California Laws|Section 483.010.

                                                

483.010.  

(a) Except as otherwise provided by statute, an attachment may be issued only in an action on a claim or claims for money, each of which is based upon a contract, express or implied, where the total amount of the claim or claims is a fixed or readily ascertainable amount not less than five hundred dollars ($500) exclusive of costs, interest, and attorney’s fees.

(b) An attachment may not be issued on a claim which is secured by any interest in real property arising from
agreement, statute, or other rule of law (including any mortgage or deed of trust of realty and any statutory, common law, or equitable lien on real property, but excluding any security interest in fixtures subject to Division 9 (commencing with Section 9101) of the Commercial Code). However, an attachment may be issued where the claim was originally so secured but, without any act of the plaintiff or the person to whom the security was given, the security has become valueless or has decreased in value to less than the amount then owing on the claim, in which event the amount to be secured by the attachment shall not exceed the lesser of the amount of the decrease or the difference between the value of the security and the amount then owing on the claim.

(c) If the action is against a defendant who is a natural person, an attachment may be issued only on a claim which arises out of the conduct by the defendant of a trade, business, or
profession. An attachment may not be issued on a claim against a defendant who is a natural person if the claim is based on the sale or lease of property, a license to use property, the furnishing of services, or the loan of money where the property sold or leased, or licensed for use, the services furnished, or the money loaned was used by the defendant primarily for personal, family, or household purposes.

(d) An attachment may be issued pursuant to this section whether or not other forms of relief are demanded.

(Amended (as amended by Stats. 1995, Ch. 591, Sec. 1) by Stats. 1997, Ch. 222, Sec. 1. Effective January 1, 1998.)

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The parties should be prepared to address at the hearing: (1) whether Plaintiff’s claim or claims in the action are subject to attachment, pursuant to Code of Civil Procedure section 483.010, subdivision (a); (2) whether the Plaintiffs seek an attachment on a claim which arises out of the conduct by the Defendants of a trade, business, or profession, under code of Civil Procedure section 483.010, subdivision (c); and (3) whether total amount of Plaintiff’s claim or claims is a fixed or readily ascertainable

  • Name

    SUZUKI MOTOR OF AMERICA, INC. V. MULLION, ET AL.

  • Case No.

    30-2017-00950188-CU-FR-CJC

  • Hearing

    Dec 22, 2017

As required by Code of Civil Procedure section 483.010, the application sufficiently shows that the claim is not secured by real property and the claim is for a minimum of $500. However, Defendant disputes certain other requirements of Code of Civil Procedure section 483.010. The Court rejects both arguments as follows.

  • Name

    JORDAN FARAH, ET AL. VS DEL MAR GROUP, LLC

  • Case No.

    21VECV00151

  • Hearing

    Apr 09, 2021

  • County

    Los Angeles County, CA

  • Type

    Collections

  • Sub Type

    Promisory Note

Plaintiff also provided evidence that Defendant’s debt “arose out of the conduct by the defendant of a trade, business or profession” as required by subsection (c) of Code of Civil Procedure section 483.010. (See Supplemental Decl. of B. Ramirez, ¶¶ 7-10, Exhs. 1-2; see also P. Veiguela Decl., ¶¶ 4-7, Exh. 1.)

  • Name

    BANK OF AMERICA, N.A. VS. MEHR

  • Case No.

    30-2017-00918885-CU-BC-CJC

  • Hearing

    Aug 22, 2017

Based upon the court’s review of plaintiff’s application, the declaration of Jason Bishop in support of the application, and the verified complaint filed in this action, the court finds pursuant to Code of Civil Procedure section 483.010 that plaintiff has established the probable validity of the claim upon which the attachment is based, and that attachment is not sought for an improper purpose.

  • Name

    STRATEGIC FUNDING SOURCE VS. BETTER AT HOME CARE-SR. LV. AST.

  • Case No.

    M-CV-0070279

  • Hearing

    Aug 21, 2018

Under section 483.010, subdivision (c), “If the action is against a defendant who is a natural person, an attachment may be issued only on a claim which arises out of the conduct by the defendant of a trade, business, or profession.” (Code Civ. Proc., § 483.010, subd. (c).) “The moving party has the burden of establishing grounds for an attachment order. [Citations.]

  • Name

    PEOPLE’S CAPITAL AND LEASING CORP. V. SINGH

  • Case No.

    17CECG04412

  • Hearing

    Feb 27, 2018

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Filed

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Status

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Judge

Hon. FRANK J. JOHNSON Trellis Spinner 👉 Discover key insights by exploring more analytics for FRANK J. JOHNSON

Court

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County

Los Angeles County, CA

Category

Collections Case - Seller Plaintiff (General Jurisdiction)

Practice Area

Creditor

Matter Type

Collections

Filed

Aug 09, 2008

Status

Judgment (Other)

Judge

Hon. Richard L. Fruin Trellis Spinner 👉 Discover key insights by exploring more analytics for Richard L. Fruin

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County

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Category

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Practice Area

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Matter Type

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Sep 18, 2003

Status

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Judge

Hon. Espinoza, Peter Trellis Spinner 👉 Discover key insights by exploring more analytics for Espinoza, Peter

Court

Norwalk Courthouse

County

Los Angeles County, CA

Category

Collections Case-Seller Plaintiff (General Jurisdiction)

Practice Area

Creditor

Matter Type

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6 Files
Filed

Jan 10, 2018

Status

Closed

Court

San Bernardino

County

San Bernardino County, CA

Category

Breach of Contract/Warranty Unlimited

Practice Area

Commercial

Matter Type

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Filed

Jan 04, 2006

Status

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Judge

Hon. Robert L. Hess Trellis Spinner 👉 Discover key insights by exploring more analytics for Robert L. Hess

Court

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County

Los Angeles County, CA

Category

Collections Case - Seller Plaintiff (General Jurisdiction)

Practice Area

Creditor

Matter Type

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Alan G. Tippie (CA Bar No. 89587) alanti ie mlaw.c0m Asa S. Hami (CA Bar No. 210728) asahami mlaw.com F I LE D SUPERIOR COURT 0F CALIFQRMA Steve Bumell (CA Bar No. 286557) COUNTY 0F SAN BERNAamNo sieve. bul‘nell@gmlaw. com GREENSPOON MARDER LLP…

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Electronically FILED by Superior Court of California, County of Los Angeles on 10/04/2022 06:30 PM Sherri R. Carter, Executive Officer/Clerk of Court, by S. Bolden,Deputy Clerk ATTORNEY OR PARTY WITHOUT ATTORNEY INerne end Adflnsslf TELEPHONE NOJ FOR COURT USE ONLY David H. Bate {SBN 133123) {310) 348-2907 Bate & Bate LLP …

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Alan G. Tippie (CA Bar No. 89587) ELECTRONICALLY FILED (Auto) alan.tippie@2mlaw.com SUPERIOR COURT OF CALIFOR Asa S. Hami (CA Bar N0. 210728) COUNTY OF SAN BERNARDINO asahami@gmlaw.com 10/19/2023 12:12 PM (CA Bar N0. 286557) Steve Burnell steveburnelléflgmlawcom 4…

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