party, to enable the opposing party to meet the application for a preliminary injunction. If the opposing party obtains a continuance under this paragraph, the temporary restraining order shall remain in effect until the date of the continued hearing. (5) Upon the filing of an affidavit by the applicant that the opposing party could not be served within the time required by paragraph (2), the court may reissue any temporary restraining order previously issued. The reissued order shall be made returnable as provided by paragraph (1), with the time for hearing measured from the date of reissuance. No fee shall be charged for reissuing the order. (e) The opposing party may, in response to an order to show cause, present affidavits relating to the granting of the preliminary injunction, and if the affidavits are served on the applicant at least two days prior to the hearing, the applicant shall not be entitled to any continuance on account thereof. On the day the order is made returnable, the hearing shall take precedence over all other matters on the calendar of the day, except older matters of the same character, and matters to which special precedence may be given by law. When the cause is at issue it shall be set for trial at the earliest possible date and shall take precedence over all other cases, except older matters of the same character, and matters to which special precedence may be given by law. (f) Notwithstanding failure to satisfy the time requirements of this section, the court may nonetheless hear the order to show cause why a preliminary injunction should not be granted if the moving and supporting papers are served within the time required by Section 1005 and one of the following conditions is satisfied: (1) The order to show cause is issued without a temporary restraining order. (2) The order to show cause is issued with a temporary restraining order, but is either not set for hearing within the time required by paragraph (1) of subdivision (d), or the party who obtained the temporary restraining order fails to effect service within the time required by paragraph (2) of subdivision (d). (g) This section does not apply to an order issued under the Family Code. (h) As used in this section: (1) “Complaint” means a complaint or a cross-complaint. (2) “Court” means the court in which the action is pending. (Amended by Stats. 2000, Ch. 688, Sec. 4. Effective January 1, 2001.)
  116. 527.10.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. )

    Verify source ↗

    The court must order certain enjoined parties not to try to find a protected person’s address or location, unless there is good cause not to do so. The Judicial Council must develop the forms needed to carry out this section.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. ) ## 527.10. (a) The court shall order that any party enjoined pursuant to Section 527.6, 527.8, or 527.85 be prohibited from taking any action to obtain the address or location of any protected person, unless there is good cause not to make that order. (b) The Judicial Council shall develop forms necessary to effectuate this section. (Amended by Stats. 2010, Ch. 572, Sec. 3. (AB 1596) Effective January 1, 2011. Operative January 1, 2012, by Sec. 28 of Ch. 572.)
  117. 527.11.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. )

    Verify source ↗

    If a restrained person may have a firearm, the court must review the information, can set a review hearing, and must record and share a violation finding; the protected person may have to give notice of the hearing.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. ) ## 527.11. (a) When relevant information is presented to the court at any noticed hearing that a restrained person has a firearm, the court shall consider that information to determine, by a preponderance of the evidence, whether the person subject to an order defined in Section 527.6, 527.8, or 527.85 or Section 15657.03 of the Welfare and Institutions Code, has a firearm in or subject to their immediate possession or control in violation of the order. (b) (1) In making a determination under this section, the court may consider whether the restrained person filed a firearm relinquishment, storage, or sales receipt or if an exemption from the firearm prohibition was granted. (2) The court may make the determination at any noticed hearing where a restraining order is issued, at a subsequent review hearing, or at any subsequent hearing while the order remains in effect. (3) If the court makes a determination that the restrained person has a firearm in violation of the order, the court must make a written record of the determination and provide a copy to any party who is present at the hearing and, upon request, to any party not present at the hearing. (c) (1) When presented with information under subdivision (a), the court may set a review hearing to determine whether a violation of the order has taken place. (2) The review hearing should be held within 10 court days after the noticed hearing at which the information was presented. If the restrained person is not present when the court sets the review hearing, the protected person must provide notice of the review hearing to the restrained person at least two court days before the review hearing, in accordance with Section 414.10, by personal service or by mail to the restrained person’s last known address. (3) The court may for good cause extend the date of the review hearing for a reasonable period or remove it from the calendar. (4) The court shall order the restrained person to appear at the review hearing. (5) The court may conduct the review hearing in the absence of the protected person. (6) This section does not prohibit the court from permitting a party or witness to appear through technology that enables remote appearances, as determined by the court. (d) The determination made pursuant to this section may be considered by the court in issuing an order to show cause for contempt pursuant to paragraph (5) of subdivision (a) of Section 1209 or an order for monetary sanctions pursuant to Section 177.5. (e) This section shall become operative on January 1, 2026. (Added by Stats. 2024, Ch. 544, Sec. 4. (SB 899) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  118. 527.12.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. )

    Verify source ↗

    A peace officer must serve certain restraining or protective orders on request, and the petitioner must give the officer an endorsed copy of the order.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. ) ## 527.12. (a) A peace officer shall, upon the request of a petitioner, serve any temporary restraining order, order after hearing, or protective order issued pursuant to Sections 527.6, 527.8, and 527.85, Section 136.2 of the Penal Code, or Section 15657.03 of the Welfare and Institutions Code, on the respondent, whether or not the respondent has been taken into custody. (b) (1) The petitioner shall provide the peace officer with an endorsed copy of the order and the officer shall complete and transmit the proof of service to the issuing court. It is a rebuttable presumption that the proof of service was signed on the date of service. (2) If the protected person cannot produce an endorsed copy of the order, the peace officer shall immediately verify the existence of the order in the California Restraining and Protective Order System. (3) If the peace officer determines that an order subject to this section has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and advise the respondent to obtain a copy of the full order from the issuing court. Upon notice, the officer shall immediately enforce the order. The officer’s verbal notice of the terms of the order shall constitute service of the order and is sufficient notice for the purposes of this section and for the purposes of Sections 273.6 and 29825 of the Penal Code. (4) If an order served pursuant to this section is subject to the reporting requirements of Section 13730 of the Penal Code, the report shall include the name and assignment of the peace officer who served the order and the case number of the order. If a report is not required, the information specified in this paragraph shall be included in the daily incident log of the officer’s employing law enforcement agency. (c) Notwithstanding any law, a fee shall not be charged to the petitioner for service of an order pursuant to this section. (d) (1) There shall be no civil liability on the part of, and no cause of action for false arrest or false imprisonment against, a peace officer who makes an arrest pursuant to a protective or restraining order that is regular upon its face, if the peace officer, in making the arrest, acts in good faith and has reasonable cause to believe that the person against whom the order is issued has notice of the order and has committed an act in violation of the order. (2) If there is more than one order issued and one of the orders is an emergency protective order that has precedence in enforcement pursuant to paragraph (1) of subdivision (c) of Section 136.2 of the Penal Code, the peace officer shall enforce the emergency protective order. If there is more than one order issued, none of the orders issued is an emergency protective order that has precedence in enforcement, and one of the orders issued is a no-contact order, the peace officer shall enforce the no-contact order. If there is more than one civil order regarding the same parties and neither an emergency protective order that has precedence in enforcement nor a no-contact order has been issued, the peace officer shall enforce the order that was issued last. If there are both civil and criminal orders regarding the same parties and neither an emergency protective order that has precedence in enforcement nor a no-contact order has been issued, the peace officer shall enforce the criminal order issued last, subject to the provisions of subdivisions (h) and (i) of Section 136.2 of the Penal Code. This section does not exonerate a peace officer from liability for the unreasonable use of force in the enforcement of the order. The immunities afforded by this section shall not affect the availability of any other immunity that may apply, including, but not limited to, Sections 820.2 and 820.4 of the Government Code. (e) For purposes of this section, “peace officer” has the same meaning as that term is defined in Section 830 of the Penal Code. (f) This section shall become operative on January 1, 2026. (Added by Stats. 2024, Ch. 544, Sec. 5. (SB 899) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  119. 527.3.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. )

    Verify source ↗

    Courts may not issue injunctions in labor-dispute cases that block the listed peaceful labor activities, and the section defines “labor dispute” and related terms.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. ) ## 527.3. (a) In order to promote the rights of workers to engage in concerted activities for the purpose of collective bargaining, picketing or other mutual aid or protection, and to prevent the evils which frequently occur when courts interfere with the normal processes of dispute resolution between employers and recognized employee organizations, the equity jurisdiction of the courts in cases involving or growing out of a labor dispute shall be no broader than as set forth in subdivision (b) of this section, and the provisions of subdivision (b) of this section shall be strictly construed in accordance with existing law governing labor disputes with the purpose of avoiding any unnecessary judicial interference in labor disputes. (b) The acts enumerated in this subdivision, whether performed singly or in concert, shall be legal, and no court nor any judge nor judges thereof, shall have jurisdiction to issue any restraining order or preliminary or permanent injunction which, in specific or general terms, prohibits any person or persons, whether singly or in concert, from doing any of the following: (1) Giving publicity to, and obtaining or communicating information regarding the existence of, or the facts involved in, any labor dispute, whether by advertising, speaking, patrolling any public street or any place where any person or persons may lawfully be, or by any other method not involving fraud, violence or breach of the peace. (2) Peaceful picketing or patrolling involving any labor dispute, whether engaged in singly or in numbers. (3) Assembling peaceably to do any of the acts specified in paragraphs (1) and (2) or to promote lawful interests. (4) Except as provided in subparagraph (iv), for purposes of this section, “labor dispute” is defined as follows: (i) A case shall be held to involve or to grow out of a labor dispute when the case involves persons who are engaged in the same industry, trade, craft, or occupation; or have direct or indirect interests therein; or who are employees of the same employer; or who are members of the same or an affiliated organization of employers or employees; whether such dispute is (a) between one or more employers or associations of employers and one or more employees or associations of employees; (b) between one or more employers or associations of employers and one or more employers or associations of employers; or (c) between one or more employees or associations of employees and one or more employees or associations of employees; or when the case involves any conflicting or competing interests in a “labor dispute” of “persons participating or interested” therein (as defined in subparagraph (ii)). (ii) A person or association shall be held to be a person participating or interested in a labor dispute if relief is sought against him or it, and if he or it is engaged in the same industry, trade, craft, or occupation in which such dispute occurs, or has a direct or indirect interest therein, or is a member, officer, or agent of any association composed in whole or in part of employers or employees engaged in such industry, trade, craft, or occupation. (iii) The term “labor dispute” includes any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment regardless of whether or not the disputants stand in the proximate relation of employer and employee. (iv) The term “labor dispute” does not include a jurisdictional strike as defined in Section 1118 of the Labor Code. (c) Nothing contained in this section shall be construed to alter or supersede the provisions of Chapter 1 of the 1975–76 Third Extraordinary Session, and to the extent of any conflict between the provisions of this act and that chapter, the provisions of the latter shall prevail. (d) Nothing contained in this section shall be construed to alter the legal rights of public employees or their employers, nor shall this section alter the rights of parties to collective-bargaining agreements under the provisions of Section 1126 of the Labor Code. (e) It is not the intent of this section to permit conduct that is unlawful including breach of the peace, disorderly conduct, the unlawful blocking of access or egress to premises where a labor dispute exists, or other similar unlawful activity. (Added by Stats. 1975, Ch. 1156.)
  120. 527.6.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. )

