State Codes and Statutes

Statutes > California > Ccp > 488.700-488.740

CODE OF CIVIL PROCEDURE
SECTION 488.700-488.740



488.700.  (a) If property has been or is sought to be attached, the
court may appoint a receiver or order the levying officer to take any
action the court orders that is necessary to preserve the value of
the property, including but not limited to selling the property, if
the court determines that the property is perishable or will greatly
deteriorate or greatly depreciate in value or that for some other
reason the interests of the parties will be best served by the order.
An order may be made under this subdivision upon application of the
plaintiff, the defendant, or a person who has filed a third-party
claim pursuant to Division 4 (commencing with Section 720.010) of
Title 9. The application shall be made on noticed motion if the court
so directs or a court rule so requires. Otherwise, the application
may be made ex parte.
   (b) If the levying officer determines that property is extremely
perishable or will greatly deteriorate or greatly depreciate in value
before a court order pursuant to subdivision (a) could be obtained,
the levying officer may take any action necessary to preserve the
value of the property or may sell the property. The levying officer
is not liable for a determination made in good faith under this
subdivision.
   (c) Except as otherwise provided by order of the court, a sale of
the property pursuant to this section shall be made in the manner
provided by Article 6 (commencing with Section 701.510) of Chapter 3
of Division 2 of Title 9 and the proceeds shall be deposited in the
court to abide the judgment in the action. Notwithstanding
subdivisions (b) and (d) of Section 701.530, notice of sale shall be
posted and served at a reasonable time before sale, considering the
character and condition of the property.
   (d) If a receiver is appointed, the court shall fix the daily fee
of the receiver and may order the plaintiff to pay the fees and
expenses of the receiver in advance or may direct that the whole or
any part of the fees and expenses be paid from the proceeds of any
sale of the property. Except as otherwise provided in this section,
the provisions of Chapter 5 (commencing with Section 564) and Chapter
5a (commencing with Section 571) of Title 7 govern the appointment,
qualifications, powers, rights, and duties of a receiver appointed
under this section.



488.710.  (a) As used in this section, "instrument" means a check,
draft, money order, or other order for the withdrawal of money from a
financial institution, the United States, any state, or any public
entity within any state.
   (b) If an instrument is payable to the defendant on demand and
comes into the possession of a levying officer pursuant to this
title, the levying officer shall promptly endorse and present the
instrument for payment.
   (c) The levying officer shall endorse the instrument by writing on
the instrument (1) the name of the defendant, (2) the name and
official title of the levying officer, and (3) the title of the court
and the cause in which the writ was issued. The endorsement is as
valid as if the instrument were endorsed by the defendant. No
financial institution or public entity on which the instrument is
drawn is liable to any person for payment of the instrument to the
levying officer rather than to the defendant by reason of the
endorsement. No levying officer is liable by reason of endorsing,
presenting, and obtaining payment of the instrument. The funds or
credit resulting from the payment of the instrument shall be held by
the levying officer subject to the lien of attachment.
   (d) If it appears from the face of the instrument that it has been
tendered to the defendant in satisfaction of a claim or demand and
that endorsement of the instrument is considered a release and
satisfaction by the defendant of the claim or demand, the levying
officer shall not endorse the instrument unless the defendant has
first endorsed it to the levying officer. If the defendant does not
endorse the instrument to the levying officer, the levying officer
shall hold the instrument for 30 days and is not liable to the
defendant or to any other person for delay in presenting it for
payment. At the end of the 30-day holding period, the levying officer
shall return the instrument to the maker.



488.720.  (a) The defendant may apply by noticed motion to the court
in which the action is pending or in which the judgment in the
action was entered for an order releasing the attachment of property
to the extent that the value of the defendant's interest in the
property clearly exceeds the amount necessary to satisfy the amount
to be secured by the attachment.
   (b) The notice of motion shall state the grounds on which the
motion is based and shall be accompanied by an affidavit supporting
any factual issues raised and points and authorities supporting any
legal issues raised.
   (c) At the hearing on the motion, the court shall determine the
value of the defendant's interest in the property and order the
release of the attachment of the property to the extent that the
value of the defendant's interest in the property attached clearly
exceeds the amount necessary to satisfy the amount to be secured by
the attachment. After entry of judgment in the action in which the
property was attached, the court shall also take into consideration
in determining whether the attachment is clearly excessive the value
of any property not attached in the action that (1) has been levied
upon pursuant to a writ of execution issued to satisfy the judgment
in the action or (2) otherwise has been sought to be applied to the
satisfaction of the judgment in the action.
   (d) The court's determinations shall be made upon the basis of the
pleadings and other papers in the record; but, upon good cause
shown, the court may receive and consider at the hearing additional
evidence, oral or documentary, and additional points and authorities,
or it may continue the hearing for the production of the additional
evidence or points and authorities.



