§ 485.010.Generally

Title 6.5. Attachment · Chapter 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment · Article 1. Great or Irreparable Injury Requirement · Last amended 1988 · Last verified July 28, 2026

In one sentenceSection 485.010 bars any ex parte right to attach order or writ unless an affidavit shows the plaintiff would suffer great or irreparable injury from waiting for a noticed hearing, lists five circumstances that satisfy that standard, and layers extra safeguards onto writs issued solely for insolvency, a bulk sale, or a liquor-license escrow.

Full Text of § 485.010

Text sizeJump to: (a) (b) (c)

(a) Except as otherwise provided by statute, no right to attach order or writ of attachment may be issued pursuant to this chapter unless it appears from facts shown by affidavit that great or irreparable injury would result to the plaintiff if issuance of the order were delayed until the matter could be heard on notice.

(b) The requirement of subdivision (a) is satisfied if any of the following are shown:

(1) Under the circumstances of the case, it may be inferred that there is a danger that the property sought to be attached would be concealed, substantially impaired in value, or otherwise made unavailable to levy if issuance of the order were delayed until the matter could be heard on notice.

(2) Under the circumstances of the case, it may be inferred that the defendant has failed to pay the debt underlying the requested attachment and the defendant is insolvent in the sense that the defendant is generally not paying his or her debts as those debts become due, unless the debts are subject to a bona fide dispute. Plaintiff's affidavit filed in support of the ex parte attachment shall state, in addition to the requirements of Section 485.530, the known undisputed debts of the defendant, that the debts are not subject to bona fide dispute, and the basis for plaintiff's determination that the defendant's debts are undisputed.

(3) A bulk sales notice has been recorded and published pursuant to Division 6 (commencing with Section 6101) of the Commercial Code with respect to a bulk transfer by the defendant.

(4) An escrow has been opened pursuant to the provisions of Section 24074 of the Business and Professions Code with respect to the sale by the defendant of a liquor license.

(5) Any other circumstance showing that great or irreparable injury would result to the plaintiff if issuance of the order were delayed until the matter could be heard on notice.

(c) Upon a writ being issued solely on a showing under paragraph (2) of subdivision (b), if the defendant requests the court to review the issuance of the writ, the court shall conduct a hearing within five court days after the plaintiff is served with notice of the defendant's request. A writ issued solely on a showing under paragraph (3) of subdivision (b) shall be limited to the property covered by the bulk sales notice or the proceeds of the sale of such property. In addition to any other service required by this title, such writ shall be served by the levying officer on the transferee or auctioneer identified by the bulk sales notice not more than five days after the levy of such writ. A writ issued solely on a showing under paragraph (4) of subdivision (b) shall be limited to the plaintiff's pro rata share of the proceeds of the sale in escrow.

End

Plain-English Summary

This section is the gateway to Chapter 5's entire ex parte procedure. Subdivision (a) sets the baseline: no right to attach order or writ of attachment can issue under this chapter unless facts shown by affidavit establish that delaying issuance until a noticed hearing could be held would cause the plaintiff great or irreparable injury.

Subdivision (b) lists five ways to satisfy that standard. The circumstances of the case may support an inference that the property sought would be concealed, substantially impaired in value, or otherwise made unavailable to levy if the plaintiff had to wait for notice. Or they may support an inference that the defendant is insolvent — generally not paying debts as they come due — so long as those debts aren't subject to a bona fide dispute, in which case the plaintiff's affidavit must also state the known undisputed debts, that they aren't disputed, and the basis for that determination. A recorded and published bulk-sale notice under the Commercial Code, or an escrow opened for the sale of a liquor license under Business and Professions Code § 24074, can each support the showing too. And subdivision (b)(5) leaves room for any other circumstance demonstrating great or irreparable injury from delay.

Subdivision (c) tailors the consequences to three of those grounds. A writ issued solely on the insolvency showing gives the defendant a right to request review, and the court must hold a hearing within five court days after the plaintiff is served with that request. A writ issued solely on the bulk-sale showing is limited to the property covered by the bulk-sale notice or the proceeds of that sale, and must be served by the levying officer on the transferee or auctioneer within five days of the levy. A writ issued solely on the liquor-license-escrow showing is limited to the plaintiff's pro rata share of the escrowed sale proceeds.

Frequently Asked Questions

What must a plaintiff show to get an ex parte writ instead of using the noticed procedure?

Facts shown by affidavit establishing that great or irreparable injury would result to the plaintiff if issuance were delayed until the matter could be heard on notice, satisfied by one of the showings listed in § 485.010(b).

Does a defendant's insolvency alone justify skipping notice?

It can, if the defendant is generally not paying undisputed debts as they become due, but the plaintiff's affidavit must also state the defendant's known undisputed debts and the basis for treating them as undisputed.

What happens if a writ issues based solely on the defendant's insolvency and the defendant contests it?

The defendant may request review, and the court must hold a hearing within five court days after the plaintiff is served with that request.

Does a recorded bulk-sale notice automatically justify an ex parte writ?

It can support one, but the resulting writ is limited to the property covered by the bulk-sale notice or the proceeds of that sale, and must be served on the transferee or auctioneer within five days of the levy.

Is there a catch-all ground for showing great or irreparable injury?

Yes, § 485.010(b)(5) allows any other circumstance showing that great or irreparable injury would result from delay.

Amendment History

Amended by Stats. 1988, Ch. 727, Sec. 1.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

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