    Verify source ↗

    This section lets a person who suffered harassment ask for a temporary restraining order and an order after hearing, and sets procedures for service, hearings, durations, fees, confidentiality, and firearm restrictions.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. ) ## 527.6. (a) (1) A person who has suffered harassment as defined in subdivision (b) may seek a temporary restraining order and an order after hearing prohibiting harassment as provided in this section. (2) An individual need not be a resident of the state to file a petition for an order under this section. A petition for an order as specified in paragraph (1) may be filed in any superior court in this state, consistent with Section 410.10 of the Code of Civil Procedure, which may include, but is not limited to: (A) The county in which the petitioner resides or is temporarily located. (B) The county in which the defendant resides. (C) The county in which the offense occurred. (D) Any other court that may have jurisdiction over the parties or the subject matter of the case. (3) A minor, under 12 years of age, accompanied by a duly appointed and acting guardian ad litem, shall be permitted to appear in court without counsel for the limited purpose of requesting or opposing a request for a temporary restraining order or order after hearing, or both, under this section as provided in Section 374. (b) For purposes of this section, the following terms have the following meanings: (1) “Course of conduct” is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an individual, making harassing telephone calls to an individual, or sending harassing correspondence to an individual by any means, including, but not limited to, the use of public or private mails, interoffice mail, facsimile, or email. Constitutionally protected activity is not included within the meaning of “course of conduct.” (2) “Credible threat of violence” is a knowing and willful statement or course of conduct that would place a reasonable person in fear for the person’s safety or the safety of the person’s immediate family, and that serves no legitimate purpose. (3) “Harassment” is unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner. (4) “Petitioner” means the person to be protected by the temporary restraining order and order after hearing and, if the court grants the petition, the protected person. (5) “Respondent” means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person. (6) “Temporary restraining order” and “order after hearing” mean orders that include any of the following restraining orders, whether issued ex parte or after notice and hearing: (A) An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls, as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the petitioner. On a showing of good cause, in an order issued pursuant to this subparagraph in connection with an animal owned, possessed, leased, kept, or held by the petitioner, or residing in the residence or household of the petitioner, the court may do either or both of the following: (i) Grant the petitioner exclusive care, possession, or control of the animal. (ii) Order the respondent to stay away from the animal and refrain from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal. (B) An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A). (7) “Unlawful violence” is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but does not include lawful acts of self-defense or defense of others. (c) In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members. (d) Upon filing a petition for orders under this section, the petitioner may obtain a temporary restraining order in accordance with Section 527, except to the extent this section provides an inconsistent rule. The temporary restraining order may include any of the restraining orders described in paragraph (6) of subdivision (b). A temporary restraining order may be issued with or without notice, based on a declaration that, to the satisfaction of the court, shows reasonable proof of harassment of the petitioner by the respondent, and that great or irreparable harm would result to the petitioner. (e) A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court. If the petition is filed too late in the day to permit effective review, the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court. (f) A temporary restraining order issued under this section shall remain in effect, at the court’s discretion, for a period not to exceed 21 days, or, if the court extends the time for hearing under subdivision (g), not to exceed 25 days, unless otherwise modified or terminated by the court. (g) Within 21 days, or, if good cause appears to the court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If a request for a temporary order is not made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed. (h) The respondent may file a response that explains, excuses, justifies, or denies the alleged harassment, or may file a cross-petition under this section. (i) (1) At the hearing, the judge shall receive any testimony that is relevant, and may make an independent inquiry. If the judge finds by clear and convincing evidence that unlawful harassment exists, an order shall issue prohibiting the harassment. (2) Commencing January 1, 2027, a party or witness may appear remotely at the hearing on a petition for an order under this section. The superior court of each county shall not charge a fee for a party to appear remotely at the hearing and shall develop local rules and instructions for remote appearances permitted under this paragraph, which shall be posted on its internet website. (j) (1) In the discretion of the court, an order issued after notice and hearing under this section may have a duration of no more than five years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The order may be renewed, upon the request of a party, for a duration of no more than five additional years, without a showing of any further harassment since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. A request for renewal may be brought any time within the three months before the order expires. (2) The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance. (3) If an action is filed for the purpose of terminating or modifying a protective order before the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified before the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive the protected party’s right to notice if the protected party is physically present in court and does not challenge the sufficiency of the notice. (k) This section does not preclude either party from representation by private counsel or from appearing on the party’s own behalf. (l) In a proceeding under this section, if there are allegations of unlawful violence or credible threats of violence, a support person may accompany a party in court and, if the party is not represented by an attorney, may sit with the party at the table that is generally reserved for the party and the party’s attorney. The support person is present to provide moral and emotional support for a person who alleges they are a victim of violence. The support person is not present as a legal adviser and may not provide legal advice. The support person may assist the person who alleges they are a victim of violence in feeling more confident that they will not be injured or threatened by the other party during the proceedings if the person who alleges the person is a victim of violence and the other party are required to be present in close proximity. This subdivision does not preclude the court from exercising its discretion to remove the support person from the courtroom if the court believes the support person is prompting, swaying, or influencing the party assisted by the support person. (m) (1) Except as provided in paragraph (2), upon the filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent. (2) If the court determines at the hearing that, after a diligent effort, the petitioner has been unable to accomplish personal service, and that there is reason to believe that the respondent is evading service or cannot be located, then the court may specify another method of service that is reasonably calculated to give actual notice to the respondent and may prescribe the manner in which proof of service shall be made. (n) A notice of hearing under this section shall notify the respondent that if the respondent does not attend the hearing, the court may make orders against the respondent that could last up to five years. (o) The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition. (p) (1) Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing, or orally at the hearing. The court may also grant a continuance on its own motion. (2) If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order. (q) (1) If a respondent named in a restraining order issued after a hearing has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, additional proof of service is not required for enforcement of the order. (2) If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the respondent does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, the restraining order or protective order issued at the hearing may be served on the respondent by first-class mail sent to the respondent at the most current address for the respondent available to the court. (3) The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form: “If you have been personally served with this temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this temporary restraining order except for the expiration date is issued at the hearing, a copy of the restraining order will be served on you by mail at the following address: ____. If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.” (4) If information about a minor has been made confidential pursuant to subdivision (v), the notice shall identify the information, specifically, that has been made confidential and shall include a statement that disclosure or misuse of that information is punishable as a contempt of court. (r) (1) Information on a temporary restraining order or order after hearing relating to civil harassment issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3). (2) The court shall order the petitioner or the attorney for the petitioner to deliver a copy of an order issued under this section, or reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to a law enforcement agency having jurisdiction over the residence of the petitioner and to any additional law enforcement agencies within the court’s discretion as are requested by the petitioner. (3) Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods: (A) Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS). (B) With the approval of the Department of Justice, entering the order or proof of service into CLETS directly. (4) Each appropriate law enforcement agency shall make available information as to the existence and current status of orders issued under this section to law enforcement officers responding to the scene of reported harassment. (5) An order issued under this section shall, on request of the petitioner, be served on the respondent, whether or not the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported harassment involving the parties to the proceeding. The petitioner shall provide the officer with an endorsed copy of the order and a proof of service that the officer shall complete and send to the issuing court. (6) Upon receiving information at the scene of an incident of harassment that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the protected person cannot produce a certified copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order. (7) If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and shall at that time also enforce the order. Verbal notice of the terms of the order shall constitute service of the order and is sufficient notice for purposes of this section and for purposes of Section 29825 of the Penal Code. Verbal notice shall include the information required pursuant to paragraph (4) of subdivision (q). (s) The prevailing party in an action brought pursuant to this section may be awarded court costs and attorney’s fees, if any. (t) Willful disobedience of a temporary restraining order or order after hearing granted pursuant to this section is punishable pursuant to Section 273.6 of the Penal Code. (u) (1) A person subject to a protective order issued pursuant to this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect. (2) The court shall order a person subject to a protective order issued pursuant to this section to relinquish any firearms the person owns or possesses pursuant to Section 527.9. (3) A person who owns, possesses, purchases, or receives, or attempts to purchase or receive, a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code. (v) (1) A minor or the minor’s legal guardian may petition the court to have information regarding the minor that was obtained in connection with a request for a protective order pursuant to this section, including, but not limited to, the minor’s name, address, and the circumstances surrounding the request for a protective order with respect to that minor, be kept confidential. (2) The court may order the information specified in paragraph (1) be kept confidential if the court expressly finds all of the following: (A) The minor’s right to privacy overcomes the right of public access to the information. (B) There is a substantial probability that the minor’s interest will be prejudiced if the information is not kept confidential. (C) The order to keep the information confidential is narrowly tailored. (D) No less restrictive means exist to protect the minor’s privacy. (3) (A) If the request is granted, except as provided in paragraph (4), information regarding the minor shall be maintained in a confidential case file and shall not become part of the public file in the proceeding or any other civil proceeding involving the parties. Except as provided in subparagraph (B), if the court determines that disclosure of confidential information has been made without a court order, the court may impose a sanction of up to one thousand dollars ($1,000). A minor who has alleged harassment, as defined in subdivision (b), shall not be sanctioned for disclosure of the confidential information. If the court imposes a sanction, the court shall first determine whether the person has or is reasonably likely to have the ability to pay. (B) Confidential information may be disclosed without a court order only in the following circumstances: (i) By the minor’s legal guardian who petitioned to keep the information confidential pursuant to this subdivision or the protected party in an order pursuant to this division, provided that the disclosure is necessary to prevent harassment or is in the minor’s best interest. A legal guardian or a protected party who makes a disclosure under this clause is subject to the sanction in subparagraph (A) only if the disclosure was malicious. (ii) By a person to whom confidential information is disclosed, provided that the disclosure is necessary to prevent harassment or is in the best interest of the minor, no more information than necessary is disclosed, and a delay would be caused by first obtaining a court order to authorize the disclosure of the information. A person who makes a disclosure pursuant to this clause is subject to the sanction in subparagraph (A) if the person discloses the information in a manner that recklessly or maliciously disregards these requirements. (4) (A) Confidential information shall be made available to both of the following: (i) Law enforcement pursuant to subdivision (r), to the extent necessary and only for the purpose of enforcing the order. (ii) The respondent to allow the respondent to comply with the order for confidentiality and to allow the respondent to comply with and respond to the protective order. A notice shall be provided to the respondent that identifies the specific information that has been made confidential and shall include a statement that disclosure is punishable by a monetary fine. (B) At any time, the court on its own may authorize a disclosure of any portion of the confidential information to certain individuals or entities as necessary to prevent harassment, as defined under subdivision (b), including implementation of the protective order, or if it is in the best interest of the minor. (C) The court may authorize a disclosure of any portion of the confidential information to any person that files a petition if necessary to prevent harassment, as defined under subdivision (b), or if it is in the best interest of the minor. The party who petitioned the court to keep the information confidential pursuant to this subdivision shall be served personally or by first-class mail with a copy of the petition and afforded an opportunity to object to the disclosure. (w) This section does not apply to any action or proceeding covered by Title 1.6C (commencing with Section 1788) of Part 4 of Division 3 of the Civil Code or by Division 10 (commencing with Section 6200) of the Family Code. This section does not preclude a petitioner from using other existing civil remedies. (x) (1) The Judicial Council shall develop forms, instructions, and rules relating to matters governed by this section. The petition and response forms shall be simple and concise, and their use by parties in actions brought pursuant to this section is mandatory. (2) A temporary restraining order or order after hearing relating to civil harassment issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable. (y) (1) (A) Commencing January 1, 2027, a court that receives petitions for protective orders under this section shall permit those petitions and any filings related to those petitions to be submitted electronically. The court shall, based on the time of the receipt, act on those filings consistent with subdivision (e). (B) The request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, shall be provided to a petitioner who filed the petition electronically, unless the petitioner notes, at the time of electronic filing, that these documents will be picked up from the court. (2) (A) There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against the petitioner, stalked the petitioner, or acted or spoken in any other manner that has placed the petitioner in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking, future violence, or threats of violence, in an action brought pursuant to this section. (B) A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts. (C) A fee shall not be paid for filing a response to a petition alleging these acts. (z) (1) Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall not be a fee for the service of process by a sheriff or marshal of a protective or restraining order to be issued, if either of the following conditions apply: (A) The protective or restraining order issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code. (B) The protective or restraining order issued pursuant to this section is based upon unlawful violence or a credible threat of violence. (2) The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision. (Amended by Stats. 2025, Ch. 267, Sec. 1. (AB 561) Effective January 1, 2026.)
  121. 527.7.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. )

    Verify source ↗
    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. ) ## 527.7. (a) It shall be unlawful for any group, association, organization, society, or other assemblage of two or more persons to meet and to advocate, and to take substantial action in furtherance of, the commission of an unlawful act of violence or force directed to and likely to produce the imminent and unlawful infliction of serious bodily injury or death of another person within this state. (b) Whenever it reasonably appears that any group, association, society, or other assemblage of two or more persons has met and taken substantial action in furtherance of the commission of an act of violence made unlawful by subdivision (a) and will engage in those acts in the future, any aggrieved individual may bring a civil action in the superior court to enjoin the advocacy of the commission of any act of violence made unlawful by subdivision (a) at any future meeting or meetings. Upon a proper showing by clear and convincing evidence, a permanent or preliminary injunction, restraining order, or writ of mandate shall be granted. (c) Whenever it appears that an action brought under this section was groundless and brought in bad faith for the purpose of harassment, the trial court or any appellate court may award to the defendant attorney’s fees and court costs incurred for the purpose of defending the action. (Added by Stats. 1982, Ch. 1624, Sec. 1.)
  122. 527.8.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. )

    Verify source ↗

    An employer or collective bargaining representative may seek a temporary restraining order and later hearing order for workplace harassment or violence, but the employee must first be given a chance to decline being named.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. ) ## 527.8. (a) Any employer or collective bargaining representative of an employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. For purposes of this section only, a person may bring a petition for a temporary restraining order and an order after hearing on behalf of an employee as their collective bargaining representative only if the person serves as a collective bargaining representative for that employee in employment or labor matters at the employee’s workplace. (b) For purposes of this section: (1) “Course of conduct” is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email. (2) “Credible threat of violence” is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose. (3) “Employer” and “employee” mean persons defined in Section 350 of the Labor Code. “Employer” also includes a federal agency, the state, a state agency, a city, county, or district, a joint powers authority, or a public transit operator, whether operated directly by a public entity or through a contract or subcontract, and a private, public, or quasi-public corporation, or any public agency thereof or therein. “Employee” also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, “employee” also includes a volunteer or independent contractor who performs services for the employer at the employer’s worksite. The changes made to this paragraph during the 2025–26 Regular Session are declaratory of existing law. (4) “Harassment” is a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress. (5) “Petitioner” means the employer or collective bargaining representative that petitions under subdivision (a) for a temporary restraining order and order after hearing. (6) “Respondent” means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person. (7) “Temporary restraining order” and “order after hearing” mean orders that include any of the following restraining orders, whether issued ex parte or after notice and hearing: (A) An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the employee. (B) An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A). (8) “Unlawful violence” is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, or any violation of Section 243.3 of the Penal Code, but shall not include lawful acts of self-defense or defense of others. The changes made to this paragraph during the 2025–26 Regular Session are declaratory of existing law. (c) This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, protected by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), protected by Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code, or otherwise protected by Section 527.3 or any other provision of law. (d) In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members, or other persons employed at the employee’s workplace or workplaces. (e) Before filing a petition under this section, an employer or collective bargaining representative of an employee shall provide the employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, an opportunity to decline to be named in the temporary restraining order. An employee’s request to not be named in the temporary restraining order shall not prohibit an employer or collective bargaining representative from seeking a temporary restraining order on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. (f) (1) Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows one of the following: (A) Reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee. (B) Clear and convincing evidence of all of the following: (i) That an employee has suffered harassment by the respondent. (ii) That great or irreparable harm would result to an employee. (iii) That the course of conduct at issue served no legitimate purpose. (iv) That the issuance of the order is not prohibited by subdivision (c). (2) The temporary restraining order may include any of the protective orders described in paragraph (7) of subdivision (b). (g) A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court. (h) A temporary restraining order granted under this section shall remain in effect, at the court’s discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (i), not to exceed 25 days, unless otherwise modified or terminated by the court. (i) Within 21 days, or if good cause appears to the court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed. (j) The respondent may file a response that explains, excuses, justifies, or denies the alleged harassment, unlawful violence, or credible threats of violence. (k) At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is currently employed by the employer of the employee, as described in subdivision (a), the judge shall receive evidence concerning the employer’s decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in harassment, engaged in unlawful violence, or made a credible threat of violence, an order shall issue prohibiting further harassment, unlawful violence, or threats of violence. (l) (1) In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further harassment, unlawful violence, or credible threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order. (2) The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance. (3) If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice. (m) This section does not preclude any party from representation by private counsel or from appearing on the party’s own behalf. (n) Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent. (o) A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years. (p) The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition. (q) (1) Any party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion. (2) If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order. (r) (1) If a respondent, named in a restraining order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order. (2) If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the person does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person available to the court. (3) The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form: “If you have been personally served with this temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address: ____. If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.” (s) (1) Information on a temporary restraining order or order after hearing relating to workplace violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3). (2) The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to each law enforcement agency having jurisdiction over the residence of the petitioner and to any additional law enforcement agencies within the court’s discretion as are requested by the petitioner. (3) Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods: (A) Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS). (B) With the approval of the Department of Justice, entering the order or proof of service into CLETS directly. (4) Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported harassment, unlawful violence, or a credible threat of violence. (5) At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported harassment, unlawful violence, or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court. (6) Upon receiving information at the scene of an incident of harassment, unlawful violence, or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order. (7) If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondent’s address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officer’s verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondent’s mailing address provided to the law enforcement officer within one business day of the reported incident of harassment, unlawful violence, or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer. (t) (1) A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect. (2) The court shall order a person subject to a protective order issued under this section to relinquish any firearms they own or possess pursuant to Section 527.9. (3) Every person who owns, possesses, purchases or receives, or attempts to purchase or receive a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code. (u) Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code. (v) This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons. (w) (1) The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory. (2) A temporary restraining order or order after hearing relating to harassment, unlawful violence, or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable. (x) There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee employed or represented by the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section. A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts. A fee shall not be paid for filing a response to a petition alleging these acts. (y) (1) Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies: (A) The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code. (B) The temporary restraining order or order after hearing issued pursuant to this section is based on unlawful violence or a credible threat of violence. (2) The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision. (z) This section shall become operative on January 1, 2025. (Amended by Stats. 2025, Ch. 147, Sec. 1. (AB 394) Effective January 1, 2026.)
  123. 527.85.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. )

