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Cal. Civ. Proc. Code § 490.010

Liability for Wrongful Attachment

Known as the The Attachment Law

The act spans §§ 481–493 (195 sections).

Applied in 1 court decision — leading case 499 F. App'x 655 - Universal Trading & Investment v. Petro Kiritchenko (2012)

Most recently applied in 499 F. App'x 655 - Universal Trading & Investment v. Petro Kiritchenko (November 2012)

Amended by Stats. 1982, Ch. 1198, Sec. 53

A wrongful attachment consists of any of the following:

(a) The levy under a writ of attachment or the service of a temporary protective order in an action in which attachment is not authorized, except that it is not a wrongful attachment if both of the following are established:

(1) The levy was not authorized solely because of the prohibition of subdivision (c) of Section 483.010.

(2) The person who sold or leased, or licensed for use, the property, furnished the services, or loaned the money reasonably believed that it would not be used primarily for personal, family, or household purposes.

(b) The levy under a writ of attachment or the service of a temporary protective order in an action in which the plaintiff does not recover judgment.

(c) The levy under writ of attachment obtained pursuant to Article 3 (commencing with Section 484.510) of Chapter 4 or Chapter 5 (commencing with Section 485.010) on property exempt from attachment except where the plaintiff shows that the plaintiff reasonably believed that the property attached was not exempt from attachment.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.