Code Civ. Proc., § 485.010 · Article 1. Great or Irreparable Injury Requirement
Code Civ. Proc., § 485.010
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Except as otherwise provided by statute, no right to attach order or writ of attachment may be issued pursuant to this chapter unless it appears from facts shown by affidavit that great or irreparable injury would result to the plaintiff if issuance of the order were delayed until the matter could be heard on notice.
(b) The requirement of subdivision (a) is satisfied if any of the following are shown:
(1) Under the circumstances of the case, it may be inferred that there is a danger that the property sought to be attached would be concealed, substantially impaired in value, or otherwise made unavailable to levy if issuance of the order were delayed until the matter could be heard on notice.
(2) Under the circumstances of the case, it may be inferred that the defendant has failed to pay the debt underlying the requested attachment and the defendant is insolvent in the sense that the defendant is generally not paying his or her debts as those debts become due, unless the debts are subject to a bona fide dispute. Plaintiff’s affidavit filed in support of the ex parte attachment shall state, in addition to the requirements of Section 485.530, the known undisputed debts of the defendant, that the debts are not subject to bona fide dispute, and the basis for plaintiff’s determination that the defendant’s debts are undisputed.
(3) A bulk sales notice has been recorded and published pursuant to Division 6 (commencing with Section 6101) of the Commercial Code with respect to a bulk transfer by the defendant.
(4) An escrow has been opened pursuant to the provisions of Section 24074 of the Business and Professions Code with respect to the sale by the defendant of a liquor license.
(5) Any other circumstance showing that great or irreparable injury would result to the plaintiff if issuance of the order were delayed until the matter could be heard on notice.
(c) Upon a writ being issued solely on a showing under paragraph (2) of subdivision (b), if the defendant requests the court to review the issuance of the writ, the court shall conduct a hearing within five court days after the plaintiff is served with notice of the defendant’s request. A writ issued solely on a showing under paragraph (3) of subdivision (b) shall be limited to the property covered by the bulk sales notice or the proceeds of the sale of such property. In addition to any other service required by this title, such writ shall be served by the levying officer on the transferee or auctioneer identified by the bulk sales notice not more than five days after the levy of such writ. A writ issued solely on a showing under paragraph (4) of subdivision (b) shall be limited to the plaintiff’s pro rata share of the proceeds of the sale in escrow.
Notes and commentary — not statutory text
History
Amended by Stats. 1988, Ch. 727, Sec. 1.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=485.010.
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Business and Professions Code
Code of Civil Procedure
Cited by 35 provisions
Provisions in this library whose text cites Code Civ. Proc., § 485.010. Each shows the citation as that text prints it.
Code of Civil Procedure
- Code Civ. Proc., § 485.210Printed as Section 485.010
- Code Civ. Proc., § 485.220Printed as Section 485.010
- Code Civ. Proc., § 485.240Printed as Section 485.010
- Code Civ. Proc., § 485.520Printed as Section 485.010
- Code Civ. Proc., § 485.530Printed as Section 485.010
- Code Civ. Proc., § 485.540Printed as Section 485.010
- Code Civ. Proc., § 486.010Printed as Section 485.010
- Code Civ. Proc., § 486.020Printed as Section 485.010
Food and Agricultural Code
- Food & Agr. Code, § 55112Printed as Section 485.010 of the Code of Civil Procedure
- Food & Agr. Code, § 71132Printed as Section 485.010 of the Code of Civil Procedure
- Food & Agr. Code, § 74792Printed as Section 485.010 of the Code of Civil Procedure
- Food & Agr. Code, § 75643Printed as Section 485.010 of the Code of Civil Procedure
- Food & Agr. Code, § 76363Printed as Section 485.010 of the Code of Civil Procedure
- Food & Agr. Code, § 77173Printed as Section 485.010 of the Code of Civil Procedure
- Food & Agr. Code, § 77353Printed as Section 485.010 of the Code of Civil Procedure
- Food & Agr. Code, § 77863Printed as Section 485.010 of the Code of Civil Procedure
- Food & Agr. Code, § 77997Printed as Section 485.010 of the Code of Civil Procedure
- Food & Agr. Code, § 78297Printed as Section 485.010 of the Code of Civil Procedure
- Food & Agr. Code, § 78712Printed as Section 485.010 of the Code of Civil Procedure
- Food & Agr. Code, § 78943Printed as Section 485.010 of the Code of Civil Procedure
- Food & Agr. Code, § 79129Printed as Section 485.010 of the Code of Civil Procedure
- Food & Agr. Code, § 79189.5Printed as Section 485.010 of the Code of Civil Procedure
- Food & Agr. Code, § 79514Printed as Section 485.010 of the Code of Civil Procedure
- Food & Agr. Code, § 79693Printed as Section 485.010 of the Code of Civil Procedure
Harbors and Navigation Code
Health and Safety Code
Revenue and Taxation Code
- Rev. & Tax. Code, § 6713Printed as Section 485.010 of the Code of Civil Procedure
- Rev. & Tax. Code, § 7864Printed as Section 485.010 of the Code of Civil Procedure
- Rev. & Tax. Code, § 8972Printed as Section 485.010 of the Code of Civil Procedure
- Rev. & Tax. Code, § 11473Printed as Section 485.010 of the Code of Civil Procedure
- Rev. & Tax. Code, § 12680Printed as Section 485.010 of the Code of Civil Procedure
- Rev. & Tax. Code, § 19373Printed as Section 485.010 of the Code of Civil Procedure
- Rev. & Tax. Code, § 30302Printed as Section 485.010 of the Code of Civil Procedure
- Rev. & Tax. Code, § 32352Printed as Section 485.010 of the Code of Civil Procedure
- Rev. & Tax. Code, § 60422Printed as Section 485.010 of the Code of Civil Procedure
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.