    Verify source ↗

    This section lets certain school officials ask the court for a restraining order to protect a student who has suffered unlawful violence or a credible threat of violence, and it restricts firearms possession by people subject to such orders.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. ) ## 527.85. (a) A chief administrative officer of a postsecondary educational institution, or an officer or employee designated by the chief administrative officer to maintain order on the school campus or facility, a student of which has suffered unlawful violence or a credible threat of violence may, with the written consent of the student, seek a temporary restraining order and an order after hearing on behalf of the student and, at the discretion of the court, any number of other students at the campus or facility who are similarly situated. (b) For purposes of this section, the following definitions apply: (1) “Chief administrative officer” means the principal, president, or highest ranking official of the postsecondary educational institution. (2) “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including any of the following: (A) Following or stalking a student to or from school. (B) Entering the school campus or facility. (C) Following a student during school hours. (D) Making telephone calls to a student. (E) Sending correspondence to a student by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email. (3) “Credible threat of violence” means a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose. (4) “Petitioner” means the chief administrative officer, or their designee, who petitions under subdivision (a) for a temporary restraining order and order after hearing. (5) “Postsecondary educational institution” means an institution of vocational, professional, or postsecondary education. (6) “Respondent” means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person. (7) “Student” means an adult currently enrolled in or applying for admission to a postsecondary educational institution. (8) “Temporary restraining order” and “order after hearing” mean orders that include any of the following restraining orders, whether issued ex parte, or after notice and hearing: (A) An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the student. (B) An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A). (9) “Unlawful violence” means any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others. (c) This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, or otherwise protected by Section 527.3 or any other law. (d) In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members of the student, or other students at the campus or facility. (e) Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that a student has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to the student. The temporary restraining order may include any of the protective orders described in paragraph (8) of subdivision (b). (f) A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court. (g) A temporary restraining order granted under this section shall remain in effect, at the court’s discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), not to exceed 25 days, unless otherwise modified or terminated by the court. (h) Within 21 days, or if good cause appears to the court, within 25 days, from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or if good cause appears to the court, 25 days, from the date the petition is filed. (i) The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or credible threats of violence. (j) At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is a current student of the entity requesting the order, the judge shall receive evidence concerning the decision of the postsecondary educational institution decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an order shall be issued prohibiting further unlawful violence or threats of violence. (k) (1) In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order. (2) The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance. (3) If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice. (l) This section does not preclude either party from representation by private counsel or from appearing on their own behalf. (m) Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent. (n) A notice of hearing under this section shall notify the respondent that if the respondent does not attend the hearing, the court may make orders against the respondent that could last up to three years. (o) The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition. (p) (1) Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion. (2) If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order. (q) (1) If a respondent, named in an order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order. (2) If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the respondent does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the respondent by first-class mail sent to that person at the most current address for the respondent available to the court. (3) The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form: “If you have been personally served with a temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this temporary restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address:____. If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.” (r) (1) Information on a temporary restraining order or order after hearing issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3). (2) The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, or termination of the order, and any proof of service, was made, to each law enforcement agency having jurisdiction over the residence of the petition and to any additional law enforcement agencies within the court’s discretion as are requested by the petitioner. (3) Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods: (A) Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS). (B) With the approval of the Department of Justice, entering the order of proof of service into CLETS directly. (4) Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence. (5) At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court. (6) Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order. (7) If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondent’s address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officer’s verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section, and Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondent’s mailing address provided to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer. (s) (1) A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect. (2) The court shall order a person subject to a protective order issued under this section to relinquish any firearms the person owns or possesses pursuant to Section 527.9. (3) Every person who owns, possesses, purchases, or receives, or attempts to purchase or receive, a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code. (t) Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code. (u) This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of a postsecondary educational institution to provide a safe environment for students and other persons. (v) (1) The Judicial Council shall develop forms, instructions, and rules relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory. (2) A temporary restraining order or order after hearing relating to unlawful violence or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable. (w) There is no filing fee for a petition that alleges that a person has inflicted unlawful violence, including stalking, or made a credible threat against a student of the petitioner, and that seeks a protective or restraining order restraining stalking or other future unlawful violence or threats of violence, in any action brought pursuant to this section. No fee shall be paid for a subpoena filed in connection with a petition alleging these acts. No fee shall be paid for filing a response to a petition alleging these acts. (x) (1) Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies: (A) The temporary restraining order or order after hearing issued pursuant to this section is based upon unlawful violence, including stalking, as prohibited by Section 646.9 of the Penal Code. (B) The temporary restraining order or order after hearing issued pursuant to this section is based upon a credible threat of violence. (2) The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision. (y) This section shall become operative on January 1, 2026. (Repealed (in Sec. 1) and added by Stats. 2024, Ch. 947, Sec. 2. (AB 2096) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  124. 527.9.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. )

    Verify source ↗

    People subject to certain restraining orders must relinquish firearms and ammunition, and the court must set and enforce the surrender process.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. ) ## 527.9. (a) A person subject to a temporary restraining order or injunction issued pursuant to Section 527.6, 527.8, or 527.85 or subject to a restraining order issued pursuant to Section 136.2 of the Penal Code, or Section 15657.03 of the Welfare and Institutions Code, shall relinquish the firearm and ammunition pursuant to this section. (b) Upon the issuance of a protective order against a person pursuant to subdivision (a), the court shall order that person to relinquish any firearm and ammunition in that person’s immediate possession or control, or subject to that person’s immediate possession or control, within 24 hours of being served with the order, either by surrendering the firearm and ammunition to the control of local law enforcement officials, or by selling the firearm to a licensed gun dealer, as specified in Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6 of the Penal Code. The court shall provide the person with information on how any firearms or ammunition still in the restrained party’s possession are to be relinquished, according to local procedures, and the process for submitting a receipt to the court showing proof of relinquishment. A person ordered to relinquish any firearm and ammunition pursuant to this subdivision shall file with the court a receipt showing the firearm and ammunition were surrendered to the local law enforcement agency or sold to a licensed gun dealer within 48 hours after receiving the order. A court holding a hearing on this matter shall review the file to determine whether the receipt has been filed and inquire of the respondent whether they have complied with the requirement. Violations of the firearms prohibition of any restraining order under this section shall be reported to the prosecuting attorney in the jurisdiction where the order has been issued within two business days of the court hearing unless the restrained party provides a receipt showing compliance at a subsequent hearing or by direct filing with the clerk of the court. If the person does not file a receipt with the court within 48 hours after receiving the order for a firearm in their possession, the court shall order the clerk of the court to immediately notify, by the most effective means available, appropriate law enforcement officials of the issuance and contents of a protective order, information about the firearm or ammunition, and of any other information the court deems appropriate. In the event that it is necessary to continue the date of any hearing due to a request for a relinquishment order pursuant to this section, the court shall ensure that all applicable protective orders described in Section 6218 of the Family Code remain in effect or bifurcate the issues and grant the permanent restraining order pending the date of the hearing. (c) A local law enforcement agency may charge the person subject to the order or injunction a fee for the storage of any firearm or ammunition relinquished pursuant to this section. The fee shall not exceed the actual cost incurred by the local law enforcement agency for the storage of the firearm or ammunition. For purposes of this subdivision, “actual cost” means expenses directly related to taking possession of a firearm and ammunition, storing the firearm and ammunition, and surrendering possession of the firearm and ammunition to a licensed dealer as defined in Section 26700 of the Penal Code or to the person relinquishing the firearm. (d) The restraining order requiring a person to relinquish a firearm and ammunition pursuant to subdivision (b) shall state on its face that the respondent is prohibited from owning, possessing, purchasing, or receiving a firearm or ammunition while the protective order is in effect and that the firearm shall be relinquished to the local law enforcement agency for that jurisdiction or sold to a licensed gun dealer, and that proof of surrender or sale shall be filed with the court within a specified period of receipt of the order. The order shall also state on its face the expiration date for relinquishment. Nothing in this section shall limit a respondent’s right under existing law to petition the court at a later date for modification of the order. (e) The restraining order requiring a person to relinquish a firearm or ammunition pursuant to subdivision (b) shall prohibit the person from possessing or controlling any firearm for the duration of the order. At the expiration of the order, the local law enforcement agency shall return possession of any surrendered firearm and ammunition to the respondent, within five days after the expiration of the relinquishment order, unless the local law enforcement agency determines that (1) the firearm has been stolen, (2) the respondent is prohibited from possessing a firearm because the respondent is in any prohibited class for the possession of firearms, as defined in Chapter 2 (commencing with Section 29800) and Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of the Penal Code and Sections 8100 and 8103 of the Welfare and Institutions Code, or (3) another successive restraining order is issued against the respondent under this section. If the local law enforcement agency determines that the respondent is the legal owner of any firearm or ammunition deposited with the local law enforcement agency and is prohibited from possessing any firearm, the respondent shall be entitled to sell or transfer the firearm or ammunition to a licensed dealer as defined in Section 26700 of the Penal Code. If the firearm has been stolen, the firearm shall be restored to the lawful owner upon their identification of the firearm and proof of ownership. (f) The court may, as part of the relinquishment order, grant an exemption from the relinquishment requirements of this section for a particular firearm or ammunition if the respondent is not otherwise prohibited from owning, possessing, controlling, or purchasing a firearm and ammunition under state or federal law and one of the following applies: (1) (A) The respondent is currently employed as a sworn peace officer who is required, as a condition of continued employment, to carry a firearm, ammunition, or firearm and ammunition and the current employer is unable to reassign the peace officer to another position where use of a specified firearm or ammunition is unnecessary. In such a case, a court may allow the peace officer to continue to carry a specified firearm, ammunition, or firearm and ammunition, either on duty or off duty, if the court finds by a preponderance of the evidence, in writing or on the record, both of the following: (i) The peace officer’s personal safety depends on the ability to carry that specific firearm, ammunition, or firearm and ammunition outside of scheduled work hours. (ii) The peace officer does not pose an additional threat of harm to a protected party or the public by having access to that specific firearm, ammunition, or firearm and ammunition, including whether the peace officer might use the firearm for a purpose other than as permitted under this paragraph. (B) Prior to making the finding in subparagraph (A), the court shall require a mandatory psychological evaluation of the peace officer by a licensed mental health professional with domestic violence expertise. The court shall consider the results of an evaluation and may require the peace officer to enter into counseling or another remedial treatment program to deal with a propensity for domestic violence. (2) (A) The respondent is not a peace officer but is required to carry a specific firearm, ammunition, or firearm and ammunition during scheduled work hours as a condition of continued employment, and the current employer is unable to reassign the respondent to another position where the firearm, ammunition, or firearm and ammunition is unnecessary. In this case, a court may grant an exemption to allow the respondent to possess a specific firearm, ammunition, or firearm and ammunition only during scheduled work hours if the court finds by a preponderance of the evidence, in writing or on the record, that the respondent does not pose an additional threat of harm to a protected party or the public by having access to the specific firearm, ammunition, or firearm and ammunition only during scheduled work hours, including whether the respondent might utilize the firearm, ammunition, or firearm and ammunition for a purpose other than as permitted under this paragraph. (B) To assist the court in making the determination pursuant to subparagraph (A), the court may order a psychological evaluation of the respondent by a licensed mental health professional with domestic violence expertise. (C) If the court grants an exemption pursuant to this paragraph, the order shall provide that the specific firearm, ammunition, or firearm and ammunition shall be in the physical possession of the respondent only during scheduled work hours and that the exemption does not authorize the respondent to possess any other firearm or ammunition, or to possess the specific firearm, ammunition, or firearm and ammunition outside of scheduled work hours. (g) (1) If an exemption is granted pursuant to subdivision (f) during the pendency of a temporary restraining order and the court subsequently issues a restraining order after hearing on the same application, the court shall review and make a finding, in writing or on the record, as to whether the exemption remains appropriate, based upon the criteria set forth in paragraph (1) or (2) of subdivision (f), as applicable, in light of the issuance of the order after hearing. This review and finding shall occur at the time the restraining order after hearing is issued. (2) If an exemption is granted and the court subsequently renews the restraining order pursuant to Section 6345 of the Family Code at the request of a party, the court shall review and make a finding, in writing or on the record, as to whether the exemption remains appropriate, based upon the criteria set forth in paragraph (1) or (2) of subdivision (f), as applicable, in light of the renewal. This finding shall be made at the time the restraining order after hearing is renewed. (3) The court may terminate or modify an exemption granted pursuant to this subdivision at any time if the respondent demonstrates a need to modify the specific firearm, ammunition, or firearm and ammunition authorized by the court pursuant to subdivision (f), if the respondent no longer meets the requirements in this section, or if the respondent otherwise violates the restraining order. (h) During the period of the relinquishment order, a respondent is entitled to make one sale of all firearms that are in the possession of a local law enforcement agency pursuant to this section. A licensed gun dealer, who presents a local law enforcement agency with a bill of sale indicating that all firearms owned by the respondent that are in the possession of the local law enforcement agency have been sold by the respondent to the licensed gun dealer, shall be given possession of those firearms, at the location where a respondent’s firearms are stored, within five days of presenting the local law enforcement agency with a bill of sale. (i) If the respondent declines to relinquish possession of a firearm or ammunition based on the assertion of the right against self-incrimination, as provided by the Fifth Amendment to the United States Constitution and Section 15 of Article I of the California Constitution, the court may grant use immunity for the act of relinquishing the firearm or ammunition required under this section. (j) (1) The relinquishment or surrender of a firearm to a law enforcement agency pursuant to this section or the return of a firearm to a person pursuant to this section shall not be subject to the requirements of Section 27545 of the Penal Code. (2) Returns of firearms or ammunition pursuant to this section shall be governed by the applicable provisions of Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code. (k) This section shall become operative on January 1, 2026. (Repealed (in Sec. 2) and added by Stats. 2024, Ch. 544, Sec. 3. (SB 899) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  125. 528.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. )

    Verify source ↗

    An injunction generally cannot be granted after the defendant has answered unless notice is given or an order to show cause is obtained.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. ) ## 528. An injunction cannot be allowed after the defendant has answered, unless upon notice, or upon an order to show cause; but in such case the defendant may be restrained until the decision of the Court or Judge granting or refusing the injunction. (Enacted 1872.)
  126. 529.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. )

    Verify source ↗

    When a court grants an injunction, it must require the applicant to provide an undertaking covering potential damages, unless a listed exception applies.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. ) ## 529. (a) On granting an injunction, the court or judge must require an undertaking on the part of the applicant to the effect that the applicant will pay to the party enjoined any damages, not exceeding an amount to be specified, the party may sustain by reason of the injunction, if the court finally decides that the applicant was not entitled to the injunction. Within five days after the service of the injunction, the person enjoined may object to the undertaking. If the court determines that the applicant’s undertaking is insufficient and a sufficient undertaking is not filed within the time required by statute, the order granting the injunction must be dissolved. (b) This section does not apply to any of the following persons: (1) Either spouse against the other in a proceeding for legal separation or dissolution of marriage. (2) The applicant for an order described in Division 10 (commencing with Section 6200) of the Family Code. (3) A public entity or officer described in Section 995.220. (4) An applicant requesting an injunction under subdivision (d) of Section 1708.85 of the Civil Code. (5) An applicant requesting an injunction under subdivision (d) of Section 1708.89 of the Civil Code. (Amended by Stats. 2024, Ch. 557, Sec. 3. (AB 1979) Effective January 1, 2025.)
  127. 529.1.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. )

    Verify source ↗

    In certain injunction cases involving construction projects with required permits, the defendant may ask the court to require the plaintiff to post an undertaking, and the plaintiff can be ordered to do so.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. ) ## 529.1. (a) In all actions in which the court has granted an injunction sought by any plaintiff to enjoin a construction project which has received all legally required licenses and permits, the defendant may apply to the court by noticed motion for an order requiring the plaintiff to furnish an undertaking as security for costs and any damages that may be incurred by the defendant by the conclusion of the action or proceeding as the result of a delay in the construction of the project. The motion shall be made on the grounds that there is no reasonable possibility that the plaintiff will obtain a judgment against the moving defendant and that the plaintiff will not suffer undue economic hardship by filing the undertaking. (b) If the court, after hearing, determines that the grounds for the motion have been established, the court shall order that the plaintiff file the undertaking in an amount specified in the court’s order as security for costs and damages of the defendant. The liability of the plaintiff pursuant to this section for the costs and damages of the defendant shall not exceed five hundred thousand dollars ($500,000). (c) As used in this section, a construction project includes, but is not restricted to, the construction, surveying, design, specifications, alteration, repair, improvement, maintenance, removal, or demolition of any building, highway, road, parking facility, bridge, railroad, airport, pier or dock, excavation or other structure, development or other improvement to real or personal property. (Amended by Stats. 2004, Ch. 193, Sec. 11. Effective January 1, 2005.)
  128. 529.2.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. )

    Verify source ↗

    In certain housing-project challenge cases, a defendant may ask the court to require the plaintiff to post an undertaking, and the court may order or decline a bond depending on hardship and the evidence.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. ) ## 529.2. (a) In all civil actions, including, but not limited to, actions brought pursuant to Section 21167 of the Public Resources Code, brought by any plaintiff to challenge a housing project which is a development project, as defined by Section 65928 of the Government Code, and which meets or exceeds the requirements for low- or moderate-income housing as set forth in Section 65915 of the Government Code, a defendant may, if the bringing of the action or the seeking by the plaintiff of particular relief including, but not limited to, injunctions, has the effect of preventing or delaying the project from being carried out, apply to the court by noticed motion for an order requiring the plaintiff to furnish an undertaking as security for costs and any damages that may be incurred by the defendant by the conclusion of the action or proceeding as the result of a delay in carrying out the development project. The motion shall be made on the grounds that the action is without merit and that the action was brought in bad faith, vexatiously, for the purpose of delay, or to thwart the low- or moderate-income nature of the housing development project. (b) In responding to a motion for undertaking, the plaintiff may seek to limit the amount of the undertaking by presenting admissible evidence that filing an undertaking will cause it, and in cases where the plaintiff is an unincorporated association, its members, to suffer undue economic hardship. If the court, after hearing, determines that the grounds for the motion have been established, the court shall order that the plaintiff file the undertaking in an amount specified in the court’s order, taking into consideration any admitted evidence of plaintiff’s economic hardship and avoiding causing the plaintiff to suffer undue economic hardship, as security for costs and damages of the defendant. The liability of the plaintiff pursuant to this section for the costs and damages of the defendant shall not exceed five hundred thousand dollars ($500,000). If the court concludes, based on all of the admissible evidence presented, that a bond in any amount would cause the plaintiff undue economic hardship, the court is authorized in its discretion to decline to impose a bond. (c) If at any time after the plaintiff has filed an undertaking the housing development plan is changed by the developer in bad faith so that it fails to meet or exceed the requirements for low- or moderate-income housing as set forth in Section 65915 of the Government Code, the developer shall be liable to the plaintiff for the cost of obtaining the undertaking. (Amended by Stats. 2024, Ch. 285, Sec. 1. (SB 393) Effective January 1, 2025.)
  129. 530.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. )