488.730.  (a) The levying officer shall release attached property
when the levying officer receives a written direction to release the
property from the plaintiff's attorney of record or, if the plaintiff
does not have an attorney of record, from the plaintiff or when the
levying officer receives a certified copy of a court order for
release or when otherwise required to release the property. The
release extinguishes any attachment lien in favor of the plaintiff on
the property released.
   (b) If the property to be released has been taken into custody
under the levy, it shall be released to the person from whom it was
taken unless otherwise ordered by the court. If the person does not
claim the property to be released, the levying officer shall retain
custody of the property and shall serve on the person a notice of
where possession of the property may be obtained. If the person does
not claim the property within 30 days after the notice is served, the
levying officer shall sell the property (other than cash which does
not have a value exceeding its face value) in the manner provided by
Article 6 (commencing with Section 701.510) of Chapter 3 of Division
2 of Title 9. The levying officer shall deposit the proceeds of sale
and cash, after first deducting the levying officer's costs, with the
county treasurer of the county where the property is located payable
to the order of the person. If the amount deposited is not claimed
by the person or the legal representative of the person within five
years after the deposit is made, by making application to the
treasurer or other official designated by the county, it shall be
paid into the general fund of the county.
   (c) If the property to be released has not been taken into custody
under the levy, the levying officer shall release the attachment by
issuing a written notice of release and serving it on the person who
was served with a copy of the writ and a notice of attachment to
create the lien.
   (d) If the property to be released was levied upon by recording or
filing a copy of the writ and a notice of attachment, the levying
officer shall record or file a written notice of release in the same
office. If the notice of attachment had been filed with the Secretary
of State, any release shall have the effect prescribed in Section
697.650.
   (e) The levying officer is not liable for releasing an attachment
in accordance with this section and no other person is liable for
acting in conformity with the release.



488.740.  If the defendant recovers judgment against the plaintiff
and no timely motion for vacation of judgment or for judgment
notwithstanding the verdict or for a new trial is filed and served
and is pending and no appeal is perfected and undertaking executed
and filed as provided in Section 921, any undertaking received from
the defendant in the action, all the proceeds of sales and money
collected by the levying officer, and all the property attached
remaining in the levying officer's hands shall be delivered to the
person from whom it was collected or taken, unless otherwise ordered
by the court; and the court shall order the discharge of any
attachment made in the action and the release of any property held
thereunder.


State Codes and Statutes

Statutes > California > Ccp > 488.700-488.740

CODE OF CIVIL PROCEDURE
SECTION 488.700-488.740



488.700.  (a) If property has been or is sought to be attached, the
court may appoint a receiver or order the levying officer to take any
action the court orders that is necessary to preserve the value of
the property, including but not limited to selling the property, if
the court determines that the property is perishable or will greatly
deteriorate or greatly depreciate in value or that for some other
reason the interests of the parties will be best served by the order.
An order may be made under this subdivision upon application of the
plaintiff, the defendant, or a person who has filed a third-party
claim pursuant to Division 4 (commencing with Section 720.010) of
Title 9. The application shall be made on noticed motion if the court
so directs or a court rule so requires. Otherwise, the application
may be made ex parte.
   (b) If the levying officer determines that property is extremely
perishable or will greatly deteriorate or greatly depreciate in value
before a court order pursuant to subdivision (a) could be obtained,
the levying officer may take any action necessary to preserve the
value of the property or may sell the property. The levying officer
is not liable for a determination made in good faith under this
subdivision.
   (c) Except as otherwise provided by order of the court, a sale of
the property pursuant to this section shall be made in the manner
provided by Article 6 (commencing with Section 701.510) of Chapter 3
of Division 2 of Title 9 and the proceeds shall be deposited in the
court to abide the judgment in the action. Notwithstanding
subdivisions (b) and (d) of Section 701.530, notice of sale shall be
posted and served at a reasonable time before sale, considering the
character and condition of the property.
   (d) If a receiver is appointed, the court shall fix the daily fee
of the receiver and may order the plaintiff to pay the fees and
expenses of the receiver in advance or may direct that the whole or
any part of the fees and expenses be paid from the proceeds of any
sale of the property. Except as otherwise provided in this section,
the provisions of Chapter 5 (commencing with Section 564) and Chapter
5a (commencing with Section 571) of Title 7 govern the appointment,
qualifications, powers, rights, and duties of a receiver appointed
under this section.



