California Laws|Section 484.070.

                                                

484.070.  

(a) If the defendant claims that the personal property described in the plaintiff’s application, or a portion of such property, is exempt from attachment, the defendant shall claim the exemption as provided in this section. If the defendant fails to make the claim or makes the claim but fails to prove that the personal property is exempt, the defendant may not later claim the exemption except as provided in Section 482.100.

(b) If the defendant desires to claim at the
hearing that real or personal property not described in the plaintiff’s application or real property described in the plaintiff’s application is exempt from attachment, in whole or in part, the defendant shall claim the exemption as provided in this section. Failure to make the claim does not preclude the defendant from later claiming the exemption. If the claim is made as provided in this section but the defendant fails to prove that the property is exempt from attachment, the defendant may not later claim that the property, or a portion thereof, is exempt except as provided in Section 482.100.

(c) The claim of exemption shall:

(1) Describe the property claimed to be exempt.

(2) Specify the statute section supporting the claim.

(d) The claim of
exemption shall be accompanied by an affidavit supporting any factual issues raised by the claim and points and authorities supporting any legal issues raised.

(e) The claim of exemption, together with any supporting affidavit and points and authorities, shall be filed and served on the plaintiff not less than five court days before the date set for the hearing.

(f) If the plaintiff desires to oppose the claim of exemption, the plaintiff shall file and serve on the defendant, not less than two days before the date set for the hearing, a notice of opposition to the claim of exemption, accompanied by an affidavit supporting any factual issues raised and points and authorities supporting any legal issues raised. If the plaintiff does not file and serve a notice of opposition as provided in this subdivision, no writ of attachment shall be issued as to the property claimed to be
exempt. If all of the property described in the plaintiff’s application is claimed to be exempt and the plaintiff does not file and serve a notice of opposition as provided in this subdivision, no hearing shall be held and no right to attach order or writ of attachment shall be issued and any temporary protective order issued pursuant to Chapter 6 (commencing with Section 486.010) immediately expires.

(g) If the plaintiff files and serves a notice of opposition to the claim as provided in this section, the defendant has the burden of proving that the property is exempt from attachment.

(Amended by Stats. 1998, Ch. 932, Sec. 14. Effective January 1, 1999.)

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(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.

  • Name

    SEALY, INC. VS. PARKER AND MORGAN, LLC

  • Case No.

    EC065736

  • Hearing

    Jan 20, 2017

  • County

    Los Angeles County, CA

  • Type

    Collections

  • Sub Type

    Collections

(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.

  • Name

    MUFG UNION BANK, N.A. VS CAFE CORNER BISTRO, INC., A CALIFORNIA CORPORATION, ET AL.

  • Case No.

    20GDCV00717

  • Hearing

    Jan 22, 2021

  • County

    Los Angeles County, CA

(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.

  • Name

    9650 BEDFORD DRIVE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS AN BEVERLY HILLS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL.

  • Case No.

    21STCV14240

  • Hearing

    Jul 15, 2021

(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.

  • Name

    (NO CASE NAME AVAILABLE)

  • Case No.

    21SSTCV14240

  • Hearing

    Jul 15, 2021

See CCP Section 484.070. Defendant contends that Joshua is entitled to a claim for exemption for one half of the community assets sought for attachment because he is not a party and the claim is a not a community obligation. It is Plaintiff’s burden to oppose any claim of exemption filed by Defendant. See CCP Section 484.070(f); Bank of America v. Salinas Nissan, Inc. (1989) 207 Cal.App.3d 260, 270. Creditors may satisfy tort claims from the community property of spouses.

  • Name

    YOHANAN VS. GARZA

  • Case No.

    MSC18-01281

  • Hearing

    Jul 18, 2018

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Filed

Feb 02, 2007

Status

Dismissal

Court

Stanley Mosk Courthouse

County

Los Angeles County, CA

Category

Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)

Practice Area

Commercial

Matter Type

Breach of Contract

Filed

May 04, 2001

Status

Dismissal

Judge

Hon. Ronald M. Sohigian Trellis Spinner 👉 Discover key insights by exploring more analytics for Ronald M. Sohigian

Court

Stanley Mosk Courthouse

County

Los Angeles County, CA

Category

Othr Breach Contr/Warr-not Fraud (General Jurisdiction)

Practice Area

Commercial

Matter Type

Breach of Contract

27 Files
Filed

Dec 11, 2020

Status

Dismissal

Judge

Hon. Samuel K. Feng Trellis Spinner 👉 Discover key insights by exploring more analytics for Samuel K. Feng

Court

Superior

County

San Francisco County, CA

Category

COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS

Practice Area

Creditor

Matter Type

Collections

3 Files
Filed

Jul 23, 2010

Status

Dismissal

Judge

Hon. Grandsaert, John L. Trellis Spinner 👉 Discover key insights by exploring more analytics for Grandsaert, John L.

Court

San Mateo County

County

San Mateo County, CA

Practice Area

Commercial

Matter Type

Breach of Contract

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