    Verify source ↗

    In certain water-rights injunction cases, the court must require notice to the defendant before hearing the application, unless specific possession-and-diversion facts are shown in verified papers.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. ) ## 530. In all actions which may be hereafter brought when an injunction or restraining order may be applied for to prevent the diversion, diminution or increase of the flow of water in its natural channels, to the ordinary flow of which the plaintiff claims to be entitled, the court shall first require due notice of the application to be served upon the defendant, unless it shall appear from the verified complaint or affidavits upon which the application therefor is made, that, within ten days prior to the time of such application, the plaintiff has been in the peaceable possession of the flow of such water, and that, within such time, said plaintiff has been deprived of the flow thereof by the wrongful diversion of such flow by the defendant, or that the plaintiff, at the time of such application, is, and for ten days prior thereto, has been, in possession of the flow of said water, and that the defendant threatens to divert the flow of such water; and if such notice of such application be given and upon the hearing thereof, it be made to appear to the court that plaintiff is entitled to the injunction, but that the issuance thereof pending the litigation will entail great damage upon defendant, and that plaintiff will not be greatly damaged by the acts complained of pending the litigation, and can be fully compensated for such damage as he may suffer, the court may refuse the injunction upon the defendant giving a bond such as is provided for in section five hundred and thirty-two; and upon the trial the same proceedings shall be had, and with the same effect as in said section provided. (Amended by Stats. 1911, Ch. 733.)
  130. 531.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. )

    Verify source ↗

    An injunction stopping a corporation’s general business cannot be granted unless notice of the application is given to the corporation’s proper officers or managing agent, except when the people of California are a party to the proceeding.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. ) ## 531. An injunction to suspend the general and ordinary business of a corporation can not be granted without due notice of the application therefor to the proper officers or managing agent of the corporation, except when the people of this state are a party to the proceeding. (Amended by Stats. 1907, Ch. 272.)
  131. 532.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. )

    Verify source ↗

    A person subject to an injunction granted without notice may ask the judge or court to dissolve or modify it, and the court may also modify certain water-diversion injunctions if specific damage and compensation findings are made.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. ) ## 532. (a) If an injunction is granted without notice to the person enjoined, the person may apply, upon reasonable notice to the judge who granted the injunction, or to the court in which the action was brought, to dissolve or modify the injunction. The application may be made upon the complaint or the affidavit on which the injunction was granted, or upon affidavit on the part of the person enjoined, with or without the answer. If the application is made upon affidavits on the part of the person enjoined, but not otherwise, the person against whom the application is made may oppose the application by affidavits or other evidence in addition to that on which the injunction was granted. (b) In all actions in which an injunction or restraining order has been or may be granted or applied for, to prevent the diversion, pending the litigation, of water used, or to be used, for irrigation or domestic purposes only, if it is made to appear to the court that great damage will be suffered by the person enjoined, in case the injunction is continued, and that the person in whose behalf it issued can be fully compensated for any damages suffered by reason of the continuance of the acts enjoined during the pendency of the litigation, the court in its discretion, may dissolve or modify the injunction. The dissolution or modification shall be subject to the person enjoined giving a bond in such amount as may be fixed by the court or judge, conditioned that the enjoined person will pay all damages which the person in whose behalf the injunction issued may suffer by reason of the continuance, during the litigation, of the acts complained of. Upon the trial the amount of the damages must be ascertained, and in case judgment is rendered for the person in whose behalf the injunction was granted, the amount fixed as damages must be included in the judgment, together with reasonable attorney’s fees. In any proceedings to enforce the liability on the bond, the amount of the damages as fixed in the judgment is conclusive. (Amended by Stats. 1982, Ch. 517, Sec. 125.)
  132. 533.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. )

    Verify source ↗

    The court may, after notice, modify or dissolve an injunction or temporary restraining order if there is a material change in the facts, a change in the law, or if justice would be served.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. ) ## 533. In any action, the court may on notice modify or dissolve an injunction or temporary restraining order upon a showing that there has been a material change in the facts upon which the injunction or temporary restraining order was granted, that the law upon which the injunction or temporary restraining order was granted has changed, or that the ends of justice would be served by the modification or dissolution of the injunction or temporary restraining order. (Repealed and added by Stats. 1995, Ch. 796, Sec. 8. Effective January 1, 1996.)
  133. 534.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. )

    Verify source ↗

    In certain water-diversion injunction cases, the defendant can argue the water is needed for irrigation or other public use, but must give details and may have to pay damages or post a bond to avoid an injunction for the allowed amount.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. ) ## 534. In any action brought by a riparian owner to enjoin the diversion of water appropriated or proposed to be appropriated, or the use thereof, against any person or persons appropriating or proposing to appropriate such waters, the defendant may set up in his answer that the water diverted or proposed to be diverted is for the irrigation of land or other public use, and, in such case, he shall also in such answer set forth the quantity of water desired to be taken and necessary to such irrigation of land or the public use, the nature of such use, the place where the same is used or proposed to be used, the duration and extent of the diversion or the proposed diversion, including the stages of the flow of the stream at and during the time in which the water is to be diverted, and that the same may be diverted without interfering with the actual and necessary beneficial uses of the plaintiff, and that such defendant so answering desires that the court shall ascertain and fix the damages, if any, that will result to the plaintiff or to his riparian lands from the appropriation of the water so appropriated or intended to be appropriated by defendant. The plaintiff may serve and file a reply to the defendant’s answer stating plaintiff’s rights to the water and the damage plaintiff will suffer by the defendant’s taking of the water, and plaintiff may implead as parties to the action all persons necessary to a full determination of the rights of plaintiff to the water and the damages plaintiff will suffer by the proposed taking by defendant, and the court shall have jurisdiction to hear and determine all the rights to water of the plaintiff and other parties to the action, and said parties shall have a right to state and prove their rights, and shall be bound by the judgment rendered the same as though made parties plaintiff at the commencement of the action. Upon the trial of the case the court shall receive and hear evidence on behalf of the respective parties, and if the court finds that the allegations of such answer are true as to the aforesaid matters, and that the appropriation and diversion of such waters is for irrigation of land or other public use and that, after allowing sufficient water for the actual and necessary beneficial uses of the plaintiff and other parties, there is water available to be beneficially appropriated by such defendant so answering, the court shall fix the time and manner and extent of such appropriation and the actual damages, if any, resulting to the plaintiff or other parties on account of the same, and in fixing such damages the court shall be guided by Article 5 (commencing with Section 1263.410) of Chapter 9 of Title 7 of Part 3, and if, upon the ascertainment and fixing of such damages the defendant, within the time allowed in Section 1268.010 for the payment of damages in proceedings in eminent domain, shall pay into court the amount of damages fixed and the costs adjudged to be paid by such defendant, or give a good and sufficient bond to pay the same upon the final settlement of the case, the injunction prayed for by the plaintiff shall be denied to the extent of the amount the defendant is permitted to appropriate, as aforesaid, and the temporary injunction, if any has been granted, shall be vacated to the extent aforesaid; provided, that any of the parties may appeal from such judgment as in other cases; and provided, further, that if such judgment is in favor of the defendant and if he upon and pending such appeal shall keep on deposit with the clerk of said court the amount of such damages and costs, or the bond, if it be given, so awarded to be paid to the plaintiff or other parties in the event such judgment shall be affirmed, no injunction against the appropriation of the amount the defendant is permitted to appropriate as aforesaid shall be granted or enforced pending such appeal, and, upon the acceptance by the plaintiff or other parties of such amount so awarded or upon the affirmation of such decision on appeal so that such judgment shall become final, the defendant shall have the right to divert and appropriate from such stream, against such plaintiff or other parties and his successors in interest, the quantity of water therein adjudged and allowed. Upon the filing of such answer as is herein provided for, the parties plaintiff or other parties and defendant shall be entitled to a jury trial upon the issues as to damages so raised, as provided in Title 7 (commencing with Section 1230.010) of Part 3, applying to proceedings in eminent domain. (Amended by Stats. 1975, Ch. 1240.)
  134. 564.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Receivers [564 - 570] ( Chapter 5 enacted 1872. )

    Verify source ↗

    Courts may appoint receivers in listed cases, and a secured lender using that process for hazardous-substance inspection must give reasonable notice and avoid harassment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Receivers [564 - 570] ( Chapter 5 enacted 1872. ) ## 564. (a) A receiver may be appointed, in the manner provided in this chapter, by the court in which an action or proceeding is pending in any case in which the court is empowered by law to appoint a receiver. (b) A receiver may be appointed by the court in which an action or proceeding is pending, or by a judge of that court, in the following cases: (1) In an action by a vendor to vacate a fraudulent purchase of property, or by a creditor to subject any property or fund to the creditor’s claim, or between partners or others jointly owning or interested in any property or fund, on the application of the plaintiff, or of any party whose right to or interest in the property or fund, or the proceeds of the property or fund, is probable, and where it is shown that the property or fund is in danger of being lost, removed, or materially injured. (2) In an action by a secured lender for the foreclosure of a deed of trust or mortgage and sale of property upon which there is a lien under a deed of trust or mortgage, where it appears that the property is in danger of being lost, removed, or materially injured, or that the condition of the deed of trust or mortgage has not been performed, and that the property is probably insufficient to discharge the deed of trust or mortgage debt. (3) After judgment, to carry the judgment into effect. (4) After judgment, to dispose of the property according to the judgment, or to preserve it during the pendency of an appeal, or pursuant to the Enforcement of Judgments Law (Title 9 (commencing with Section 680.010)), or after sale of real property pursuant to a decree of foreclosure, during the redemption period, to collect, expend, and disburse rents as directed by the court or otherwise provided by law. (5) Where a corporation has been dissolved, as provided in Section 565. (6) Where a corporation is insolvent, or in imminent danger of insolvency, or has forfeited its corporate rights. (7) In an action of unlawful detainer. (8) At the request of the Public Utilities Commission pursuant to Section 1825 or 1826 of the Public Utilities Code. (9) In all other cases where necessary to preserve the property or rights of any party. (10) At the request of the Office of Statewide Health Planning and Development, or the Attorney General, pursuant to Section 129173 of the Health and Safety Code. (11) In an action by a secured lender for specific performance of an assignment of rents provision in a deed of trust, mortgage, or separate assignment document. The appointment may be continued after entry of a judgment for specific performance if appropriate to protect, operate, or maintain real property encumbered by a deed of trust or mortgage or to collect rents therefrom while a pending nonjudicial foreclosure under power of sale in a deed of trust or mortgage is being completed. (12) In a case brought by an assignee under an assignment of leases, rents, issues, or profits pursuant to subdivision (g) of Section 2938 of the Civil Code. (c) A receiver may be appointed, in the manner provided in this chapter, including, but not limited to, Section 566, by the superior court in an action brought by a secured lender to enforce the rights provided in Section 2929.5 of the Civil Code, to enable the secured lender to enter and inspect the real property security for the purpose of determining the existence, location, nature, and magnitude of any past or present release or threatened release of any hazardous substance into, onto, beneath, or from the real property security. The secured lender shall not abuse the right of entry and inspection or use it to harass the borrower or tenant of the property. Except in case of an emergency, when the borrower or tenant of the property has abandoned the premises, or if it is impracticable to do so, the secured lender shall give the borrower or tenant of the property reasonable notice of the secured lender’s intent to enter and shall enter only during the borrower’s or tenant’s normal business hours. Twenty-four hours’ notice shall be presumed to be reasonable notice in the absence of evidence to the contrary. (d) Any action by a secured lender to appoint a receiver pursuant to this section shall not constitute an action within the meaning of subdivision (a) of Section 726. (e) For purposes of this section: (1) “Borrower” means the trustor under a deed of trust, or a mortgagor under a mortgage, where the deed of trust or mortgage encumbers real property security and secures the performance of the trustor or mortgagor under a loan, extension of credit, guaranty, or other obligation. The term includes any successor in interest of the trustor or mortgagor to the real property security before the deed of trust or mortgage has been discharged, reconveyed, or foreclosed upon. (2) “Hazardous substance” means any of the following: (A) Any “hazardous substance” as defined in subdivision (h) of Section 25281 of the Health and Safety Code. (B) Any “waste” as defined in subdivision (d) of Section 13050 of the Water Code. (C) Petroleum including crude oil or any fraction thereof, natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel, or any mixture thereof. (3) “Real property security” means any real property and improvements, other than a separate interest and any related interest in the common area of a residential common interest development, as the terms “separate interest,” “common area,” and “common interest development” are defined in Sections 4095, 4100, and 4185 of the Civil Code, or real property consisting of one acre or less that contains 1 to 15 dwelling units. (4) “Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, including continuing migration, of hazardous substances into, onto, or through soil, surface water, or groundwater. (5) “Secured lender” means the beneficiary under a deed of trust against the real property security, or the mortgagee under a mortgage against the real property security, and any successor in interest of the beneficiary or mortgagee to the deed of trust or mortgage. (Amended by Stats. 2020, Ch. 27, Sec. 1. (SB 350) Effective January 1, 2021.)
  135. 565.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Receivers [564 - 570] ( Chapter 5 enacted 1872. )

    Verify source ↗

    When a corporation is dissolved, the county Superior Court may appoint receivers or trustees on application by a creditor, stockholder, or member.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Receivers [564 - 570] ( Chapter 5 enacted 1872. ) ## 565. Upon the dissolution of any corporation, the Superior Court of the county in which the corporation carries on its business or has its principal place of business, on application of any creditor of the corporation, or of any stockholder or member thereof, may appoint one or more persons to be receivers or trustees of the corporation, to take charge of the estate and effects thereof, and to collect the debts and property due and belonging to the corporation, and to pay the outstanding debts thereof, and to divide the moneys and other property that shall remain over among the stockholders or members. (Amended by Code Amendments 1880, Ch. 15.)
  136. 566.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Receivers [564 - 570] ( Chapter 5 enacted 1872. )

    Verify source ↗

    Certain conflicted people cannot be appointed receiver without written consent; if a receiver is sought ex parte, the court must require an undertaking from the applicant first.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Receivers [564 - 570] ( Chapter 5 enacted 1872. ) ## 566. (a) No party, or attorney of a party, or person interested in an action, or related to any judge of the court by consanguinity or affinity within the third degree, can be appointed receiver therein without the written consent of the parties, filed with the clerk. (b) If a receiver is appointed upon an ex parte application, the court, before making the order, must require from the applicant an undertaking in an amount to be fixed by the court, to the effect that the applicant will pay to the defendant all damages the defendant may sustain by reason of the appointment of the receiver and the entry by the receiver upon the duties, in case the applicant shall have procured the appointment wrongfully, maliciously, or without sufficient cause. (Amended by Stats. 1982, Ch. 517, Sec. 127.)
  137. 567.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Receivers [564 - 570] ( Chapter 5 enacted 1872. )