488.710.  (a) As used in this section, "instrument" means a check,
draft, money order, or other order for the withdrawal of money from a
financial institution, the United States, any state, or any public
entity within any state.
   (b) If an instrument is payable to the defendant on demand and
comes into the possession of a levying officer pursuant to this
title, the levying officer shall promptly endorse and present the
instrument for payment.
   (c) The levying officer shall endorse the instrument by writing on
the instrument (1) the name of the defendant, (2) the name and
official title of the levying officer, and (3) the title of the court
and the cause in which the writ was issued. The endorsement is as
valid as if the instrument were endorsed by the defendant. No
financial institution or public entity on which the instrument is
drawn is liable to any person for payment of the instrument to the
levying officer rather than to the defendant by reason of the
endorsement. No levying officer is liable by reason of endorsing,
presenting, and obtaining payment of the instrument. The funds or
credit resulting from the payment of the instrument shall be held by
the levying officer subject to the lien of attachment.
   (d) If it appears from the face of the instrument that it has been
tendered to the defendant in satisfaction of a claim or demand and
that endorsement of the instrument is considered a release and
satisfaction by the defendant of the claim or demand, the levying
officer shall not endorse the instrument unless the defendant has
first endorsed it to the levying officer. If the defendant does not
endorse the instrument to the levying officer, the levying officer
shall hold the instrument for 30 days and is not liable to the
defendant or to any other person for delay in presenting it for
payment. At the end of the 30-day holding period, the levying officer
shall return the instrument to the maker.



488.720.  (a) The defendant may apply by noticed motion to the court
in which the action is pending or in which the judgment in the
action was entered for an order releasing the attachment of property
to the extent that the value of the defendant's interest in the
property clearly exceeds the amount necessary to satisfy the amount
to be secured by the attachment.
   (b) The notice of motion shall state the grounds on which the
motion is based and shall be accompanied by an affidavit supporting
any factual issues raised and points and authorities supporting any
legal issues raised.
   (c) At the hearing on the motion, the court shall determine the
value of the defendant's interest in the property and order the
release of the attachment of the property to the extent that the
value of the defendant's interest in the property attached clearly
exceeds the amount necessary to satisfy the amount to be secured by
the attachment. After entry of judgment in the action in which the
property was attached, the court shall also take into consideration
in determining whether the attachment is clearly excessive the value
of any property not attached in the action that (1) has been levied
upon pursuant to a writ of execution issued to satisfy the judgment
in the action or (2) otherwise has been sought to be applied to the
satisfaction of the judgment in the action.
   (d) The court's determinations shall be made upon the basis of the
pleadings and other papers in the record; but, upon good cause
shown, the court may receive and consider at the hearing additional
evidence, oral or documentary, and additional points and authorities,
or it may continue the hearing for the production of the additional
evidence or points and authorities.



488.730.  (a) The levying officer shall release attached property
when the levying officer receives a written direction to release the
property from the plaintiff's attorney of record or, if the plaintiff
does not have an attorney of record, from the plaintiff or when the
levying officer receives a certified copy of a court order for
release or when otherwise required to release the property. The
release extinguishes any attachment lien in favor of the plaintiff on
the property released.
   (b) If the property to be released has been taken into custody
under the levy, it shall be released to the person from whom it was
taken unless otherwise ordered by the court. If the person does not
claim the property to be released, the levying officer shall retain
custody of the property and shall serve on the person a notice of
where possession of the property may be obtained. If the person does
not claim the property within 30 days after the notice is served, the
levying officer shall sell the property (other than cash which does
not have a value exceeding its face value) in the manner provided by
Article 6 (commencing with Section 701.510) of Chapter 3 of Division
2 of Title 9. The levying officer shall deposit the proceeds of sale
and cash, after first deducting the levying officer's costs, with the
county treasurer of the county where the property is located payable
to the order of the person. If the amount deposited is not claimed
by the person or the legal representative of the person within five
years after the deposit is made, by making application to the
treasurer or other official designated by the county, it shall be
paid into the general fund of the county.
   (c) If the property to be released has not been taken into custody
under the levy, the levying officer shall release the attachment by
issuing a written notice of release and serving it on the person who
was served with a copy of the writ and a notice of attachment to
create the lien.
   (d) If the property to be released was levied upon by recording or
filing a copy of the writ and a notice of attachment, the levying
officer shall record or file a written notice of release in the same
office. If the notice of attachment had been filed with the Secretary
of State, any release shall have the effect prescribed in Section
697.650.
   (e) The levying officer is not liable for releasing an attachment
in accordance with this section and no other person is liable for
acting in conformity with the release.



