California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 6.5 — Attachment, Chapter 4 — Noticed Hearing Procedure for Obtaining Writ of Attachment, Article 1 — Right to Attach Order; Issuance of Writ of Attachment, Section 484.110
(a) Neither the failure of the defendant to oppose the issuance of a right to attach order under this chapter nor the defendant’s failure to rebut any evidence produced by the plaintiff in connection with proceedings under this chapter shall constitute a waiver of any defense to the plaintiff’s claim in the action or any other action or have any effect on the right of the defendant to produce or exclude evidence at the trial of any such action.
(b) Neither the failure of the plaintiff to oppose the issuance of an order reducing the amount to be secured by the attachment under this chapter nor the plaintiff’s failure to rebut any evidence produced by the defendant in connection with proceedings under this chapter shall constitute a waiver of any defense to the defendant’s claim in the action or any other action or have any effect on the right of the plaintiff to produce or exclude evidence at the trial of any such action.
Notes
Establishes that a defendant’s failure to oppose a right-to-attach order or rebut attachment evidence does not waive defenses or affect trial evidence rights, and gives the plaintiff the same protection when not opposing a reduction in the secured amount or rebutting defense evidence. The rule preserves merits defenses and evidence rights in the current or another action.
Use as reference
Lexinter.net | California Code, Code of Civil Procedure - CCP § 484.110 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-6-5/chapter-4/article-1/section-484-110