    Verify source ↗

    A receiver must be sworn before taking up duties and must give an undertaking to the State of California in an amount set by the court or judge.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Receivers [564 - 570] ( Chapter 5 enacted 1872. ) ## 567. Before entering upon the duties of a receiver: (a) The receiver must be sworn to perform the duties faithfully. (b) The receiver shall give an undertaking to the State of California, in such sum as the court or judge may direct, to the effect that the receiver will faithfully discharge the duties of receiver in the action and obey the orders of the court therein. The receiver shall be allowed the cost of the undertaking. (Amended by Stats. 1982, Ch. 517, Sec. 128.)
  138. 568.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Receivers [564 - 570] ( Chapter 5 enacted 1872. )

    Verify source ↗

    The receiver may manage property and litigation for the receivership, but only under the Court’s control.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Receivers [564 - 570] ( Chapter 5 enacted 1872. ) ## 568. The receiver has, under the control of the Court, power to bring and defend actions in his own name, as receiver; to take and keep possession of the property, to receive rents, collect debts, to compound for and compromise the same, to make transfers, and generally to do such acts respecting the property as the Court may authorize. (Enacted 1872.)
  139. 568.1.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Receivers [564 - 570] ( Chapter 5 enacted 1872. )

    Verify source ↗

    A receiver may deposit securities in a securities depository if the court controls the process and the depository is properly licensed or exempt.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Receivers [564 - 570] ( Chapter 5 enacted 1872. ) ## 568.1. Any securities in the hands of a receiver may, under the control of the court, be deposited by the receiver in a securities depository, as defined in Section 30004 of the Financial Code, which is licensed under Section 30200 of the Financial Code or exempted from licensing thereunder by Section 30005 or 30006 of the Financial Code, and such securities may be held by such securities depository in the manner authorized by Section 775 of the Financial Code. (Added by Stats. 1972, Ch. 1057.)
  140. 568.2.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Receivers [564 - 570] ( Chapter 5 enacted 1872. )

    Verify source ↗

    A receiver of rental housing must notify the court about uncorrectable substandard or unsafe conditions and file that notice on a short deadline.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Receivers [564 - 570] ( Chapter 5 enacted 1872. ) ## 568.2. (a) A receiver of real property containing rental housing shall notify the court of the existence of any order or notice to correct any substandard or unsafe condition, as defined in Section 17920.3 or 17920.10 of the Health and Safety Code, with which the receiver cannot comply within the time provided by the order or notice. (b) The notice shall be filed within 30 days after the receiver’s appointment or, if the substandard condition occurs subsequently, within 15 days of its occurrence. (c) The notice shall inform the court of all of the following: (1) The substandard conditions that exist. (2) The threat or danger that the substandard conditions pose to any occupant of the property or the public. (3) The approximate cost and time involved in abating the conditions. If more time is needed to approximate the cost, then the notice shall provide the date on which the approximate cost will be filed with the court and that date shall be within 10 days of the filing. (4) Whether the receivership estate is likely to contain sufficient funds to abate the conditions. (d) If the receivership estate does not contain sufficient funds to abate the conditions, the receiver shall request further instructions or orders from the court. (e) The court, upon receipt of a notice pursuant to subdivision (d), shall consider appropriate orders or instructions to enable the receiver to correct the substandard conditions or to terminate or limit the period of receivership. (Amended by Stats. 2005, Ch. 595, Sec. 3. Effective January 1, 2006.)
  141. 568.3.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Receivers [564 - 570] ( Chapter 5 enacted 1872. )

    Verify source ↗

    Certain tenants, tenant groups, and enforcement agencies may ask the court for further instructions or orders in a receivership action if specified conditions are met.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Receivers [564 - 570] ( Chapter 5 enacted 1872. ) ## 568.3. Any tenant of real property that is subject to receivership, a tenant association or organization, or any federal, state, or local enforcement agency, may file a motion in a receivership action for the purpose of seeking further instructions or orders from the court, if either of the following is true: (a) Substandard conditions exist, as defined by Section 17920.3 or 17920.10 of the Health and Safety Code. (b) A dispute or controversy exists concerning the powers or duties of the receiver affecting a tenant or the public. (Amended by Stats. 2005, Ch. 595, Sec. 4. Effective January 1, 2006.)
  142. 568.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Receivers [564 - 570] ( Chapter 5 enacted 1872. )

    Verify source ↗

    A receiver may sell property in the receiver’s possession if the court orders it and the sale follows the required notice and procedure.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Receivers [564 - 570] ( Chapter 5 enacted 1872. ) ## 568.5. A receiver may, pursuant to an order of the court, sell real or personal property in the receiver’s possession upon the notice and in the manner prescribed by Article 6 (commencing with Section 701.510) of Chapter 3 of Division 2 of Title 9. The sale is not final until confirmed by the court. (Amended by Stats. 1982, Ch. 497, Sec. 35. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
  143. 568.6.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Receivers [564 - 570] ( Chapter 5 enacted 1872. )

    Verify source ↗

    A court-appointed receiver must control and operate Pacific Gas and Electric Company, under the terms and conditions set by the court.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Receivers [564 - 570] ( Chapter 5 enacted 1872. ) ## 568.6. A receiver appointed at the request of the Public Utilities Commission pursuant to Section 1825 of the Public Utilities Code shall control and operate Pacific Gas and Electric Company upon such terms and conditions as the court prescribes. (Added by Stats. 2020, Ch. 27, Sec. 2. (SB 350) Effective January 1, 2021.)
  144. 569.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Receivers [564 - 570] ( Chapter 5 enacted 1872. )

    Verify source ↗

    A receiver may deposit receivership funds in interest-bearing accounts at one or more financial institutions if the listed conditions are met.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Receivers [564 - 570] ( Chapter 5 enacted 1872. ) ## 569. Funds in the hands of a receiver may be deposited in one or more interest bearing accounts in the name and for the benefit of the receivership estate with one or more financial institutions, provided that all of the following conditions are satisfied: (a) The deposits are fully guaranteed or insured under federal law. (b) The financial institution in which the funds are deposited is not a party to the action in which the receiver was appointed. (c) The receiver does not own 1 percent or more in value of the outstanding stock of the financial institution, is not an officer, director, or employee of the financial institution, and is not a sibling, whether by the whole or half-blood, spouse, aunt, uncle, nephew, niece, ancestor, or lineal descendant of an owner, officer, employee, or director. (Amended by Stats. 1998, Ch. 932, Sec. 16. Effective January 1, 1999.)
  145. 570.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Receivers [564 - 570] ( Chapter 5 enacted 1872. )

    Verify source ↗

    A receiver with unclaimed funds must publish notice, report any funds still unclaimed after 30 days, and pay the funds into the State Treasury if the court orders it.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5. Receivers [564 - 570] ( Chapter 5 enacted 1872. ) ## 570. A receiver having any funds in his hands belonging to a person whose whereabouts are unknown to him, shall, before receiving his discharge as such receiver, publish a notice, in one or more newspapers published in the county, at least once a week for four consecutive weeks, setting forth the name of the owner of any unclaimed funds, the last known place of residence or post office address of such owner and the amount of such unclaimed funds. Any funds remaining in his hands unclaimed for 30 days after the date of the last publication of such notice, shall be reported to the court, and upon order of the court, all such funds must be paid into the State Treasury accompanied with a copy of the order, which must set forth the facts required in the notice herein provided. Such funds shall be deemed to have been received by the State under Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of this code and may be recovered in the manner prescribed therein. All costs and expenses connected with such advertising shall be paid out of the funds the whereabouts of whose owners are unknown. (Amended by Stats. 1963, Ch. 1762.)
  146. 571.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5A. Undertaking of Persons Handling Private Property or Funds [571- 571.] ( Chapter 5A added by Stats. 1963, Ch. 575. )

    Verify source ↗

    If a court appoints a referee or commissioner whose duties involve handling property or money, the appointment order must require an undertaking to the State of California before duties begin.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 5A. Undertaking of Persons Handling Private Property or Funds [571- 571.] ( Chapter 5A added by Stats. 1963, Ch. 575. ) ## 571. If a referee or commissioner is appointed by a court and the duties of the referee or commissioner will, or are reasonably anticipated to, involve the custody of personal property or the receipt or disbursement of moneys, the order of appointment shall provide that before entering upon the duties, the referee or commissioner shall execute an undertaking to the State of California, to the effect that the referee or commissioner will faithfully discharge the duties of referee or commissioner, as the case may be, and obey the orders of the court therein. The order of appointment shall specify the amount of the undertaking, but a failure to so specify shall not invalidate the order. (Amended by Stats. 1982, Ch. 517, Sec. 129.)
  147. 572.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 6. Deposit in Court [572 - 574] ( Chapter 6 enacted 1872. )

    Verify source ↗

    A court may order disputed money or deliverable property to be deposited in court or delivered to a party, if certain facts are shown and the order is on motion.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 6. Deposit in Court [572 - 574] ( Chapter 6 enacted 1872. ) ## 572. When it is admitted by the pleadings, or shown upon the examination of a party to the action, that he or she has in his or her possession, or under his or her control, any money or other thing capable of delivery, which, being the subject of litigation, is held by him or her as trustee for another party, or which belongs or which is due to another party or which should, under the circumstances of the case be held by the court pending final disposition of the action, the court may order the same, upon motion, to be deposited in court or delivered to such party, upon those conditions that may be just, subject to the further direction of the court. (Amended by Stats. 1986, Ch. 540, Sec. 6.)
  148. 573.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 6. Deposit in Court [572 - 574] ( Chapter 6 enacted 1872. )

    Verify source ↗

    Money paid into or deposited with the court under this chapter must be deposited in the court’s treasury as provided by the Government Code.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 6. Deposit in Court [572 - 574] ( Chapter 6 enacted 1872. ) ## 573. Whenever money is paid into or deposited in the court under this chapter, it shall be deposited with the court’s treasury as provided in Section 68084 of the Government Code. (Repealed and added by Stats. 2005, Ch. 75, Sec. 35. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  149. 574.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 6. Deposit in Court [572 - 574] ( Chapter 6 enacted 1872. )

    Verify source ↗

    If a court order to deposit or deliver money or other property is disobeyed, the court may punish the disobedience and may order the sheriff or marshal to take the property and deposit or deliver it as directed.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) ## CHAPTER 6. Deposit in Court [572 - 574] ( Chapter 6 enacted 1872. ) ## 574. Whenever, in the exercise of its authority, a court has ordered the deposit or delivery of money, or other thing, and the order is disobeyed, the court, beside punishing the disobedience, may make an order requiring the sheriff or marshal to take the money, or thing, and deposit or deliver it in conformity with the direction of the court. (Amended by Stats. 1996, Ch. 872, Sec. 15. Effective January 1, 1997.)
  150. 575.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7a. PRETRIAL CONFERENCES [575 - 576] ( Title 7a added by Stats. 1955, Ch. 632. )

    Verify source ↗

    The Judicial Council may make rules for pretrial conferences in civil cases at issue in the superior courts.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7a. PRETRIAL CONFERENCES [575 - 576] ( Title 7a added by Stats. 1955, Ch. 632. ) ## 575. The Judicial Council may promulgate rules governing pretrial conferences, and the time, manner and nature thereof, in civil cases at issue, or in one or more classes thereof, in the superior courts. (Amended by Stats. 2002, Ch. 784, Sec. 61. Effective January 1, 2003.)
  151. 575.1.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7a. PRETRIAL CONFERENCES [575 - 576] ( Title 7a added by Stats. 1955, Ch. 632. )

    Verify source ↗

    This section lets presiding judges draft proposed local rules, and requires courts and the Judicial Council to publish, file, and make those rules available for inspection.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7a. PRETRIAL CONFERENCES [575 - 576] ( Title 7a added by Stats. 1955, Ch. 632. ) ## 575.1. (a) The presiding judge of each superior court may prepare, with the assistance of appropriate committees of the court, proposed local rules designed to expedite and facilitate the business of the court. The rules need not be limited to those actions on the civil active list, but may provide for the supervision and judicial management of actions from the date they are filed. Rules prepared pursuant to this section shall be submitted for consideration to the judges of the court and, upon approval by a majority of the judges, the judges shall have the proposed rules published and submitted to the local bar and others, as specified by the Judicial Council, for consideration and recommendations. (b) After a majority of the judges have officially adopted the rules, they shall be filed with the Judicial Council as required by Section 68071 of the Government Code and as specified in rules adopted by the Judicial Council. The Judicial Council shall prescribe rules to ensure that a complete current set of local rules and amendments, for each county in the state, is made available for public examination in each county. The local rules shall also be published for general distribution in accordance with rules adopted by the Judicial Council. Each court shall make its local rules available for inspection and copying in every location of the court that generally accepts filing of papers. The court may impose a reasonable charge for copying the rules and may impose a reasonable page limit on copying. The rules shall be accompanied by a notice indicating where a full set of the rules may be purchased. (c) If a judge of a court adopts a rule that applies solely to cases in that judge’s courtroom, or a particular branch or district of a court adopts a rule that applies solely to cases in that particular branch or district of a court, the court shall publish these rules as part of the general publication of rules required by the California Rules of Court. The court shall organize the rules so that rules on a common subject, whether individual, branch, district, or courtwide appear sequentially. Individual judges’ rules and branch and district rules are local rules of court for purposes of this section and for purposes of the adoption, publication, comment, and filing requirements set forth in the Judicial Council rules applicable to local court rules. (Amended by Stats. 2003, Ch. 149, Sec. 9. Effective January 1, 2004.)
  152. 575.2.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7a. PRETRIAL CONFERENCES [575 - 576] ( Title 7a added by Stats. 1955, Ch. 632. )

    Verify source ↗

    If someone fails to follow the local rules, the court may strike pleadings, dismiss the case, enter default judgment, impose lesser penalties, or order payment of reasonable expenses and attorney fees.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7a. PRETRIAL CONFERENCES [575 - 576] ( Title 7a added by Stats. 1955, Ch. 632. ) ## 575.2. (a) Local rules promulgated pursuant to Section 575.1 may provide that if any counsel, a party represented by counsel, or a party if in pro se, fails to comply with any of the requirements thereof, the court on motion of a party or on its own motion may strike out all or any part of any pleading of that party, or, dismiss the action or proceeding or any part thereof, or enter a judgment by default against that party, or impose other penalties of a lesser nature as otherwise provided by law, and may order that party or his or her counsel to pay to the moving party the reasonable expenses in making the motion, including reasonable attorney fees. No penalty may be imposed under this section without prior notice to, and an opportunity to be heard by, the party against whom the penalty is sought to be imposed. (b) It is the intent of the Legislature that if a failure to comply with these rules is the responsibility of counsel and not of the party, any penalty shall be imposed on counsel and shall not adversely affect the party’s cause of action or defense thereto. (Amended by Stats. 2002, Ch. 806, Sec. 14. Effective January 1, 2003.)
  153. 576.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7a. PRETRIAL CONFERENCES [575 - 576] ( Title 7a added by Stats. 1955, Ch. 632. )

    Verify source ↗

    A judge may allow changes to a pleading or pretrial conference order, before or after trial begins, if justice and proper terms support it.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 7a. PRETRIAL CONFERENCES [575 - 576] ( Title 7a added by Stats. 1955, Ch. 632. ) ## 576. Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order. (Added by Stats. 1963, Ch. 882.)
  154. 577.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. )

    Verify source ↗

    A judgment is the final determination of the parties’ rights in an action or proceeding.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. ) ## 577. A judgment is the final determination of the rights of the parties in an action or proceeding. (Enacted 1872.)
  155. 577.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. )

    Verify source ↗

    Amounts in a judgment or execution on a judgment must be computed and stated in dollars and cents, with fractions rejected.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. ) ## 577.5. In any judgment, or execution upon such judgment, the amount shall be computed and stated in dollars and cents, rejecting fractions. (Added by Stats. 1951, Ch. 655.)
  156. 578.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. )

    Verify source ↗

    Judgment may be entered for or against some of multiple plaintiffs or defendants, and if justice requires, it may determine the ultimate rights between the parties on each side.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. ) ## 578. Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves. (Enacted 1872.)
  157. 579.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. )

