California Laws|Section 484.090.

                                                

484.090.  

(a) At the hearing, the court shall consider the showing made by the parties appearing and shall issue a right to attach order, which shall state the amount to be secured by the attachment determined by the court in accordance with Section 483.015 or 483.020, if it finds all of the following:

(1) The claim upon which the attachment is based is one upon which an attachment may be issued.

(2) The plaintiff has
established the probable validity of the claim upon which the attachment is based.

(3) The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based.

(4) The amount to be secured by the attachment is greater than zero.

(b) If, in addition to the findings required by subdivision (a), the court finds that the defendant has failed to prove that all the property sought to be attached is exempt from attachment, it shall order a writ of attachment to be issued upon the filing of an undertaking as provided by Sections 489.210 and 489.220.

(c) If the court determines that property of the defendant is exempt from attachment, in whole or in part, the right to attach order shall describe the exempt property and
prohibit attachment of the property.

(d) The court’s determinations shall be made upon the basis of the pleadings and other papers in the record; but, upon good cause shown, the court may receive and consider at the hearing additional evidence, oral or documentary, and additional points and authorities, or it may continue the hearing for the production of the additional evidence or points and authorities.

(Amended by Stats. 1997, Ch. 222, Sec. 8. Effective January 1, 1998.)

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CCP section 484.090 permits the Court to issue a writ of attachment after finding the following: 1) the Plaintiff's claim is one upon which an attachment may be issued. 2) the plaintiff has established the probable validity of the claim upon which the attachment is based; 3) the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based; and 4) The amount to be secured by the attachment is greater than zero.

  • Name

    KIDCO, INC. VS. MODERN EVERYDAY INC, A CALIFORNIA CORP.

  • Case No.

    EC066229

  • Hearing

    Jun 23, 2017

  • County

    Los Angeles County, CA

A writ of attachment is a statutory remedy governed by CCP Section 484.090. Attachment is a harsh remedy because it causes the defendant to lose control of their property before the plaintiff’s claim is adjudicated. See Martin v. Aboyan (1983) 148 Cal.App.3d 826, 831. Because of this, the statutory requirements are strictly construed. See Kemp Bros. Construction, Inc. v. Titan Electric Corp. (2007) 146 Cal.App.4th 1474, 1476.

  • Name

    AFFINITO VS. AFFINITO

  • Case No.

    MSC17-00286

  • Hearing

    Apr 30, 2018

  • Judge

    Ed Weil

  • County

    Contra Costa County, CA

See Civil Procedure Code section 484.090(a)(2). Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests.

  • Name

    AMELIA VALDEZ VS. ERNESTO AGUIRRE ET AL

  • Case No.

    CGC12524149

  • Hearing

    Jun 19, 2013

See CCP Section 484.090(a); California Retail Portfolio Fund GmbH & Co. v. Hopkins Real Estate Group (2011) 193 Cal.App.4th 849, 856. No writ of attachment may issue without a right to attach order, which is granted hereby. The court finds the substantive prerequisites for an attachment exist and that plaintiff will probably prevail in the action. See CCP Section 484.010; 484.050 and 484.090.

  • Name

    YOHANAN VS. GARZA

  • Case No.

    MSC18-01281

  • Hearing

    Jul 18, 2018

CCP section 484.090 permits the Court to issue a writ of attachment after finding the following: 1) the Plaintiff's claim is one upon which an attachment may be issued. 2) the plaintiff has established the probable validity of the claim upon which the attachment is based; 3) the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based; and 4) The amount to be secured by the attachment is greater than zero.

  • Name

    VIDEO EQUIPMENT RENTALS LLC VS. PRODUCTION ASSOCIATES, LLC

  • Case No.

