Added by Stats. 1974, Ch. 1516.
issued.
California Code of Civil Procedure — §§ 486.010-486.110
Added by Stats. 1974, Ch. 1516.
issued.
Amended by Stats. 1982, Ch. 1198, Sec. 42.5. Operative July 1, 1983, by Sec. 70 of Ch. 1198.
The court shall examine the application, supporting affidavit, and other papers on record and shall issue a temporary protective order, which shall state the amount sought to be secured by the attachment under the application for the right to attach order, upon the filing of an undertaking as provided by Sections 489.210 and 489.220, if it finds all of the following:
probable validity of the claim upon which the application for the attachment is based.
Added by Stats. 1974, Ch. 1516.
the temporary protective order instead of the writ, and other factors that bear on equity and justice under the circumstances of the particular case.
Added by Stats. 1974, Ch. 1516.
The temporary protective order issued under this chapter shall contain such provisions as the court determines would be in the interest of justice and equity to the parties, taking into account the effects on both the defendant and the plaintiff under the circumstances of the particular case.
Amended by Stats. 2008, Ch. 179, Sec. 35. Effective January 1, 2009.
or is inventory, the temporary protective order shall not prohibit the defendant from transferring the property in the ordinary course of business, but the temporary protective order may impose appropriate restrictions on the disposition of the proceeds from that type of transfer.
Amended by Stats. 1982, Ch. 1198, Sec. 43. Operative July 1, 1983, by Sec. 70 of Ch. 1198.
business prior to the levy of a writ of attachment.
amount on deposit exceeds the sum of the amount sought to be secured by the attachment and the amounts permitted to be paid pursuant to subdivision (b).
Amended by Stats. 1976, Ch. 437.
Except as otherwise provided by Section 486.110, a temporary protective order issued under this chapter binds only the defendant, whether or not any other person knows of or is served with a copy of the temporary protective order.
Amended by Stats. 1982, Ch. 1198, Sec. 44. Operative July 1, 1983, by Sec. 70 of Ch. 1198.
The temporary protective order shall be personally served on the defendant together with the documents referred to in Section 484.040.
Amended by Stats. 1976, Ch. 437.
Except as otherwise provided in this title, the temporary protective order shall expire at the earliest of the following times:
Added by Stats. 1974, Ch. 1516.
Upon ex parte application of the defendant or, if the court so orders, after a noticed hearing, the court may modify or vacate the temporary protective order if it determines that such action would be in the interest of justice and equity to the parties, taking into account the effect on the defendant of the continuance of the original order, the effect on the plaintiff of modifying or vacating the order, and any other factors.
Amended by Stats. 1984, Ch. 538, Sec. 2.5.
date of expiration of the temporary protective order except with respect to property levied upon while the temporary protective order is in effect under a writ of attachment issued upon application of the plaintiff.