    Verify source ↗

    In an action against several defendants, the court may, in its discretion, enter judgment against one or more defendants if a separate judgment is proper.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. ) ## 579. In an action against several defendants, the Court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment is proper. (Enacted 1872.)
  158. 580.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. )

    Verify source ↗

    The court’s relief is limited by the complaint when there is no answer, and in limited civil cases certain relief cannot be granted.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. ) ## 580. (a) The relief granted to the plaintiff, if there is no answer, cannot exceed that demanded in the complaint, in the statement required by Section 425.11, or in the statement provided for by Section 425.115; but in any other case, the court may grant the plaintiff any relief consistent with the case made by the complaint and embraced within the issue. The court may impose liability, regardless of whether the theory upon which liability is sought to be imposed involves legal or equitable principles. (b) Notwithstanding subdivision (a), the following types of relief may not be granted in a limited civil case: (1) Relief exceeding the maximum amount in controversy for a limited civil case as provided in Section 85, exclusive of attorney’s fees, interest, and costs. (2) A permanent injunction, except as otherwise authorized by statute. (3) A determination of title to real property. (4) Declaratory relief, except as authorized by Section 86. (Amended by Stats. 2007, Ch. 43, Sec. 5. Effective January 1, 2008.)
  159. 580.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. )

    Verify source ↗

    This section says that, in a mortgage or deed-of-trust obligation backed by a letter of credit, certain letter-of-credit actions do not count as an action, deficiency judgment, or violation under the listed foreclosure rules.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. ) ## 580.5. (a) For purposes of this section: (1) “Beneficiary” means a “beneficiary” as defined in paragraph (3) of subdivision (a) of Section 5102 of the Commercial Code. (2) “Issuer” means an “issuer” as defined in paragraph (9) of subdivision (a) of Section 5102 of the Commercial Code. (3) “Letter of credit” means a “letter of credit” as defined in paragraph (10) of subdivision (a) of Section 5102 of the Commercial Code whether or not the engagement is governed by Division 5 (commencing with Section 5101) of the Commercial Code. (b) With respect to an obligation which is secured by a mortgage or a deed of trust upon real property or an estate for years therein and which is also supported by a letter of credit, neither the presentment, receipt of payment, or enforcement of a draft or demand for payment under the letter of credit by the beneficiary of the letter of credit nor the honor or payment of, or the demand for reimbursement, receipt of reimbursement or enforcement of any contractual, statutory or other reimbursement obligation relating to, the letter of credit by the issuer of the letter of credit shall, whether done before or after the judicial or nonjudicial foreclosure of the mortgage or deed of trust or conveyance in lieu thereof, constitute any of the following: (1) An action within the meaning of subdivision (a) of Section 726, or a failure to comply with any other statutory or judicial requirement to proceed first against security. (2) A money judgment for a deficiency or a deficiency judgment within the meaning of Section 580a, 580b, or 580d, or subdivision (b) of Section 726, or the functional equivalent of any such judgment. (3) A violation of Section 580a, 580b, 580d, or 726. (Amended by Stats. 1996, Ch. 176, Sec. 2. Effective January 1, 1997.)
  160. 580.7.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. )

    Verify source ↗

    A letter of credit is not enforceable in certain loan transactions that meet specific conditions.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. ) ## 580.7. (a) For purposes of this section: (1) “Beneficiary” means a “beneficiary” as defined in paragraph (3) of subdivision (a) of Section 5102 of the Commercial Code. (2) “Customer” means an “applicant” as defined in paragraph (2) of subdivision (a) of Section 5102 of the Commercial Code. (3) “Letter of credit” means a “letter of credit” as defined in paragraph (10) of subdivision (a) of Section 5102 of the Commercial Code whether or not the engagement is governed by Division 5 (commencing with Section 5101) of the Commercial Code. (b) No letter of credit shall be enforceable by any party thereto in a loan transaction in which all of the following circumstances exist: (1) The customer is a natural person. (2) The letter of credit is issued to the beneficiary to avoid a default of the existing loan. (3) The existing loan is secured by a purchase money deed of trust or purchase money mortgage on real property containing one to four residential units, at least one of which is owned and occupied, or was intended at the time the existing loan was made, to be occupied by the customer. (4) The letter of credit is issued after the effective date of this section. (Amended by Stats. 1996, Ch. 176, Sec. 3. Effective January 1, 1997.)
  161. 580a

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. )

    Verify source ↗

    For certain post-foreclosure deficiency actions, the plaintiff must plead specified sale and debt details, the court must value the property and limit any judgment, and the action must be filed within three months of sale.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. ) ## 580a. Whenever a money judgment is sought for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real property or any interest therein was given as security, following the exercise of the power of sale in such deed of trust or mortgage, the plaintiff shall set forth in his or her complaint the entire amount of the indebtedness which was secured by the deed of trust or mortgage at the time of sale, the amount for which the real property or interest therein was sold and the fair market value thereof at the date of sale and the date of that sale. Upon the application of either party made at least 10 days before the time of trial the court shall, and upon its own motion the court at any time may, appoint one of the probate referees provided for by law to appraise the property or the interest therein sold as of the time of sale. The referee shall file his or her appraisal with the clerk and that appraisal shall be admissible in evidence. The referee shall take and subscribe an oath to be attached to the appraisal that he or she has truly, honestly and impartially appraised the property to the best of his or her knowledge and ability. Any referee so appointed may be called and examined as a witness by any party or by the court itself. The court must fix the compensation of the referee in an amount as determined by the court to be reasonable, but those fees shall not exceed similar fees for similar services in the community where the services are rendered, which may be taxed and allowed in like manner as other costs. Before rendering any judgment the court shall find the fair market value of the real property, or interest therein sold, at the time of sale. The court may render judgment for not more than the amount by which the entire amount of the indebtedness due at the time of sale exceeded the fair market value of the real property or interest therein sold at the time of sale with interest thereon from the date of the sale; provided, however, that in no event shall the amount of the judgment, exclusive of interest after the date of sale, exceed the difference between the amount for which the property was sold and the entire amount of the indebtedness secured by the deed of trust or mortgage. Any such action must be brought within three months of the time of sale under the deed of trust or mortgage. No judgment shall be rendered in any such action until the real property or interest therein has first been sold pursuant to the terms of the deed of trust or mortgage, unless the real property or interest therein has become valueless. (Amended by Stats. 1988, Ch. 1199, Sec. 6. Operative July 1, 1989, by Sec. 119 of Ch. 1199.)
  162. 580b

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. )

    Verify source ↗

    This section limits when a deficiency can be owed, collected, or reduced to a deficiency judgment after certain real property sales, purchase-money loans, and related refinancings.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. ) ## 580b. (a) Except as provided in subdivision (c), no deficiency shall be owed or collected, and no deficiency judgment shall lie, for any of the following: (1) After a sale of real property or an estate for years therein for failure of the purchaser to complete his or her contract of sale. (2) Under a deed of trust or mortgage given to the vendor to secure payment of the balance of the purchase price of that real property or estate for years therein. (3) Under a deed of trust or mortgage on a dwelling for not more than four families given to a lender to secure repayment of a loan that was used to pay all or part of the purchase price of that dwelling, occupied entirely or in part by the purchaser. For purposes of subdivision (b), a loan described in this paragraph is a “purchase money loan.” (b) No deficiency shall be owed or collected, and no deficiency judgment shall lie, on a loan, refinance, or other credit transaction (collectively, a “credit transaction”) that is used to refinance a purchase money loan, or subsequent refinances of a purchase money loan, except to the extent that in a credit transaction the lender or creditor advances new principal (hereafter “new advance”) that is not applied to an obligation owed or to be owed under the purchase money loan, or to fees, costs, or related expenses of the credit transaction. A new credit transaction shall be deemed to be a purchase money loan except as to the principal amount of a new advance. For purposes of this section, any payment of principal shall be deemed to be applied first to the principal balance of the purchase money loan, and then to the principal balance of a new advance, and interest payments shall be applied to any interest due and owing. This subdivision applies only to credit transactions that are executed on or after January 1, 2013. (c) The fact that no deficiency shall be owed or collected under the circumstances set forth in subdivisions (a) and (b) does not affect the liability that a guarantor, pledgor, or other surety might otherwise have with respect to the deficiency, or that might otherwise be satisfied in whole or in part from other collateral pledged to secure the obligation that is the subject of the deficiency. (d) When both a chattel mortgage and a deed of trust or mortgage have been given to secure payment of the balance of the combined purchase price of both real and personal property, no deficiency judgment shall lie under any one thereof if no deficiency judgment would lie under the deed of trust or mortgage on the real property or estate for years therein. (Amended by Stats. 2014, Ch. 71, Sec. 18. (SB 1304) Effective January 1, 2015.)
  163. 580c

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. )

    Verify source ↗

    In specified judicial foreclosure cases, the mortgagor or trustor can be required to pay only reasonable foreclosure-processing fees and certain actual notice and suit costs.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. ) ## 580c. In all cases where existing deeds of trust or mortgages are judicially foreclosed, unless a different amount is set up in the mortgage or deed of trust, and in all cases of mortgages and deeds of trust executed after this act takes effect, the mortgagor or trustor may be required to pay only such amount as trustee’s or attorney’s fees for processing the judicial foreclosure as the court may find reasonable and also the actual cost of publishing, recording, mailing and posting notices, litigation guarantee, and litigation cost of suit. (Amended by Stats. 1984, Ch. 1730, Sec. 6.)
  164. 580d

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. )

    Verify source ↗

    In specified foreclosure sales, no deficiency may be owed, collected, or reduced to a deficiency judgment, subject to stated exceptions.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. ) ## 580d. (a) Except as provided in subdivision (b), no deficiency shall be owed or collected, and no deficiency judgment shall be rendered for a deficiency on a note secured by a deed of trust or mortgage on real property or an estate for years therein executed in any case in which the real property or estate for years therein has been sold by the mortgagee or trustee under power of sale contained in the mortgage or deed of trust. (b) The fact that no deficiency shall be owed or collected under the circumstances set forth in subdivision (a) does not affect the liability that a guarantor, pledgor, or other surety might otherwise have with respect to the deficiency, or that might otherwise be satisfied in whole or in part from other collateral pledged to secure the obligation that is the subject of the deficiency. (c) This section does not apply to a deed of trust, mortgage, or other lien given to secure the payment of bonds or other evidences of indebtedness authorized or permitted to be issued by the Commissioner of Financial Protection and Innovation or which is made by a public utility subject to the Public Utilities Act (Part 1 (commencing with Section 201) of Division 1 of the Public Utilities Code). (Amended by Stats. 2022, Ch. 452, Sec. 38. (SB 1498) Effective January 1, 2023.)
  165. 580e

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. )

    Verify source ↗

    This section limits deficiency judgments after certain short sales of a dwelling with no more than four units, and it bars extra compensation demands for consent to the sale.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. ) ## 580e. (a) (1) No deficiency shall be owed or collected, and no deficiency judgment shall be requested or rendered for any deficiency upon a note secured solely by a deed of trust or mortgage for a dwelling of not more than four units, in any case in which the trustor or mortgagor sells the dwelling for a sale price less than the remaining amount of the indebtedness outstanding at the time of sale, in accordance with the written consent of the holder of the deed of trust or mortgage, provided that both of the following have occurred: (A) Title has been voluntarily transferred to a buyer by grant deed or by other document of conveyance that has been recorded in the county where all or part of the real property is located. (B) The proceeds of the sale have been tendered to the mortgagee, beneficiary, or the agent of the mortgagee or beneficiary, in accordance with the parties’ agreement. (2) In circumstances not described in paragraph (1), when a note is not secured solely by a deed of trust or mortgage for a dwelling of not more than four units, no judgment shall be rendered for any deficiency upon a note secured by a deed of trust or mortgage for a dwelling of not more than four units, if the trustor or mortgagor sells the dwelling for a sale price less than the remaining amount of the indebtedness outstanding at the time of sale, in accordance with the written consent of the holder of the deed of trust or mortgage. Following the sale, in accordance with the holder’s written consent, the voluntary transfer of title to a buyer by grant deed or by other document of conveyance recorded in the county where all or part of the real property is located, and the tender to the mortgagee, beneficiary, or the agent of the mortgagee or beneficiary of the sale proceeds, as agreed, the rights, remedies, and obligations of any holder, beneficiary, mortgagee, trustor, mortgagor, obligor, obligee, or guarantor of the note, deed of trust, or mortgage, and with respect to any other property that secures the note, shall be treated and determined as if the dwelling had been sold through foreclosure under a power of sale contained in the deed of trust or mortgage for a price equal to the sale proceeds received by the holder, in the manner contemplated by Section 580d. (b) A holder of a note shall not require the trustor, mortgagor, or maker of the note to pay any additional compensation, aside from the proceeds of the sale, in exchange for the written consent to the sale. (c) If the trustor or mortgagor commits either fraud with respect to the sale of, or waste with respect to, the real property that secures the deed of trust or mortgage, this section shall not limit the ability of the holder of the deed of trust or mortgage to seek damages and use existing rights and remedies against the trustor or mortgagor or any third party for fraud or waste. (d) (1) This section shall not apply if the trustor or mortgagor is a corporation, limited liability company, limited partnership, or political subdivision of the state. (2) This section shall not apply to any deed of trust, mortgage, or other lien given to secure the payment of bonds or other evidence of indebtedness authorized, or permitted to be issued, by the Commissioner of Financial Protection and Innovation, or that is made by a public utility subject to the Public Utilities Act (Part 1 (commencing with Section 201) of Division 1 of the Public Utilities Code). (e) Any purported waiver of subdivision (a) or (b) shall be void and against public policy. (Amended by Stats. 2022, Ch. 452, Sec. 39. (SB 1498) Effective January 1, 2023.)
  166. 581.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. )

    Verify source ↗

    This section defines key terms and sets when an action or complaint may be dismissed, and when the court must or may dismiss it.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. ) ## 581. (a) As used in this section: (1) “Action” means any civil action or special proceeding. (2) “Complaint” means a complaint and a cross-complaint. (3) “Court” means the court in which the action is pending. (4) “Defendant” includes a cross-defendant. (5) “Plaintiff” includes a cross-complainant. (6) “Trial.” A trial shall be deemed to actually commence at the beginning of the opening statement or argument of any party or his or her counsel, or if there is no opening statement, then at the time of the administering of the oath or affirmation to the first witness, or the introduction of any evidence. (b) An action may be dismissed in any of the following instances: (1) With or without prejudice, upon written request of the plaintiff to the clerk, filed with papers in the case, or by oral or written request to the court at any time before the actual commencement of trial, upon payment of the costs, if any. (2) With or without prejudice, by any party upon the written consent of all other parties. (3) By the court, without prejudice, when no party appears for trial following 30 days’ notice of time and place of trial. (4) By the court, without prejudice, when dismissal is made pursuant to the applicable provisions of Chapter 1.5 (commencing with Section 583.110). (5) By the court, without prejudice, when either party fails to appear on the trial and the other party appears and asks for dismissal. (c) A plaintiff may dismiss his or her complaint, or any cause of action asserted in it, in its entirety, or as to any defendant or defendants, with or without prejudice prior to the actual commencement of trial. (d) Except as otherwise provided in subdivision (e), the court shall dismiss the complaint, or any cause of action asserted in it, in its entirety or as to any defendant, with prejudice, when upon the trial and before the final submission of the case, the plaintiff abandons it. (e) After the actual commencement of trial, the court shall dismiss the complaint, or any causes of action asserted in it, in its entirety or as to any defendants, with prejudice, if the plaintiff requests a dismissal, unless all affected parties to the trial consent to dismissal without prejudice or by order of the court dismissing the same without prejudice on a showing of good cause. (f) The court may dismiss the complaint as to that defendant when: (1) Except where Section 597 applies, after a demurrer to the complaint is sustained without leave to amend and either party moves for dismissal. (2) Except where Section 597 applies, after a demurrer to the complaint is sustained with leave to amend, the plaintiff fails to amend it within the time allowed by the court and either party moves for dismissal. (3) After a motion to strike the whole of a complaint is granted without leave to amend and either party moves for dismissal. (4) After a motion to strike the whole of a complaint or portion thereof is granted with leave to amend the plaintiff fails to amend it within the time allowed by the court and either party moves for dismissal. (g) The court may dismiss without prejudice the complaint in whole, or as to that defendant, when dismissal is made under the applicable provisions of Chapter 1.5 (commencing with Section 583.110). (h) The court may dismiss without prejudice the complaint in whole, or as to that defendant, when dismissal is made pursuant to Section 418.10. (i) No dismissal of an action may be made or entered, or both, under paragraph (1) of subdivision (b) where affirmative relief has been sought by the cross-complaint of a defendant or if there is a motion pending for an order transferring the action to another court under the provisions of Section 396b. (j) No dismissal may be made or entered, or both, under paragraph (1) or (2) of subdivision (b) except upon the written consent of the attorney for the party or parties applying therefor, or if consent of the attorney is not obtained, upon order of dismissal by the court after notice to the attorney. (k) No action may be dismissed which has been determined to be a class action under the provisions of this code unless and until notice that the court deems adequate has been given and the court orders the dismissal. (l) The court may dismiss, without prejudice, the complaint in whole, or as to that defendant when either party fails to appear at the trial and the other party appears and asks for the dismissal. (m) The provisions of this section shall not be deemed to be an exclusive enumeration of the court’s power to dismiss an action or dismiss a complaint as to a defendant. (Amended by Stats. 1993, Ch. 456, Sec. 9. Effective January 1, 1994.)
  167. 581.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. )

