California Code of Civil Procedure. California

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      481.210. “Security” means a “security” as defined by Section 8102 of the Commercial Code.

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

      481.220. “Security agreement” means a “security agreement” as defined by paragraph (74) of subdivision (a) of Section 9102 of the Commercial Code.

      (Amended by Stats. 2013, Ch. 531, Sec. 3. Effective January 1, 2014. Operative July 1, 2014, by Sec. 28 of Ch. 531.)

      481.223. “Security interest” means “security interest” as defined in Section 1201 of the Commercial Code.

      (Added by Stats. 1982, Ch. 1198, Sec. 20. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)

      481.225. “Tangible personal property” includes chattel paper, documents of title, instruments, securities, and money.

      (Added by Stats. 1982, Ch. 1198, Sec. 21. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)

      CHAPTER 2.

      General Provisions

      482.010. This title shall be known and may be cited as “The Attachment Law.”

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

      482.020. Nothing in this title precludes the granting of relief pursuant to Chapter 3 (commencing with Section 525) of Title 7.

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

      482.030. (a) The Judicial Council may provide by rule for the practice and procedure in proceedings under this title.

      (b) The Judicial Council shall prescribe the form of the applications, notices, orders, and other documents required by this title.

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

      482.040. The facts stated in each affidavit filed pursuant to this title shall be set forth with particularity. Except where matters are specifically permitted by this title to be shown by information and belief, each affidavit shall show affirmatively that the affiant, if sworn as a witness, can testify competently to the facts stated therein. As to matters shown by information and belief, the affidavit shall state the facts on which the affiant’s belief is based, showing the nature of his information and the reliability of his informant. The affiant may be any person, whether or not a party to the action, who has knowledge of the facts. A verified complaint that satisfies the requirements of this section may be used in lieu of or in addition to an affidavit.

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

      482.050. (a) If the plaintiff so requests in writing at the time he files his complaint, the clerk of the court with whom the complaint is filed shall not make available to the public the records and documents in such action before either (1) 30 days after the filing of the complaint or (2) the filing pursuant to this title of the return of service of the notice of hearing and any temporary protective order, or of the writ of attachment if issued without notice, whichever event occurs first.

      (b) Notwithstanding subdivision (a), the clerk of the court shall make the entire file in the action available for inspection at any time to any party named in the complaint or to his attorney.

      (c) The request by plaintiff that the fact of filing of a complaint or application for relief not be made public may take the form of a notation to that effect, made by rubber stamp or other suitable means, at the top of the first page of the complaint filed with the clerk.

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

      482.060. (a) Except as otherwise provided in subdivision (b), the judicial duties to be performed under this title are subordinate judicial duties within the meaning of Section 22 of Article VI of the California Constitution and may be performed by appointed officers such as court commissioners.

      (b) The judicial duties to be performed in the determination of the following matters are not subordinate judicial duties:

      (1) A contested claim of exemption.

      (2) A contested motion for determination of the liability and damages for wrongful attachment.

      (3) A contested third-party claim.

      (4) A contested proceeding to enforce a third person’s liability.

      (c) Nothing in subdivision (b) limits the power of a court to appoint a temporary judge pursuant to Section 21 of Article VI of the California Constitution.

      (Amended by Stats. 1982, Ch. 1198, Sec. 23. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)

      482.070. (a) (1) Except as otherwise provided in this title, legal process required or permitted to be served under this title may be served personally or by mail.

      (2) For purposes of this title, the term “legal process” shall refer to each and all of the writs, notices, orders, or other papers required or permitted to be served pursuant to this title.

      (b) Except as otherwise provided in this section, service of legal process under this title is governed by Article 1 (commencing with Section 684.010) and Article 2 (commencing with Section 684.110) of Chapter 4 of Division 1 of Title 9, including the provisions of Section 684.120 extending time when service is made by mail.

      (c) For the purpose of subdivision (b), in Article 1 (commencing with Section 684.010) and Article 2 (commencing with Section 684.110) of Chapter 4 of Division 1 of Title 9:

      (1) References to the “judgment debtor” shall be deemed references to the defendant.

      (2) References to the “judgment creditor” shall be deemed references to the plaintiff.

      (3) References to a “writ” shall be deemed references to a writ of attachment.

      (4) References to a “notice of levy” shall be deemed references to a notice of attachment.

      (d) If the defendant has not appeared in the action and legal process is required to be personally served on the defendant under this title, service shall be made in the same manner as a summons is served under Chapter 4 (commencing with Section 413.10) of Title 5.

      (e) Except for service of a subpoena or other process to require the attendance of the defendant or service of a paper to bring the defendant into contempt, if the defendant has an attorney of record in the action, service shall be made on the attorney rather than on the defendant.

      (f) Proof of service under this title is governed by Article 3 (commencing with Section 684.210) of Chapter 4 of Division 1 of Title 9.

      (Amended by Stats. 2012, Ch. 484, Sec. 1. Effective January 1, 2013.)

      482.080. (a) If a writ of attachment is issued, the court may also issue an order directing the defendant to transfer to the levying officer either or both of the following:

      (1) Possession of the property to be attached if the property is sought to be attached by taking it into custody.

      (2) Possession of documentary evidence of title to property of or a debt owed to the defendant that is sought to be attached. An order pursuant to this paragraph may be served when the СКАЧАТЬ