Code Civ. Proc., § 486.030 · Chapter 6. Temporary Protective Order
Code Civ. Proc., § 486.030
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) In any case where the plaintiff has applied for a right to attach order and writ of attachment under Chapter 5 (commencing with Section 485.010), the court may in its discretion deny the application for the order and writ and issue instead a temporary protective order under this chapter if it determines that the requirements of Section 485.220 are satisfied but that the issuance of the temporary protective order instead of the right to attach order and writ would be in the interest of justice and equity to the parties, taking into account the effect on the defendant of issuing a writ of attachment ex parte, the effect on the plaintiff of issuing the temporary protective order instead of the writ, and other factors that bear on equity and justice under the circumstances of the particular case.
(b) If the court issues a temporary protective order under this section, the plaintiff’s application for a right to attach order and writ shall be treated as an application for a right to attach order and writ under Article 1 (commencing with Section 484.010) of Chapter 4 and the plaintiff shall comply with the requirements of service provided in Section 484.040.
Notes and commentary — not statutory text
History
Added by Stats. 1974, Ch. 1516.
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=486.030.
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- sha256 66ba56b4d6ff594b2620d58a7b749a2859de59586cd5ae40de12c297cc868d35
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
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.
Code of Civil Procedure
- Code Civ. Proc., pt. 2, tit. 6.5, ch. 4, art. 1Right to Attach Order; Issuance of Writ of AttachmentPrinted as Article 1 (commencing with Section 484.010) of Chapter 4
- Code Civ. Proc., § 484.040Printed as Section 484.040
- Code Civ. Proc., pt. 2, tit. 6.5, ch. 5Ex Parte Hearing Procedure for Obtaining Writ of AttachmentPrinted as Chapter 5 (commencing with Section 485.010)
- Code Civ. Proc., § 485.220Printed as Section 485.220
Cited by 1 provision
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Code of Civil Procedure
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