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.
§ 481.190.Probable Validity
Title 6.5. Attachment · Chapter 1. Words and Phrases Defined · Enacted 1974 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 481.190 defines "probable validity" as the standard a claim meets when it is more likely than not that the plaintiff will obtain a judgment against the defendant on that claim.
Full Text of § 481.190
Plain-English Summary
This is one of the central merits standards in the whole Attachment Law. Before a court will issue a right to attach order, § 484.090 requires the court to find, among other things, that the plaintiff has established the probable validity of the underlying claim. Section 481.190 supplies the test for that finding: more likely than not, a familiar preponderance-style standard, applied at a preliminary stage before trial.
Because attachment lets a plaintiff seize a defendant’s property before any judgment, the law does not allow it on a bare, unproven allegation. The probable-validity requirement is the mechanism that keeps attachment tied to claims with real substance behind them.
Frequently Asked Questions
What does "probable validity" mean in an attachment case?
Section 481.190 defines it as more likely than not that the plaintiff will obtain a judgment against the defendant on the claim — a preliminary merits assessment, not a final ruling on the case.
Where does the court apply the probable validity standard?
Section 484.090 requires the court to find that the plaintiff has established the probable validity of the claim before issuing a right to attach order.
Amendment History
Added by Stats. 1974, Ch. 1516.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: probable validity standard california attachmentmore likely than not attachment california