488.740.  If the defendant recovers judgment against the plaintiff
and no timely motion for vacation of judgment or for judgment
notwithstanding the verdict or for a new trial is filed and served
and is pending and no appeal is perfected and undertaking executed
and filed as provided in Section 921, any undertaking received from
the defendant in the action, all the proceeds of sales and money
collected by the levying officer, and all the property attached
remaining in the levying officer's hands shall be delivered to the
person from whom it was collected or taken, unless otherwise ordered
by the court; and the court shall order the discharge of any
attachment made in the action and the release of any property held
thereunder.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Ccp > 488.700-488.740

CODE OF CIVIL PROCEDURE
SECTION 488.700-488.740



488.700.  (a) If property has been or is sought to be attached, the
court may appoint a receiver or order the levying officer to take any
action the court orders that is necessary to preserve the value of
the property, including but not limited to selling the property, if
the court determines that the property is perishable or will greatly
deteriorate or greatly depreciate in value or that for some other
reason the interests of the parties will be best served by the order.
An order may be made under this subdivision upon application of the
plaintiff, the defendant, or a person who has filed a third-party
claim pursuant to Division 4 (commencing with Section 720.010) of
Title 9. The application shall be made on noticed motion if the court
so directs or a court rule so requires. Otherwise, the application
may be made ex parte.
   (b) If the levying officer determines that property is extremely
perishable or will greatly deteriorate or greatly depreciate in value
before a court order pursuant to subdivision (a) could be obtained,
the levying officer may take any action necessary to preserve the
value of the property or may sell the property. The levying officer
is not liable for a determination made in good faith under this
subdivision.
   (c) Except as otherwise provided by order of the court, a sale of
the property pursuant to this section shall be made in the manner
provided by Article 6 (commencing with Section 701.510) of Chapter 3
of Division 2 of Title 9 and the proceeds shall be deposited in the
court to abide the judgment in the action. Notwithstanding
subdivisions (b) and (d) of Section 701.530, notice of sale shall be
posted and served at a reasonable time before sale, considering the
character and condition of the property.
   (d) If a receiver is appointed, the court shall fix the daily fee
of the receiver and may order the plaintiff to pay the fees and
expenses of the receiver in advance or may direct that the whole or
any part of the fees and expenses be paid from the proceeds of any
sale of the property. Except as otherwise provided in this section,
the provisions of Chapter 5 (commencing with Section 564) and Chapter
5a (commencing with Section 571) of Title 7 govern the appointment,
qualifications, powers, rights, and duties of a receiver appointed
under this section.



488.710.  (a) As used in this section, "instrument" means a check,
draft, money order, or other order for the withdrawal of money from a
financial institution, the United States, any state, or any public
entity within any state.
   (b) If an instrument is payable to the defendant on demand and
comes into the possession of a levying officer pursuant to this
title, the levying officer shall promptly endorse and present the
instrument for payment.
   (c) The levying officer shall endorse the instrument by writing on
the instrument (1) the name of the defendant, (2) the name and
official title of the levying officer, and (3) the title of the court
and the cause in which the writ was issued. The endorsement is as
valid as if the instrument were endorsed by the defendant. No
financial institution or public entity on which the instrument is
drawn is liable to any person for payment of the instrument to the
levying officer rather than to the defendant by reason of the
endorsement. No levying officer is liable by reason of endorsing,
presenting, and obtaining payment of the instrument. The funds or
credit resulting from the payment of the instrument shall be held by
the levying officer subject to the lien of attachment.
   (d) If it appears from the face of the instrument that it has been
tendered to the defendant in satisfaction of a claim or demand and
that endorsement of the instrument is considered a release and
satisfaction by the defendant of the claim or demand, the levying
officer shall not endorse the instrument unless the defendant has
first endorsed it to the levying officer. If the defendant does not
endorse the instrument to the levying officer, the levying officer
shall hold the instrument for 30 days and is not liable to the
defendant or to any other person for delay in presenting it for
payment. At the end of the 30-day holding period, the levying officer
shall return the instrument to the maker.