    Verify source ↗

    In certain consumer debt cases, the court may dismiss the action if the defendant debtor appears for trial but the plaintiff debt buyer does not appear or is not ready to proceed and there is no good cause to continue the case.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. ) ## 581.5. In a case involving consumer debt, as defined in Section 1788.2 of the Civil Code, and as regulated under Title 1.6C.5 (commencing with Section 1788.50) of Part 4 of Division 3 of the Civil Code, if the defendant debtor appears for trial on the scheduled trial date, and the plaintiff debt buyer either fails to appear or is not prepared to proceed to trial, and the court does not find a good cause for continuance, the court may, in its discretion, dismiss the action with or without prejudice. Notwithstanding any other law, in this instance, the court may award the defendant debtor’s costs of preparing for trial, including, but not limited to, lost wages and transportation expenses. (Added by Stats. 2013, Ch. 64, Sec. 3. (SB 233) Effective January 1, 2014.)
  168. 581c

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. )

    Verify source ↗

    A defendant may move for nonsuit only after the plaintiff’s opening statement or evidence in a jury trial.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. ) ## 581c. (a) Only after, and not before, the plaintiff has completed his or her opening statement, or after the presentation of his or her evidence in a trial by jury, the defendant, without waiving his or her right to offer evidence in the event the motion is not granted, may move for a judgment of nonsuit. (b) If it appears that the evidence presented, or to be presented, supports the granting of the motion as to some but not all of the issues involved in the action, the court shall grant the motion as to those issues and the action shall proceed as to the issues remaining. Despite the granting of the motion, no final judgment shall be entered prior to the termination of the action, but the final judgment in the action shall, in addition to any matters determined in the trial, award judgment as determined by the motion herein provided for. (c) If the motion is granted, unless the court in its order for judgment otherwise specifies, the judgment of nonsuit operates as an adjudication upon the merits. (d) In actions which arise out of an injury to the person or to property, when a motion for judgment of nonsuit was 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. (Amended by Stats. 1998, Ch. 200, Sec. 1. Effective January 1, 1999.)
  169. 581d

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. )

    Verify source ↗

    Written dismissals must be entered in the clerk’s register, and court-ordered dismissals must be issued as signed written orders filed in the action.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. ) ## 581d. A written dismissal of an action shall be entered in the clerk’s register and is effective for all purposes when so entered. All dismissals ordered by the court shall be in the form of a written order signed by the court and filed in the action and those orders when so filed shall constitute judgments and be effective for all purposes, and the clerk shall note those judgments in the register of actions in the case. (Amended by Stats. 1998, Ch. 931, Sec. 79. Effective September 28, 1998.)
  170. 582.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. )

    Verify source ↗

    In all other cases, judgment must be rendered on the merits.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. ) ## 582. In all other cases judgment shall be rendered on the merits. (Amended by Stats. 1947, Ch. 990.)
  171. 582.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. )

    Verify source ↗

    In certain limited civil cases, a defendant who has appeared must pay a money judgment immediately or on court-set terms, including installments.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1. Judgment in General [577 - 582.5] ( Chapter 1 enacted 1872. ) ## 582.5. In a limited civil case in which the defendant has appeared, if the judgment or order is for the payment of money by the defendant, the defendant shall pay the judgment immediately or at any time and upon terms and conditions, including installment payments, that the court may prescribe. The court may amend the terms and conditions for payment of the judgment or order at any time to provide for installment payments for good cause upon motion by a party and notice to all affected parties, regardless of the nature of the underlying debt and regardless of whether the moving party appeared before entry of the judgment or order. In any determination regarding the imposition of terms and conditions upon the payment of the judgment, the court shall consider any factors that would be relevant to the determination of a claim for exemption pursuant to Chapter 4 (commencing with Section 703.010) of Division 2 of Title 9 of Part 2 or the examination of a debtor pursuant to Article 2 (commencing with Section 708.110) of Chapter 6 of Division 2 of Title 9. (Added by Stats. 1998, Ch. 931, Sec. 80. Effective September 28, 1998.)
  172. 583.110.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 1. Definitions and General Provisions [583.110 - 583.161] ( Article 1 added by Stats. 1984, Ch. 1705, Sec. 5. )

    Verify source ↗

    This section defines several terms used in this chapter, including action, complaint, court, defendant, plaintiff, and service.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 1. Definitions and General Provisions [583.110 - 583.161] ( Article 1 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## 583.110. As used in this chapter, unless the provision or context otherwise requires: (a) “Action” includes an action commenced by cross-complaint or other pleading that asserts a cause of action or claim for relief. (b) “Complaint” includes a cross-complaint or other initial pleading. (c) “Court” means the court in which the action is pending. (d) “Defendant” includes a cross-defendant or other person against whom an action is commenced. (e) “Plaintiff” includes a cross-complainant or other person by whom an action is commenced. (f) “Service” includes return of summons. (Added by Stats. 1984, Ch. 1705, Sec. 5.)
  173. 583.120.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 1. Definitions and General Provisions [583.110 - 583.161] ( Article 1 added by Stats. 1984, Ch. 1705, Sec. 5. )

    Verify source ↗

    This chapter applies to civil actions, and generally does not apply to special proceedings unless incorporated by reference. The court may also apply it to a special proceeding, or part of one, if doing so is not inconsistent with that proceeding’s character or governing statute.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 1. Definitions and General Provisions [583.110 - 583.161] ( Article 1 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## 583.120. (a) This chapter applies to a civil action and does not apply to a special proceeding except to the extent incorporated by reference in the special proceeding. (b) Notwithstanding subdivision (a), the court may, by rule or otherwise under inherent authority of the court, apply this chapter to a special proceeding or part of a special proceeding except to the extent such application would be inconsistent with the character of the special proceeding or the statute governing the special proceeding. (Added by Stats. 1984, Ch. 1705, Sec. 5.)
  174. 583.130.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 1. Definitions and General Provisions [583.110 - 583.161] ( Article 1 added by Stats. 1984, Ch. 1705, Sec. 5. )

    Verify source ↗

    A plaintiff must proceed with reasonable diligence, and all parties must cooperate to bring the action to trial or another disposition.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 1. Definitions and General Provisions [583.110 - 583.161] ( Article 1 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## 583.130. It is the policy of the state that a plaintiff shall proceed with reasonable diligence in the prosecution of an action but that all parties shall cooperate in bringing the action to trial or other disposition. Except as otherwise provided by statute or by rule of court adopted pursuant to statute, the policy favoring the right of parties to make stipulations in their own interests and the policy favoring trial or other disposition of an action on the merits are generally to be preferred over the policy that requires dismissal for failure to proceed with reasonable diligence in the prosecution of an action in construing the provisions of this chapter. (Added by Stats. 1984, Ch. 1705, Sec. 5.)
  175. 583.140.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 1. Definitions and General Provisions [583.110 - 583.161] ( Article 1 added by Stats. 1984, Ch. 1705, Sec. 5. )

    Verify source ↗

    This section says the chapter does not change the principles of waiver or estoppel.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 1. Definitions and General Provisions [583.110 - 583.161] ( Article 1 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## 583.140. Nothing in this chapter abrogates or otherwise affects the principles of waiver and estoppel. (Added by Stats. 1984, Ch. 1705, Sec. 5.)
  176. 583.150.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 1. Definitions and General Provisions [583.110 - 583.161] ( Article 1 added by Stats. 1984, Ch. 1705, Sec. 5. )

    Verify source ↗

    This section says the chapter does not restrict a court’s authority to dismiss an action or impose other sanctions.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 1. Definitions and General Provisions [583.110 - 583.161] ( Article 1 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## 583.150. This chapter does not limit or affect the authority of a court to dismiss an action or impose other sanctions under a rule adopted by the court pursuant to Section 575.1 or by the Judicial Council pursuant to statute, or otherwise under inherent authority of the court. (Added by Stats. 1984, Ch. 1705, Sec. 5.)
  177. 583.160.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 1. Definitions and General Provisions [583.110 - 583.161] ( Article 1 added by Stats. 1984, Ch. 1705, Sec. 5. )

    Verify source ↗

    This section says the chapter applies to motions to dismiss for delay in prosecution, with a special rule for older cases and earlier notices.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 1. Definitions and General Provisions [583.110 - 583.161] ( Article 1 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## 583.160. This chapter applies to a motion for dismissal made in an action commenced before, on, or after the effective date of this chapter, except that in the case of an action commenced before the effective date of this chapter: (a) A motion for dismissal made pursuant to notice given before, on, or within one year after the effective date of this chapter is governed by the applicable law in effect immediately before the effective date and for this purpose the law in effect immediately before the effective date continues in effect. (b) This chapter does not affect an order dismissing an action made before the effective date of this chapter. (Added by Stats. 1984, Ch. 1705, Sec. 5.)
  178. 583.161.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 1. Definitions and General Provisions [583.110 - 583.161] ( Article 1 added by Stats. 1984, Ch. 1705, Sec. 5. )

    Verify source ↗

    A Family Code petition filed under specified sections cannot be dismissed under this chapter if listed support, custody, restraining-order, or bifurcation conditions exist.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 1. Definitions and General Provisions [583.110 - 583.161] ( Article 1 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## 583.161. A petition filed pursuant to Section 299, 2250, 2330, or 7600 of the Family Code shall not be dismissed pursuant to this chapter if any of the following conditions exist: (a) An order for child support or an order regarding child custody or visitation has been issued in connection with the proceeding and the order has not been (1) terminated by the court or (2) terminated by operation of law pursuant to Sections 3022, 3900, 3901, 4007, and 4013 of the Family Code. (b) An order for spousal support has been issued in connection with the proceeding and the order has not been terminated by the court. (c) A personal conduct restraining order has been issued pursuant to the Domestic Violence Prevention Act (Division 10 (commencing with Section 6200) of the Family Code) and the order has not been terminated by operation of law or by the court. (d) An issue in the case has been bifurcated and one of the following has occurred: (1) A separate trial has been conducted pursuant to Section 2337 of the Family Code. (2) A separate trial has been conducted pursuant to the California Rules of Court. (Amended by Stats. 2013, Ch. 40, Sec. 1. (AB 522) Effective January 1, 2014.)
  179. 583.210.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 2. Mandatory Time for Service of Summons [583.210 - 583.250] ( Article 2 added by Stats. 1984, Ch. 1705, Sec. 5. )

    Verify source ↗

    The summons and complaint must be served on the defendant within three years after the action is commenced, and proof of service must be filed within 60 days after service is due.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 2. Mandatory Time for Service of Summons [583.210 - 583.250] ( Article 2 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## 583.210. (a) The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed. (b) Proof of service of the summons shall be filed within 60 days after the time the summons and complaint must be served upon a defendant. (Amended by Stats. 2005, Ch. 300, Sec. 4. Effective January 1, 2006.)
  180. 583.220.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 2. Mandatory Time for Service of Summons [583.210 - 583.250] ( Article 2 added by Stats. 1984, Ch. 1705, Sec. 5. )

    Verify source ↗

    The service-time rule in this article does not apply if the defendant signs a written stipulation or otherwise makes a general appearance.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 2. Mandatory Time for Service of Summons [583.210 - 583.250] ( Article 2 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## 583.220. The time within which service must be made pursuant to this article does not apply if the defendant enters into a stipulation in writing or does another act that constitutes a general appearance in the action. For the purpose of this section none of the following constitutes a general appearance in the action: (a) A stipulation pursuant to Section 583.230 extending the time within which service must be made. (b) A motion to dismiss made pursuant to this chapter, whether joined with a motion to quash service or a motion to set aside a default judgment, or otherwise. (c) An extension of time to plead after a motion to dismiss made pursuant to this chapter. (Added by Stats. 1984, Ch. 1705, Sec. 5.)
  181. 583.230.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 2. Mandatory Time for Service of Summons [583.210 - 583.250] ( Article 2 added by Stats. 1984, Ch. 1705, Sec. 5. )

    Verify source ↗

    The parties may extend the time for serving summons under this article.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 2. Mandatory Time for Service of Summons [583.210 - 583.250] ( Article 2 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## 583.230. The parties may extend the time within which service must be made pursuant to this article by the following means: (a) By written stipulation. The stipulation need not be filed but, if it is not filed, the stipulation shall be brought to the attention of the court if relevant to a motion for dismissal. (b) By oral agreement made in open court, if entered in the minutes of the court or a transcript is made. (Added by Stats. 1984, Ch. 1705, Sec. 5.)
  182. 583.240.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 2. Mandatory Time for Service of Summons [583.210 - 583.250] ( Article 2 added by Stats. 1984, Ch. 1705, Sec. 5. )

    Verify source ↗

    When calculating the service deadline under this article, certain periods must be excluded.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 2. Mandatory Time for Service of Summons [583.210 - 583.250] ( Article 2 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## 583.240. In computing the time within which service must be made pursuant to this article, there shall be excluded the time during which any of the following conditions existed: (a) The defendant was not amenable to the process of the court. (b) The prosecution of the action or proceedings in the action was stayed and the stay affected service. (c) The validity of service was the subject of litigation by the parties. (d) Service, for any other reason, was impossible, impracticable, or futile due to causes beyond the plaintiff’s control. Failure to discover relevant facts or evidence is not a cause beyond the plaintiff’s control for the purpose of this subdivision. (Added by Stats. 1984, Ch. 1705, Sec. 5.)
  183. 583.250.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 2. Mandatory Time for Service of Summons [583.210 - 583.250] ( Article 2 added by Stats. 1984, Ch. 1705, Sec. 5. )

    Verify source ↗

    If service is not made within the required time, the court must dismiss the action after notice to the parties.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 2. Mandatory Time for Service of Summons [583.210 - 583.250] ( Article 2 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## 583.250. (a) If service is not made in an action within the time prescribed in this article: (1) The action shall not be further prosecuted and no further proceedings shall be held in the action. (2) The action shall be dismissed by the court on its own motion or on motion of any person interested in the action, whether named as a party or not, after notice to the parties. (b) The requirements of this article are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute. (Added by Stats. 1984, Ch. 1705, Sec. 5.)
  184. 583.310.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 3. Mandatory Time for Bringing Action to Trial or New Trial [583.310 - 583.360] ( Article 3 added by Stats. 1984, Ch. 1705, Sec. 5. )

