California Law (Last Updated: March 4, 2014) |
Code of Civil Procedure - CCP |
Part 2. OF CIVIL ACTIONS |
Title 6.5. ATTACHMENT |
Chapter 4. Noticed Hearing Procedure for Obtaining Writ of Attachment |
ARTICLE 1. Right to Attach Order; Issuance of Writ of Attachment |
Section 484.060.
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(a) If the defendant desires to oppose the issuance of the right to attach order sought by plaintiff or objects to the amount sought to be secured by the attachment, the defendant shall file and serve upon the plaintiff no later than five court days prior to the date set for the hearing a notice of opposition. The notice shall state the grounds on which the defendant opposes the issuance of the order or objects to the amount sought to be secured by the attachment and shall be accompanied by an affidavit supporting any factual issues raised and points and authorities supporting any legal issues raised. If the defendant fails to file a notice of opposition within the time prescribed, the defendant shall not be permitted to oppose the issuance of the order.
(b) If a defendant filing a notice of opposition desires to make any claim of exemption as provided in Section 484.070, the defendant may include that claim in the notice of opposition filed pursuant to this section.
(c) The plaintiff may file and serve upon the opposing party a reply two court days prior to the date set for the hearing.