California § 491.440. 491.440. (Added by Stats. 1982, Ch. 1198, Sec. 57.)

California Statutes

§ 491.440. — 491.440. (Added by Stats. 1982, Ch. 1198, Sec. 57.)

California § 491.440.

JurisdictionCalifornia

Code CCPCode of Civil Procedure - CCP

Title6.5.

Part 2.TITLE 6.5. ATTACHMENT

Ch. 11.CHAPTER 11. Attaching Plaintiff’s Miscellaneous Remedies

Art. 3.ARTICLE 3. Lien in Pending Action or Proceeding

This text of California § 491.440. (491.440. (Added by Stats. 1982, Ch. 1198, Sec. 57.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Code of Civil Procedure - CCP Code § 491.440. (2026).

Text

(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 m

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(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.