    Verify source ↗

    An action must be brought to trial within five years after it is commenced against the defendant.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 3. Mandatory Time for Bringing Action to Trial or New Trial [583.310 - 583.360] ( Article 3 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## 583.310. An action shall be brought to trial within five years after the action is commenced against the defendant. (Added by Stats. 1984, Ch. 1705, Sec. 5.)
  185. 583.320.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 3. Mandatory Time for Bringing Action to Trial or New Trial [583.310 - 583.360] ( Article 3 added by Stats. 1984, Ch. 1705, Sec. 5. )

    Verify source ↗

    If a new trial is granted, the action must be brought to trial again within specified three-year periods, depending on why the new trial was ordered.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 3. Mandatory Time for Bringing Action to Trial or New Trial [583.310 - 583.360] ( Article 3 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## 583.320. (a) If a new trial is granted in the action the action shall again be brought to trial within the following times: (1) If a trial is commenced but no judgment is entered because of a mistrial or because a jury is unable to reach a decision, within three years after the order of the court declaring the mistrial or the disagreement of the jury is entered. (2) If after judgment a new trial is granted and no appeal is taken, within three years after the order granting the new trial is entered. (3) If on appeal an order granting a new trial is affirmed or a judgment is reversed and the action remanded for a new trial, within three years after the remittitur is filed by the clerk of the trial court. (b) Nothing in this section requires that an action again be brought to trial before expiration of the time prescribed in Section 583.310. (Added by Stats. 1984, Ch. 1705, Sec. 5.)
  186. 583.330.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 3. Mandatory Time for Bringing Action to Trial or New Trial [583.310 - 583.360] ( Article 3 added by Stats. 1984, Ch. 1705, Sec. 5. )

    Verify source ↗

    The parties may extend the time to bring an action to trial under this article.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 3. Mandatory Time for Bringing Action to Trial or New Trial [583.310 - 583.360] ( Article 3 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## 583.330. The parties may extend the time within which an action must be brought to trial pursuant to this article by the following means: (a) By written stipulation. The stipulation need not be filed but, if it is not filed, the stipulation shall be brought to the attention of the court if relevant to a motion for dismissal. (b) By oral agreement made in open court, if entered in the minutes of the court or a transcript is made. (Added by Stats. 1984, Ch. 1705, Sec. 5.)
  187. 583.340.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 3. Mandatory Time for Bringing Action to Trial or New Trial [583.310 - 583.360] ( Article 3 added by Stats. 1984, Ch. 1705, Sec. 5. )

    Verify source ↗

    When calculating the time to bring an action to trial, exclude time when the court lacked jurisdiction, the case was stayed or enjoined, or trial was otherwise impossible, impracticable, or futile.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 3. Mandatory Time for Bringing Action to Trial or New Trial [583.310 - 583.360] ( Article 3 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## 583.340. In computing the time within which an action must be brought to trial pursuant to this article, there shall be excluded the time during which any of the following conditions existed: (a) The jurisdiction of the court to try the action was suspended. (b) Prosecution or trial of the action was stayed or enjoined. (c) Bringing the action to trial, for any other reason, was impossible, impracticable, or futile. (Added by Stats. 1984, Ch. 1705, Sec. 5.)
  188. 583.350.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 3. Mandatory Time for Bringing Action to Trial or New Trial [583.310 - 583.360] ( Article 3 added by Stats. 1984, Ch. 1705, Sec. 5. )

    Verify source ↗

    If tolling or an extension leaves less than six months to bring an action to trial, the action is not dismissed under this article if it is brought to trial within six months after the tolling or extension ends.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 3. Mandatory Time for Bringing Action to Trial or New Trial [583.310 - 583.360] ( Article 3 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## 583.350. If the time within which an action must be brought to trial pursuant to this article is tolled or otherwise extended pursuant to statute with the result that at the end of the period of tolling or extension less than six months remains within which the action must be brought to trial, the action shall not be dismissed pursuant to this article if the action is brought to trial within six months after the end of the period of tolling or extension. (Added by Stats. 1984, Ch. 1705, Sec. 5.)
  189. 583.360.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 3. Mandatory Time for Bringing Action to Trial or New Trial [583.310 - 583.360] ( Article 3 added by Stats. 1984, Ch. 1705, Sec. 5. )

    Verify source ↗

    If an action is not brought to trial within the time required by this article, the court must dismiss it after notice to the parties.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 3. Mandatory Time for Bringing Action to Trial or New Trial [583.310 - 583.360] ( Article 3 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## 583.360. (a) An action shall be dismissed by the court on its own motion or on motion of the defendant, after notice to the parties, if the action is not brought to trial within the time prescribed in this article. (b) The requirements of this article are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute. (Added by Stats. 1984, Ch. 1705, Sec. 5.)
  190. 583.410.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 4. Discretionary Dismissal for Delay [583.410 - 583.430] ( Article 4 added by Stats. 1984, Ch. 1705, Sec. 5. )

    Verify source ↗

    A court may dismiss an action for delay in prosecution if it finds dismissal appropriate; dismissals must follow Judicial Council rules.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 4. Discretionary Dismissal for Delay [583.410 - 583.430] ( Article 4 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## 583.410. (a) The court may in its discretion dismiss an action for delay in prosecution pursuant to this article on its own motion or on motion of the defendant if to do so appears to the court appropriate under the circumstances of the case. (b) Dismissal shall be pursuant to the procedure and in accordance with the criteria prescribed by rules adopted by the Judicial Council. (Added by Stats. 1984, Ch. 1705, Sec. 5.)
  191. 583.420.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 4. Discretionary Dismissal for Delay [583.410 - 583.430] ( Article 4 added by Stats. 1984, Ch. 1705, Sec. 5. )

    Verify source ↗

    A court may not dismiss an action for delay in prosecution unless one of the listed timing conditions has occurred.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 4. Discretionary Dismissal for Delay [583.410 - 583.430] ( Article 4 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## 583.420. (a) The court may not dismiss an action pursuant to this article for delay in prosecution except after one of the following conditions has occurred: (1) Service is not made within two years after the action is commenced against the defendant. (2) The action is not brought to trial within the following times: (A) Three years after the action is commenced against the defendant unless otherwise prescribed by rule under subparagraph (B). (B) Two years after the action is commenced against the defendant if the Judicial Council by rule adopted pursuant to Section 583.410 so prescribes for the court because of the condition of the court calendar or for other reasons affecting the conduct of litigation or the administration of justice. (3) A new trial is granted and the action is not again brought to trial within the following times: (A) If a trial is commenced but no judgment is entered because of a mistrial or because a jury is unable to reach a decision, within two years after the order of the court declaring the mistrial or the disagreement of the jury is entered. (B) If after judgment a new trial is granted and no appeal is taken, within two years after the order granting the new trial is entered. (C) If on appeal an order granting a new trial is affirmed or a judgment is reversed and the action remanded for a new trial, within two years after the remittitur is filed by the clerk of the trial court. (b) The times provided in subdivision (a) shall be computed in the manner provided for computation of the comparable times under Articles 2 (commencing with Section 583.210) and 3 (commencing with Section 583.310). (Added by Stats. 1984, Ch. 1705, Sec. 5.)
  192. 583.430.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 4. Discretionary Dismissal for Delay [583.410 - 583.430] ( Article 4 added by Stats. 1984, Ch. 1705, Sec. 5. )

    Verify source ↗

    In a dismissal-for-delay proceeding, the court may require the parties to follow terms it considers proper to achieve substantial justice, and it may issue orders needed to do that.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430] ( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## ARTICLE 4. Discretionary Dismissal for Delay [583.410 - 583.430] ( Article 4 added by Stats. 1984, Ch. 1705, Sec. 5. ) ## 583.430. (a) In a proceeding for dismissal of an action pursuant to this article for delay in prosecution the court in its discretion may require as a condition of granting or denial of dismissal that the parties comply with such terms as appear to the court proper to effectuate substantial justice. (b) The court may make any order necessary to effectuate the authority provided in this section, including, but not limited to, provisional and conditional orders. (Added by Stats. 1984, Ch. 1705, Sec. 5.)
  193. 585.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 2. Judgment Upon Failure to Answer [585 - 587.5] ( Chapter 2 enacted 1872. )

    Verify source ↗

    This section requires specific affidavits and supporting papers when seeking default, lets a defendant move to set aside a default entered without compliance with certain rules, and requires the court to grant relief if timing and venue conditions are met.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 2. Judgment Upon Failure to Answer [585 - 587.5] ( Chapter 2 enacted 1872. ) ## 585.5. (a) Every application to enter default under subdivision (a) of Section 585 shall include, or be accompanied by, an affidavit stating facts showing that the action is or is not subject to Section 1812.10 or 2984.4 of the Civil Code or subdivision (b) of Section 395. (b) When a default or default judgment has been entered without full compliance with Section 1812.10 or 2984.4 of the Civil Code, or subdivision (b) of Section 395, the defendant may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action in the proper court. The notice of motion shall be served and filed within 60 days after the defendant first receives notice of levy under a writ of execution, or notice of any other procedure for enforcing, the default judgment. (c) A notice of motion to set aside a default or default judgment and for leave to defend the action in the proper court shall designate as the time for making the motion a date prescribed by subdivision (b) of Section 1005, and it shall be accompanied by an affidavit showing under oath that the action was not commenced in the proper court according to Section 1812.10 or 2984.4 of the Civil Code or subdivision (b) of Section 395. The party shall serve and file with the notice a copy of the answer, motion, or other pleading proposed to be filed in the action. (d) Upon a finding by the court that the motion was made within the period permitted by subdivision (b) and that the action was not commenced in the proper court, it shall set aside the default or default judgment on such terms as may be just and shall allow such a party to defend the action in the proper court. (e) Unless the plaintiff can show that the plaintiff used reasonable diligence to avoid filing the action in the improper court, upon a finding that the action was commenced in the improper court the court shall award the defendant actual damages and costs, including reasonable attorney’s fees. (Amended by Stats. 1991, Ch. 1090, Sec. 3.)
  194. 586.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 2. Judgment Upon Failure to Answer [585 - 587.5] ( Chapter 2 enacted 1872. )

    Verify source ↗

    If specified motions or pleadings are denied or resolved against the defendant, the defendant must respond within the time allowed, and the case proceeds as if the defendant had failed to answer.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 2. Judgment Upon Failure to Answer [585 - 587.5] ( Chapter 2 enacted 1872. ) ## 586. (a) In the following cases the same proceedings shall be had, and judgment shall be rendered in the same manner, as if the defendant had failed to answer: (1) If the complaint has been amended, and the defendant fails to answer it, as amended, or demur thereto, or file a notice of motion to strike, of the character specified in Section 585, within 30 days after service thereof or within the time allowed by the court. (2) If the demurrer to the complaint is overruled and a motion to strike, of the character specified in Section 585, is denied, or where only one thereof is filed, if the demurrer is overruled or the motion to strike is denied, and the defendant fails to answer the complaint within the time allowed by the court. (3) If a motion to strike, of the character specified in Section 585, is granted in whole or in part, and the defendant fails to answer the unstricken portion of the complaint within the time allowed by the court, no demurrer having been sustained or being then pending. (4) If a motion to quash service of summons or to stay or dismiss the action has been filed, or writ of mandate sought and notice thereof given, as provided in Section 418.10, and upon denial of the motion or writ, the defendant fails to respond to the complaint within the time provided in that section or as otherwise provided by law. (5) If the demurrer to the answer is sustained and the defendant fails to amend the answer within the time allowed by the court. (6) (A) If a motion to transfer pursuant to Section 396b is denied and the defendant fails to respond to the complaint within the time allowed by the court pursuant to subdivision (e) of Section 396b or within the time provided in subparagraph (C). (B) If a motion to transfer pursuant to Section 396b is granted and the defendant fails to respond to the complaint within 30 days of the mailing of notice of the filing and case number by the clerk of the court to which the action or proceeding is transferred or within the time provided in subparagraph (C). (C) If the order granting or denying a motion to transfer pursuant to Section 396a or 396b is the subject of an appeal pursuant to Section 904.2 in which a stay is granted or of a mandate proceeding pursuant to Section 400, the court having jurisdiction over the trial, upon application or on its own motion after the appeal or mandate proceeding becomes final or upon earlier termination of a stay, shall allow the defendant a reasonable time to respond to the complaint. Notice of the order allowing the defendant further time to respond to the complaint shall be promptly served by the party who obtained the order or by the clerk if the order is made on the court’s own motion. (7) If a motion to strike the answer in whole, of the character specified in Section 585, is granted without leave to amend, or if a motion to strike the answer in whole or in part, of the character specified in Section 585, is granted with leave to amend and the defendant fails to amend the answer within the time allowed by the court. (8) If a motion to dismiss pursuant to Section 583.250 is denied and the defendant fails to respond within the time allowed by the court. (b) For the purposes of this section, “respond” means to answer, to demur, or to move to strike. (Amended by Stats. 2007, Ch. 43, Sec. 6. Effective January 1, 2008.)
  195. 587.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 2. Judgment Upon Failure to Answer [585 - 587.5] ( Chapter 2 enacted 1872. )

    Verify source ↗

    A plaintiff seeking default must file an affidavit showing the application was mailed to the defendant or the defendant’s attorney, or state that no address is known.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 2. Judgment Upon Failure to Answer [585 - 587.5] ( Chapter 2 enacted 1872. ) ## 587. An application by a plaintiff for entry of default under subdivision (a), (b), or (c) of Section 585 or Section 586 shall include an affidavit stating that a copy of the application has been mailed to the defendant’s attorney of record or, if none, to the defendant at his or her last known address and the date on which the copy was mailed. If no such address of the defendant is known to the plaintiff or plaintiff’s attorney, the affidavit shall state that fact. No default under subdivision (a), (b), or (c) of Section 585 or Section 586 shall be entered, unless the affidavit is filed. The nonreceipt of the notice shall not invalidate or constitute ground for setting aside any judgment. (Amended by Stats. 1995, Ch. 796, Sec. 12. Effective January 1, 1996.)
  196. 587.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 2. Judgment Upon Failure to Answer [585 - 587.5] ( Chapter 2 enacted 1872. )

    Verify source ↗

    This section defines several terms for the chapter: “complaint” includes a cross-complaint, “defendant” includes a cross-defendant, and “plaintiff” includes a cross-complainant.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 2. Judgment Upon Failure to Answer [585 - 587.5] ( Chapter 2 enacted 1872. ) ## 587.5. As used in this chapter, unless the context otherwise specifically requires, the following terms apply: (a) “Complaint” includes a cross-complaint. (b) “Defendant” includes a cross-defendant. (c) “Plaintiff” includes a cross-complainant. (Added by Stats. 1986, Ch. 540, Sec. 10.)
  197. 588.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. )

    Verify source ↗

    Issues arise in a civil case when one party asserts a fact or legal conclusion and the other party disputes it.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. ) ## 588. Issues arise upon the pleadings when a fact or a conclusion of law is maintained by the one party and is controverted by the other. They are of two kinds: 1. Of law; and, 2. Of fact. (Enacted 1872.)
  198. 589.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. )

    Verify source ↗

    An issue of law arises on a demurrer or on a motion to strike under specified sections.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. ) ## 589. An issue of law arises: (a) Upon a demurrer to the complaint, cross-complaint, or answer, or to some part thereof. (b) Upon a motion to strike made pursuant to Section 435, 436, or 473. (Amended by Stats. 1983, Ch. 1167, Sec. 8.)
  199. 590.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. )

    Verify source ↗

    An issue of fact arises when the complaint’s material allegations are controverted in the answer, or when the answer raises new matters, unless an issue of law is joined.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. ) ## 590. An issue of fact arises: 1. Upon a material allegation in the complaint controverted by the answer; and, 2. Upon new matters in the answer, except an issue of law is joined thereon. (Enacted 1872.)
  200. 591.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. )

    Verify source ↗

    A legal issue must be tried by the court unless the parties consent to refer it elsewhere.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. ) ## 591. An issue of law must be tried by the court, unless it is referred upon consent; provided, however, that failure on the part of any person filing any demurrer to prosecute the same may be construed as a waiver of such demurrer, except as otherwise provided in Section 430.80 of this code. (Amended by Stats. 1982, Ch. 704, Sec. 9.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.