California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 6.5 — Attachment, Chapter 11 — Attaching Plaintiff’s Miscellaneous Remedies, Article 2 — Creditor’s Suit, Section 491.330
(a) Except as provided in subdivision (b), an action shall be commenced pursuant to this article before the expiration of the later of the following times:
(1) The time when the defendant may bring an action against the third person concerning the property or debt.
(2) One year after creation of an attachment lien on the property or debt pursuant to this title if the lien is created at the time when the defendant may bring an action against the third person concerning the property or debt.
(b) An action may not be commenced pursuant to this article if the attachment lien is not in effect.
(c) If an action is commenced pursuant to this article within the time permitted in this section, the action may be prosecuted to judgment so long as the attachment lien or a lien of the plaintiff on the same property pursuant to Title 9 (commencing with Section 680.010) is in effect.
Notes
Sets the filing deadline for an action against a third person as the later of the defendant’s time to sue or one year after an attachment lien is created, when that timing condition applies. No action may begin after the lien ends; a timely action may continue while the attachment lien or plaintiff’s lien remains effective.
Use as reference
Lexinter.net | California Code, Code of Civil Procedure - CCP § 491.330 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-6-5/chapter-11/article-2/section-491-330