California Code of Civil Procedure - California

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savings and loan association or credit union, or like organization, and includes a corporation engaged in a safe deposit business.

      (Added by Stats. 1982, Ch. 1198, Sec. 9. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)

      481.115. “General intangibles” means “general intangibles,” as defined in paragraph (42) of subdivision (a) of Section 9102 of the Commercial Code, consisting of rights to payment.

      (Amended by Stats. 1999, Ch. 991, Sec. 13. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)

      481.117. “Instrument” means “instrument” as defined in paragraph (47) of subdivision (a) of Section 9102 of the Commercial Code.

      (Amended by Stats. 1999, Ch. 991, Sec. 13.1. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)

      481.120. “Inventory” means tangible personal property in the possession of a defendant that (a) is held by the defendant for sale or lease or to be furnished under contracts of service or (b) is raw materials, work in process, or materials used or consumed in his trade, business, or profession. Inventory of a person is not to be classified as his equipment.

      (Added by Stats. 1974, Ch. 1516.)

      481.140. “Levying officer” means the sheriff or marshal who is directed to execute a writ or order issued under this title.

      (Amended by Stats. 1996, Ch. 872, Sec. 12. Effective January 1, 1997.)

      481.170. “Person” includes a natural person, a corporation, a partnership or other unincorporated association, a limited liability company, and a public entity.

      (Amended by Stats. 1994, Ch. 1010, Sec. 58. Effective January 1, 1995.)

      481.175. “Personal property” includes both tangible and intangible personal property.

      (Added by Stats. 1982, Ch. 1198, Sec. 15. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)

      481.180. “Plaintiff” means a person who files a complaint or cross-complaint.

      (Added by Stats. 1974, Ch. 1516.)

      481.190. A claim has “probable validity” where it is more likely than not that the plaintiff will obtain a judgment against the defendant on that claim.

      (Added by Stats. 1974, Ch. 1516.)

      481.195. “Property” includes real and personal property and any interest therein.

      (Added by Stats. 1982, Ch. 1198, Sec. 16. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)

      481.200. “Public entity” includes the state, the Regents of the University of California, a county, a city, district, public authority, public agency, and any other political subdivision or public corporation in the state.

      (Added by Stats. 1974, Ch. 1516.)

      481.203. “Real property” includes any right in real property, including, but not limited to, a leasehold interest in real property.

      (Added by Stats. 1982, Ch. 1198, Sec. 17. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)

      481.205. “Registered process server” means a person registered as a process server pursuant to Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code.

      (Added by Stats. 1982, Ch. 1198, Sec. 18. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)

      481.207. “Secured party” means “secured party” as defined in paragraph (73) of subdivision (a) of Section 9102 of the Commercial Code.

      (Amended by Stats. 2013, Ch. 531, Sec. 2. Effective January 1, 2014. Operative July 1, 2014, by Sec. 28 of Ch. 531.)

      481.210. “Security” means a “security” as defined by Section 8102 of the Commercial Code.

      (Added by Stats. 1974, Ch. 1516.)

      481.220. “Security agreement” means a “security agreement” as defined by paragraph (74) of subdivision (a) of Section 9102 of the Commercial Code.

      (Amended by Stats. 2013, Ch. 531, Sec. 3. Effective January 1, 2014. Operative July 1, 2014, by Sec. 28 of Ch. 531.)

      481.223. “Security interest” means “security interest” as defined in Section 1201 of the Commercial Code.

      (Added by Stats. 1982, Ch. 1198, Sec. 20. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)

      481.225. “Tangible personal property” includes chattel paper, documents of title, instruments, securities, and money.

      (Added by Stats. 1982, Ch. 1198, Sec. 21. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)

      CHAPTER 2.

      General Provisions

      482.010. This title shall be known and may be cited as “The Attachment Law.”

      (Added by Stats. 1974, Ch. 1516.)

      482.020. Nothing in this title precludes the granting of relief pursuant to Chapter 3 (commencing with Section 525) of Title 7.

      (Added by Stats. 1974, Ch. 1516.)

      482.030. (a) The Judicial Council may provide by rule for the practice and procedure in proceedings under this title.

      (b) The Judicial Council shall prescribe the form of the applications, notices, orders, and other documents required by this title.

      (Added by Stats. 1974, Ch. 1516.)

      482.040. The facts stated in each affidavit filed pursuant to this title shall be set forth with particularity. Except where matters are specifically permitted by this title to be shown by information and belief, each affidavit shall show affirmatively that the affiant, if sworn as a witness, can testify competently to the facts stated therein. As to matters shown by information and belief, the affidavit shall state the facts on which the affiant’s belief is based, showing the nature of his information and the reliability of his informant. The affiant may be any person, whether or not a party to the action, who has knowledge of the facts. A verified complaint that satisfies the requirements of this section may be used in lieu of or in addition to an affidavit.

      (Added by Stats. 1974, Ch. 1516.)

      482.050. (a) If the plaintiff so requests in writing at the time he files his complaint, the clerk of the court with whom the complaint is filed shall not make available to the public the records and documents in such action before either (1) 30 days after the filing of the complaint or (2) the filing pursuant to this title of the return of service of the notice of hearing and any temporary protective order, or of the writ of attachment if issued without notice, whichever event occurs first.

      (b) Notwithstanding subdivision (a), the clerk of the court shall make the entire file in the action available for inspection at any time to any party named in the complaint or to his attorney.

      (c) The request by plaintiff that the fact of filing of a complaint or application for relief not be made public may take the form of a notation to that effect, made by rubber stamp or other suitable means, at the top of the first page of the complaint filed with the clerk.

      (Added by Stats. 1974, Ch. 1516.)

      482.060. (a) Except as otherwise provided in subdivision (b), the judicial duties to be performed under this title are subordinate judicial duties within the meaning of Section 22 of Article VI of the California Constitution and may be performed by appointed officers such as court commissioners.

      (b) The judicial duties to be performed in the determination of the following matters are not subordinate judicial duties:

      (1) A contested claim of exemption.

      (2) A contested motion for determination of the liability and damages for wrongful attachment.

      (3) A contested third-party

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