    EC066868

  • Hearing

    Sep 29, 2017

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31 Files
Filed

Jun 29, 2023

Status

Dismissal

Judge

Hon. JOSEPH M. QUINN Trellis Spinner 👉 Discover key insights by exploring more analytics for JOSEPH M. QUINN

Court

Superior

County

San Francisco County, CA

Category

COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS

Practice Area

Creditor

Matter Type

Collections

Filed

Feb 04, 1998

Status

Non-Jury Verdict

Judge

Hon. Florence-Marie Cooper

Court

Stanley Mosk Courthouse

County

Los Angeles County, CA

Category

Other Compl-not Tort or Complex (General Jurisdiction)

Filed

Apr 21, 1999

Status

Dismissal

Judge

Hon. Mel Red Recana Trellis Spinner 👉 Discover key insights by exploring more analytics for Mel Red Recana

Court

Stanley Mosk Courthouse

County

Los Angeles County, CA

Category

Other Promissory Note/Collections (General Jurisdiction)

Practice Area

Creditor

Matter Type

Collections

18 Files
Filed

Oct 24, 2023

Status

Dismissed

Judge

Hon. Greenberg, Susan Trellis Spinner 👉 Discover key insights by exploring more analytics for Greenberg, Susan

Court

Superior

County

San Mateo County, CA

Practice Area

Creditor

Matter Type

Collections

20 Files
Filed

Oct 05, 2023

Judge

Hon. Anne-Christine Massullo

Court

Superior

County

San Francisco County, CA

Category

COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS

Practice Area

Creditor

Matter Type

Collections

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preview-icon 52 pages

DAVID J. COOK, ESQ. (State Bar # 060859) COOK COLLECTION ATTORNEYS A PROFESSIONAL LAW CORPORATION 165 Fell Street, San Francisco, CA 94102-5106 ELECTRONICALLY P.O. Box 270, San Francisco, CA 94104-0270 Telephone: (415) 989-4730 FILED Superior Court of California, Facsimile: (415) 989-0491 …

County

San Francisco County, CA

Filed Date

Oct 10, 2023

Category

COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS

Judge

Anne-Christine Massullo

preview-icon 51 pages

ELECTRONICALLY F I L E D Superior Court of California, …

County

San Francisco County, CA

Filed Date

May 28, 2021

Category

COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS

Judge Hon. Samuel K. Feng Trellis Spinner 👉 Discover key insights by exploring more analytics for Samuel K. Feng
preview-icon 24 pages

DAVID J. COOK, ESQ. (State Bar # 060859) COOK COLLECTION ATTORNEY: A PROFESSIONAL LAW CORPORATION 165 Fell Street, San Francisco, CA 94102-5106 ELECTRONICALLY P.O. Box 270, San Francisco, CA 94104-0270 FILED Telephone: (415) 989-4730 Superior Court of California, Facsimile: (415) 989-0491 County of …

County

San Francisco County, CA

Filed Date

Sep 05, 2023

Category

COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS

Judge

Anne-Christine Massullo

preview-icon 9 pages

DAVID J. COOK, ESQ. (State Bar # 060859) COOK COLLECTION ATTORNEYS A PROFESSIONAL LAW CORPORATION 165 Fell Street, San Francisco, CA 94102-5106 ELECTRONICALLY P.O. Box 270, San Francisco, CA 94104-0270 FILED Telephone: (415) 989-4730 Superior Court of California, Facsimile: (415) 989-0491 County o…

County

San Francisco County, CA

Filed Date

Sep 05, 2023

Category

COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS

Judge

Anne-Christine Massullo

preview-icon 22 pages

DAVID J. COOK, ESQ. (State Bar # 060859) COOK COLLECTION ATT A PROFESSIONAL LAW CORPORATION 165 Fell Street, San Francisco, CA 94102-5106 ELECTRONICALLY P.O. Box 270, San Francisco, CA 94104-0270 FILED Telephone: (415) 989-4730 Superior Court of California, Facsimile: (415) 989-0491 County of San Fr…

County

San Francisco County, CA

Filed Date

Sep 08, 2023

Category

COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS

Judge

Anne-Christine Massullo

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