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484.050.
The notice of application and hearing shall inform the defendant of all of the following:
(a) A hearing will be held at a place and at a time, to be specified in the notice, on plaintiff’s application for a right to attach order and a writ of attachment.
(b) The order will be issued if the court finds that the plaintiff’s claim is probably valid and the other requirements for issuing the order are established. The hearing is not
for the purpose of determining whether the claim is actually valid. The determination of the actual validity of the claim will be made in subsequent proceedings in the action and will not be affected by the decisions at the hearing on the application for the order.(c) The amount to be secured by the attachment is determined pursuant to Sections 482.110, 483.010, 483.015, and 483.020, which statutes shall be summarized in the notice.
(d) If the right to attach order is issued, a writ of attachment will be issued to attach the property described in the plaintiff’s application unless the court determines that such property is exempt from attachment or that its value clearly exceeds the amount necessary to satisfy the amount to be secured by the attachment. However, additional writs of attachment may be issued to attach other nonexempt property of the defendant on the basis of the
right to attach order.(e) If the defendant desires to oppose the issuance of the order, the defendant shall file with the court and serve on the plaintiff a notice of opposition and supporting affidavit as required by Section 484.060 not later than five court days prior to the date set for hearing.
(f) If the defendant claims that the personal property described in the application, or a portion thereof, is exempt from attachment, the defendant shall include that claim in the notice of opposition filed and served pursuant to Section 484.060 or file and serve a separate claim of exemption with respect to the property as provided in Section 484.070. If the defendant does not do so, the claim of exemption will be barred in the absence of a showing of a change in circumstances occurring after the expiration of the time for claiming exemptions.
(g) The defendant may obtain a determination at the hearing whether real or personal property not described in the application or real property described in the application is exempt from attachment by including the claim in the notice of opposition filed and served pursuant to Section 484.060 or by filing and serving a separate claim of exemption with respect to the property as provided in Section 484.070, but the failure to so claim that the property is exempt from attachment will not preclude the defendant from making a claim of exemption with respect to the property at a later time.
(h) Either the defendant or the defendant’s attorney or both of them may be present at the hearing.
(i) The notice shall contain the following statement: “You may seek the advice of an attorney as to any matter connected with the
plaintiff’s application. The attorney should be consulted promptly so that the attorney may assist you before the time set for hearing.”
To comply with this statute, parties often use Form AT-115, which includes the numerous statements required by section 484.050. Plaintiff did not use Form AT-115 and instead created its own notice. The notices served by Plaintiff include only the date, time, and location of the hearing, and the amount sought to be attached. Plaintiff did not include the mandatory statements set forth in section 484.050(b)-(i). “The Attachment Law statutes are subject to strict construction.” (Epstein v.
9650 BEDFORD DRIVE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS AN BEVERLY HILLS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL.
21STCV14240
Jul 15, 2021
Los Angeles County, CA
To comply with this statute, parties often use Form AT-115, which includes the numerous statements required by section 484.050. Plaintiff did not use Form AT-115 and instead created its own notice. The notices served by Plaintiff include only the date, time, and location of the hearing, and the amount sought to be attached. Plaintiff did not include the mandatory statements set forth in section 484.050(b)-(i). “The Attachment Law statutes are subject to strict construction.” (Epstein v.
(NO CASE NAME AVAILABLE)
21SSTCV14240
Jul 15, 2021
Los Angeles County, CA
The notice of motion fails to provide defendant with adequate notice pursuant to Code of Civil Procedure section 484.050. In addition, an attachment must be based on a contract claim that is either “fixed” or “readily” ascertainable. Here, an attachment is sought for $153,000, but plaintiff has failed to establish that that sum is either fixed or readily ascertainable.
DAWAM V. YEHIA
30-2017-00956706-CU-BC-CJC
Dec 07, 2017
Orange County, CA
Along the same lines, MP fails to comply with the notice requirements of Code of Civil Procedure section 484.050. Although it does not appear any of the required language of section 484.050 was set forth in the notice of motion, the most notable was the failure to indicate the “amount to be secured by attachment.” (Code Civ. Proc., §484.050.)
ABERNETHY VS. WAYNE A HAGENDORF AS TRUSTEE OF THE BUTCH TRUST, AND AS GENERAL PARTNER OF THE LAW OFFICES OF HAGENDORF & ABERNETHY
30-2017-00940100
Feb 09, 2021
Orange County, CA
First, Code of Civil Procedure section 484.050 specifies the required contents that a party in its notice of application for a right to attach order and a writ of attachment. Here, Plaintiff’s Application does not contain the contents specified in Code of Civil Procedure section 484.050, subdivisions (b) through (i).
EAN SERVICES, LLC V. LETTER RIDE, LLC
30-2020-01146389
Oct 20, 2020
Orange County, CA
Apr 30, 2003
Default Judgment
Norwalk Courthouse
Los Angeles County, CA
Other Commercial/Business Tort (General Jurisdiction)
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OOOO San Francisco Superior Courts Information Technology Group Document Scanning Lead Sheet Mar-15-2002 3:18 pm Case Number: CGC-01-401405 Filing Date: Mar-15-2002 3:17 Juke Box: 001 Image: 00379192 ORDER ALCHEMY LABS, INC. et al VS. FROGDESIGN, INC. et al 001000379192 Instructions: Please place this sheet on top of the document to be scanned.to pw Cyrus K. Ipaktchi, Esq. (SBN 178956) General Counsel FROG DESIGN INC. [formerly FROG WERK INC. ] 1327 Chesapeake Terrace Sunnyvale, CA 9…
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