§ 485.210. — 485.210. (Added by Stats. 1974, Ch. 1516.)

California § 485.210.

• Jurisdiction: California
• Code CCP: Code of Civil Procedure - CCP
• Title: 6.5.
• Part 2.: TITLE 6.5. ATTACHMENT
• Ch. 5.: CHAPTER 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment
• Art. 2.: ARTICLE 2. Order Determining Right to Attach; Issuance of Writ of Attachment

Text

(a)
Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article for a right to attach order and a writ of attachment by filing an application for the order and writ with the court in which the action is brought.
(b)
The application shall satisfy the requirements of Section 484.020 and, in addition, shall include a statement showing that the requirement of Section 485.010 is satisfied.
(c)
The application shall be supported by an affidavit showing all of the following:
(1)
The plaintiff on the facts presented would be entitled to a judgment on the claim upon which the attachment is based.
(2)
The plaintiff would suffer great or irreparable injury (within the meaning of Section 485.010) if issuance of the order were delayed until the matter could be heard on notice.
(3)
The property sought to be attached is not exempt from attachment.
(d)
An affidavit in support of the showing required by paragraph (3) of subdivision (c) may be based on the affiant’s information and belief.

Legislative History

Added by Stats. 1974, Ch. 1516.