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484.070. Â
(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)Â 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)Â Describe the property claimed to be exempt.
(2)Â Specify the statute section supporting the claim.
(d)Â 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)Â 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)Â 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.
(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.
SEALY, INC. VS. PARKER AND MORGAN, LLC
EC065736
Jan 20, 2017
Los Angeles County, CA
Collections
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.
MUFG UNION BANK, N.A. VS CAFE CORNER BISTRO, INC., A CALIFORNIA CORPORATION, ET AL.
20GDCV00717
Jan 22, 2021
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.
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
(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.
(NO CASE NAME AVAILABLE)
21SSTCV14240
Jul 15, 2021
Los Angeles County, CA
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.
YOHANAN VS. GARZA
MSC18-01281
Jul 18, 2018
Contra Costa County, CA
Feb 02, 2007
Dismissal
Stanley Mosk Courthouse
Los Angeles County, CA
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
Commercial
Breach of Contract
May 04, 2001
Dismissal
Stanley Mosk Courthouse
Los Angeles County, CA
Othr Breach Contr/Warr-not Fraud (General Jurisdiction)
Commercial
Breach of Contract
Dec 11, 2020
Dismissal
Superior
San Francisco County, CA
COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS
Creditor
Collections
Jul 23, 2010
Dismissal
San Mateo County
San Mateo County, CA
1 DAVID J. COOK, ESQ. (State Bar# 060859) COOK COLLECTION ATTORNEYS 2 A PROFESSIONAL LAW CORPORATION 165 Fell Street, San Francisco, CA 94102 ELECTRONICALLY 3 P.O. Box 270, San Francisco, CA 94104-0270 Telephone: (415) 989-4730 …
Dec 11, 2020
San Francisco County, CA
May 28, 2021
COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS
20CV373765 Santa Clara — Civil I R. Nguyen Electronically Filed DANIEL J. MULLER, SBN 193396 by Superior Court of CA, dmuller@venturahersey.com County of Santa Clara, …
Santa Clara County, CA
May 10, 2021
Breach of Contract/Warranty Unlimited(06)
GAROFOLO & RAMSDELL, LLP Joseph A. Garofolo (State Bar No. 214614) Craig P. Ramsdell (State Bar No. 303942) 3443 Golden Gate Way, Suite H Lafayette, CA 94549 Tel: 415-981-8500 Fax: 415-981-8870 E-mail: jgarofolo@garofololaw.com E-mail: cramsdell@garofololaw.com Attorneys for Plaintiff Michael Engmann ELECTRONICALLY FILED Superior Court of California, County of San Francisco 11/01/2018 Clerk of the Court BY: ERNALYN BURA Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF…
Oct 10, 2018
San Francisco County, CA
Nov 01, 2018
CONTRACT/WARRANTY
1 CHRISTOPHER D. SULLIVAN (148083) csullivan@diamondmccarthy.com 2 DIAMOND MCCARTHY LLP ELECTRONICALLY 3 150 California Street, Suite 2200 F I L E D Sup…
Feb 13, 2020
San Francisco County, CA
Mar 16, 2020
CONTRACT/WARRANTY
28 HOPKINS & CARLEY ATTORNEYS AT LAW SAN JOSE #PALO ALTO BURBANK Richard O. McDonald (State Bar No. 099942) Jeffrey E. Essner (State Bar No. 121438) Matthew P. James (State Bar No. 211860) Mary Elizabeth Cirone (State Bar No. 257951) HOPKINS & CARLEY A Law Corporation The Letitia Building 70 S First Street San Jose, CA 95113-2406 mailing address: P.O. Box 1469 San Jose, CA 95109-1469 Telephone: (408) 286-9800 Facsimile: (408) 998-4790 Attorneys for Plaintiff, Defendant and Cross- Def…
Apr 06, 2009
San Francisco County, CA
Mar 01, 2017
CONTRACT/WARRANTY
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