Code Civ. Proc., § 492.050 · Chapter 12. Nonresident Attachment
Code Civ. Proc., § 492.050
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Any defendant whose property has been attached pursuant to a writ issued under this chapter may apply for an order that the right to attach order be set aside, the writ of attachment quashed, and any property levied upon pursuant to the writ released. Such application shall be made by filing with the court and serving on the plaintiff a notice of motion.
(b) The notice of motion shall state the grounds on which the motion is based and shall be accompanied by an affidavit supporting any factual issues raised and points and authorities supporting any legal issues raised.
(c) If the defendant has filed a general appearance in the action, the right to attach order shall be set aside unless the plaintiff shows that his right to attach is authorized by a provision other than Section 492.010.
(d) At the hearing on the motion, the court shall determine whether the plaintiff is entitled to a right to attach order. If the court finds that the plaintiff is not entitled to a right to attach order, it shall order the right to attach order set aside, the writ of attachment quashed, and any property levied upon pursuant to the writ released. If the court finds that the plaintiff is entitled to a right to attach order, the attachment shall continue in effect except as provided in Section 492.040 and, thereafter, the plaintiff may apply for additional writs pursuant to Article 2 (commencing with Section 484.310) or Article 3 (commencing with Section 484.510) of Chapter 4.
(e) The court’s determination shall be made upon the basis of the pleadings and other papers in the record; but, upon good cause shown, the court may receive and consider at the hearing additional evidence, oral or documentary, and additional points and authorities, or it may continue the hearing for the production of such additional evidence or points and authorities.
(f) The hearing provided for in this section shall take precedence over all other civil matters on the calendar of that day except older matters of the same character.
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=492.050.
- Text hash
- sha256 3753999aca5dab3184687b320c970d8072c668805bb15e31a5deec1c0c0826a9
- Composed by
- 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. 2Noticed Hearing Procedure for Obtaining Additional WritsPrinted as Article 2 (commencing with Section 484.310)
- Code Civ. Proc., pt. 2, tit. 6.5, ch. 4, art. 3Ex Parte Procedure for Obtaining Additional WritsPrinted as Article 3 (commencing with Section 484.510) of Chapter 4
- Code Civ. Proc., § 492.010Printed as Section 492.010
- Code Civ. Proc., § 492.040Printed as Section 492.040
Cited by 1 provision
Provisions in this library whose text cites Code Civ. Proc., § 492.050. Each shows the citation as that text prints it.
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.