California Code of Civil Procedure. California

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СКАЧАТЬ Sec. 43. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)

      486.070. Except as otherwise provided by Section 486.110, a temporary protective order issued under this chapter binds only the defendant, whether or not any other person knows of or is served with a copy of the temporary protective order.

      (Amended by Stats. 1976, Ch. 437.)

      486.080. The temporary protective order shall be personally served on the defendant together with the documents referred to in Section 484.040.

      (Amended by Stats. 1982, Ch. 1198, Sec. 44. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)

      486.090. Except as otherwise provided in this title, the temporary protective order shall expire at the earliest of the following times:

      (a) Forty days after the issuance of the order or, if an earlier date is prescribed by the court in the order, on such earlier date.

      (b) As to specific property described in the order, when a levy of attachment upon that property is made by the plaintiff.

      (Amended by Stats. 1976, Ch. 437.)

      486.100. Upon ex parte application of the defendant or, if the court so orders, after a noticed hearing, the court may modify or vacate the temporary protective order if it determines that such action would be in the interest of justice and equity to the parties, taking into account the effect on the defendant of the continuance of the original order, the effect on the plaintiff of modifying or vacating the order, and any other factors.

      (Added by Stats. 1974, Ch. 1516.)

      486.110. (a) The service upon the defendant of a temporary protective order pursuant to Section 486.080 creates a lien upon any property, or the proceeds thereof, which is described in the order, is owned by the defendant at the time of such service, and is subject to attachment pursuant to this title. The lien continues on property subject to the lien, notwithstanding the transfer or encumbrance of the property subject to the lien, unless the person receiving the property, whether real or personal, is a person listed in Section 697.740.

      (b) The lien terminates upon the date of expiration of the temporary protective order except with respect to property levied upon while the temporary protective order is in effect under a writ of attachment issued upon application of the plaintiff.

      (Amended by Stats. 1984, Ch. 538, Sec. 2.5.)

      CHAPTER 7.

      Property Subject to Attachment

      487.010. The following property of the defendant is subject to attachment:

      (a) Where the defendant is a corporation, all corporate property for which a method of levy is provided by Article 2 (commencing with Section 488.300) of Chapter 8.

      (b) Where the defendant is a partnership or other unincorporated association, all partnership or association property for which a method of levy is provided by Article 2 (commencing with Section 488.300) of Chapter 8.

      (c) Where the defendant is a natural person, all of the following property:

      (1) Interests in real property except leasehold estates with unexpired terms of less than one year.

      (2) Accounts receivable, chattel paper, and general intangibles arising out of the conduct by the defendant of a trade, business, or profession, except any such individual claim with a principal balance of less than one hundred fifty dollars ($150).

      (3) Equipment.

      (4) Farm products.

      (5) Inventory.

      (6) Final money judgments arising out of the conduct by the defendant of a trade, business, or profession.

      (7) Money on the premises where a trade, business, or profession is conducted by the defendant and, except for the first one thousand dollars ($1,000), money located elsewhere than on such premises and deposit accounts, but, if the defendant has more than one deposit account or has at least one deposit account and money located elsewhere than on the premises where a trade, business, or profession is conducted by the defendant, the court, upon application of the plaintiff, may order that the writ of attachment be levied so that an aggregate amount of one thousand dollars ($1,000) in the form of such money and in such accounts remains free of levy.

      (8) Negotiable documents of title.

      (9) Instruments.

      (10) Securities.

      (11) Minerals or the like (including oil and gas) to be extracted.

      (d) In the case of a defendant described in subdivision (c), community property of a type described in subdivision (c) is subject to attachment if the community property would be subject to enforcement of the judgment obtained in the action in which the attachment is sought. Unless the provision or context otherwise requires, if community property that is subject to attachment is sought to be attached:

      (1) Any provision of this title that applies to the property of the defendant or to obligations owed to the defendant also applies to the community property interest of the spouse of the defendant and to obligations owed to either spouse that are community property.

      (2) Any provision of this title that applies to property in the possession or under the control of the defendant also applies to community property in the possession or under the control of the spouse of the defendant.

      (Amended by Stats. 1982, Ch. 1198, Sec. 46. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)

      487.020. Except as provided in paragraph (2) of subdivision (a) of Section 3439.07 of the Civil Code, the following property is exempt from attachment:

      (a) All property exempt from enforcement of a money judgment.

      (b) Property which is necessary for the support of a defendant who is a natural person or the family of such defendant supported in whole or in part by the defendant.

      (c) “Earnings” as defined by Section 706.011.

      (d) All property not subject to attachment pursuant to Section 487.010.

      (Amended by Stats. 1986, Ch. 383, Sec. 7.)

      487.025. (a) The recording of a homestead declaration (as defined in Section 704.910) does not limit or affect the right of a plaintiff to attach the declared homestead described in the homestead declaration, whether the homestead declaration is recorded before or after the declared homestead is attached.

      (b) An attachment lien attaches to a homestead (as defined in Section 704.710) in the amount of any surplus over the total of the following:

      (1) All liens and encumbrances on the homestead at the time the attachment lien is created.

      (2) The homestead exemption set forth in Section 704.730.

      (c) Nothing in subdivision (a) or (b) limits the right of the defendant to an exemption under subdivision (b) of Section 487.020.

      (d) Notwithstanding subdivision (b), a homestead (as defined in Section 704.710) is exempt from sale to the extent provided in Section 704.800 when it is sought to be sold to enforce the judgment obtained СКАЧАТЬ