487.025.
(a) The recording of a homestead declaration (as defined in Section 704.910) does not limit or affect the right of a plaintiff to attach the declared homestead described in the homestead declaration, whether the homestead declaration is recorded before or after the declared homestead is attached.
(b) An attachment lien attaches to a homestead (as defined in Section 704.710) in the amount of any surplus over the total of the following:
(1) All liens and encumbrances on the homestead at the time the
attachment lien is created.
(2) The homestead exemption set forth in Section 704.730.
(c) Nothing in subdivision (a) or (b) limits the right of the defendant to an exemption under subdivision (b) of Section 487.020.
(d) Notwithstanding subdivision (b), a homestead (as defined in Section 704.710) is exempt from sale to the extent provided in Section 704.800 when it is sought to be sold to enforce the judgment obtained in the action in which the attachment was obtained.
Section 487.025(b) governs pre-judgment writs of attachments. As this statute is interpreted in the Rutter treatise, An individual's principal dwelling ( ¶ 6:1013 ff. ) may be attached, but only to the extent of the surplus as calculated by reference to section 487.025(b). (Rutter, Cal. Prac. Guide, Enforcing Judgments and Debts ¶ 4:107.)
EASTERN INTERNATIONAL BANK VS SAMMY SIMS, ET AL.
21STCV24528
Nov 16, 2021
Los Angeles County, CA
However, Code of Civil Procedure section 487.025, subdivision (a) provides a homestead declaration does not affect a plaintiff's right to attach the homestead regardless of whether the homestead declaration is recorded before or after the declared homestead is attached. Code of Civil Procedure section 487.025, subdivision (b) excludes from the attachment lien the amount of the homestead declaration.
HCP MOP CALIFORNIA, LP, A DELAWARE LIMITED PARTNERSHIP VS STELLA KOLETIC, D.D.S., INC., A CALIFORNIA CORPORATION, ET AL.
21STCV24935
Apr 13, 2022
Los Angeles County, CA
Under CCP section 487.025, a homestead is subject to an attachment up to the surplus over the total of all liens and encumbrances and the homestead exemption, which is $100,000 in Mr. Chen's circumstances (one family member who does not have interest in home). (Code Civ. Proc., §§ 487.025 and 704.730.) Mr. Chen's claim of exemption in the amount of $100,000 for his home is granted.
ONESOURCE DISTRIBUTORS LLC VS GCI SOLAR LLC
37-2017-00030782-CU-CO-CTL
Nov 02, 2017
San Diego County, CA
Contract
Contract - Other
(Reply 8, citing CCP § 487.025(a) and (b).) [1] However, as Plaintiff acknowledges, section 487.025(b) governs pre-judgment writs of attachments and expressly provides that “[a]n attachment lien attaches to a homestead (as defined in Section 704.710 ) in the amount of any surplus over the total of the following....”
BANK HAPOALIM, B.M., AN ISRAELI BANK QUALIFIED TO DO BUSINESS IN THE UNITED STATES VS ABRAHAM STUART RUBIN, ET AL.
20STCV33549
Mar 16, 2021
Los Angeles County, CA
Section 487.025(b) governs pre-judgment writs of attachments. As this statute is interpreted in the Rutter treatise, “An individual's principal dwelling (¶ 6:1013 ff.) may be attached, but only to the extent of the surplus” as calculated by reference to section 487.025(b). (Rutter, Cal. Prac. Guide, Enforcing Judgments and Debts ¶ 4:107.) Plaintiff seeks to attachment real property located at 1945 Livonia Ave., Los Angeles, CA 90034.
CIM/11600 WISHIRE (LOS ANGELES), LP, A DELAWARE LIMITED PARTNERSHIP VS BAC TO HEALTH, A SOLE PROPRIETORSHIP, ET AL.
20STCV30490
Jul 08, 2021
Los Angeles County, CA
Real Property
Landlord Tenant
Section 487.020.
Section 487.030.
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