Code Section Group

Code of Civil Procedure - CCP

PART 2. OF CIVIL ACTIONS [307 - 1062.20]

  ( Part 2 enacted 1872. )

TITLE 6.5. ATTACHMENT [481.010 - 493.060]

  ( Title 6.5 added by Stats. 1974, Ch. 1516. )

CHAPTER 9. Undertakings [489.010 - 489.420]

  ( Chapter 9 added by Stats. 1974, Ch. 1516. )

ARTICLE 2. Undertakings to Obtain Writ of Attachment or Protective Order [489.210 - 489.230]
  ( Article 2 added by Stats. 1974, Ch. 1516. )

489.210.
  

Before issuance of a writ of attachment, a temporary protective order, or an order under subdivision (b) of Section 491.415, the plaintiff shall file an undertaking to pay the defendant any amount the defendant may recover for any wrongful attachment by the plaintiff in the action.

(Amended by Stats. 1984, Ch. 538, Sec. 7.)

489.220.
  

(a) Except as provided in subdivision (b), the amount of an undertaking filed pursuant to this article shall be ten thousand dollars ($10,000).

(b) If, upon objection to the undertaking, the court determines that the probable recovery for wrongful attachment exceeds the amount of the undertaking, it shall order the amount of the undertaking increased to the amount it determines to be the probable recovery for wrongful attachment if it is ultimately determined that the attachment was wrongful.

(Amended by Stats. 2001, Ch. 812, Sec. 3. Effective January 1, 2002.)

489.230.
  

(a) The notice of attachment shall include a statement, in a form adopted by the Judicial Council, advising the defendant that the undertaking has been filed and informing the defendant of the right to object to the undertaking.

(b) The form for the temporary protective order shall include a statement comparable to the one required by subdivision (a).

(Amended by Stats. 1982, Ch. 517, Sec. 114.)

CCPCode of Civil Procedure - CCP2.