California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 6.5 — Attachment, Chapter 6 — Temporary Protective Order, Section 486.030

(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

Allows the court, when the stated requirements are met, to deny an application for an ex parte right to attach order and writ and issue a temporary protective order instead when justice and equity favor that result. The original application is then treated under the ordinary right-to-attach procedure, with the plaintiff required to complete the specified service.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 486.030 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-6-5/chapter-6/section-486-030

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