488.720.  (a) The defendant may apply by noticed motion to the court
in which the action is pending or in which the judgment in the
action was entered for an order releasing the attachment of property
to the extent that the value of the defendant's interest in the
property clearly exceeds the amount necessary to satisfy the amount
to be secured by the attachment.
   (b) The notice of motion shall state the grounds on which the
motion is based and shall be accompanied by an affidavit supporting
any factual issues raised and points and authorities supporting any
legal issues raised.
   (c) At the hearing on the motion, the court shall determine the
value of the defendant's interest in the property and order the
release of the attachment of the property to the extent that the
value of the defendant's interest in the property attached clearly
exceeds the amount necessary to satisfy the amount to be secured by
the attachment. After entry of judgment in the action in which the
property was attached, the court shall also take into consideration
in determining whether the attachment is clearly excessive the value
of any property not attached in the action that (1) has been levied
upon pursuant to a writ of execution issued to satisfy the judgment
in the action or (2) otherwise has been sought to be applied to the
satisfaction of the judgment in the action.
   (d) The court's determinations shall be made upon the basis of the
pleadings and other papers in the record; but, upon good cause
shown, the court may receive and consider at the hearing additional
evidence, oral or documentary, and additional points and authorities,
or it may continue the hearing for the production of the additional
evidence or points and authorities.



488.730.  (a) The levying officer shall release attached property
when the levying officer receives a written direction to release the
property from the plaintiff's attorney of record or, if the plaintiff
does not have an attorney of record, from the plaintiff or when the
levying officer receives a certified copy of a court order for
release or when otherwise required to release the property. The
release extinguishes any attachment lien in favor of the plaintiff on
the property released.
   (b) If the property to be released has been taken into custody
under the levy, it shall be released to the person from whom it was
taken unless otherwise ordered by the court. If the person does not
claim the property to be released, the levying officer shall retain
custody of the property and shall serve on the person a notice of
where possession of the property may be obtained. If the person does
not claim the property within 30 days after the notice is served, the
levying officer shall sell the property (other than cash which does
not have a value exceeding its face value) in the manner provided by
Article 6 (commencing with Section 701.510) of Chapter 3 of Division
2 of Title 9. The levying officer shall deposit the proceeds of sale
and cash, after first deducting the levying officer's costs, with the
county treasurer of the county where the property is located payable
to the order of the person. If the amount deposited is not claimed
by the person or the legal representative of the person within five
years after the deposit is made, by making application to the
treasurer or other official designated by the county, it shall be
paid into the general fund of the county.
   (c) If the property to be released has not been taken into custody
under the levy, the levying officer shall release the attachment by
issuing a written notice of release and serving it on the person who
was served with a copy of the writ and a notice of attachment to
create the lien.
   (d) If the property to be released was levied upon by recording or
filing a copy of the writ and a notice of attachment, the levying
officer shall record or file a written notice of release in the same
office. If the notice of attachment had been filed with the Secretary
of State, any release shall have the effect prescribed in Section
697.650.
   (e) The levying officer is not liable for releasing an attachment
in accordance with this section and no other person is liable for
acting in conformity with the release.



488.740.  If the defendant recovers judgment against the plaintiff
and no timely motion for vacation of judgment or for judgment
notwithstanding the verdict or for a new trial is filed and served
and is pending and no appeal is perfected and undertaking executed
and filed as provided in Section 921, any undertaking received from
the defendant in the action, all the proceeds of sales and money
collected by the levying officer, and all the property attached
remaining in the levying officer's hands shall be delivered to the
person from whom it was collected or taken, unless otherwise ordered
by the court; and the court shall order the discharge of any
attachment made in the action and the release of any property held
thereunder.