California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 9 — Enforcement of Judgments, Division 4 — Third-party Claims and Related Procedures, Chapter 4 — Hearing on Third-Party Claim, Section 720.380

(a) Notwithstanding any other provision of this title, the court may make an order staying the sale of the property under a writ or enjoining any transfer or other disposition of the property levied upon under a writ until proceedings for the determination of the rights of a third person can be commenced and prosecuted to termination and may require such undertaking as it considers necessary as a condition for making the order.

(b) After the filing of a third-party claim, notwithstanding Sections 720.160 and 720.260, the creditor, the debtor, or the third person may apply to the court for an order staying the sale of the property under a writ or enjoining any transfer or other disposition of the property until proceedings under this article can be commenced and prosecuted to termination. The application shall be made on noticed motion if the court so directs or a court rule otherwise so requires. Otherwise, the application may be made ex parte.

(c) An order made pursuant to this section may be modified or vacated by the court at any time prior to the termination of the proceedings upon such terms as are just.

Notes

Allows the court to stay a writ sale or enjoin transfer of levied property while third-party rights are determined and to require an undertaking. After a third-party claim, the creditor, debtor, or third person may seek such relief by noticed motion when required or otherwise ex parte, and the court may modify or vacate the order before the proceedings end.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 720.380 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-9/division-4/chapter-4/section-720-380

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