California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 6.5 — Attachment, Chapter 5 — Ex Parte Hearing Procedure for Obtaining Writ of Attachment, Article 3 — Procedure for Obtaining Additional Writs, Section 485.540

The court shall examine the application and supporting affidavit and shall order a writ of attachment to be issued upon the filing of an undertaking as provided by Sections 489.210 and 489.220, if it finds all of the following:

(a) A right to attach order has been issued in the action pursuant to Article 2 (commencing with Section 485.210).

(b) The affidavit accompanying the application shows that the property sought to be attached, or the portion thereof to be specified in the writ, is not exempt from attachment.

(c) The plaintiff will suffer great or irreparable injury (within the meaning of Section 485.010) if issuance of the writ of attachment is delayed until the matter can be heard on notice.

Notes

Requires the court to issue a writ of attachment upon the required undertaking when a right-to-attach order has issued, the application affidavit shows the property is not exempt, and the plaintiff would suffer great or irreparable injury if issuance were delayed for a noticed hearing. All three findings are required.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 485.540 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-6-5/chapter-5/article-3/section-485-540

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