§ 482.060.Subordinate Judicial Duties; Duties Not Subordinate Judicial Duties

Title 6.5. Attachment · Chapter 2. General Provisions · Last amended 1983 · Last verified July 28, 2026

In one sentenceSection 482.060 lets a court commissioner handle most attachment matters as subordinate judicial duties, but reserves contested exemption claims, wrongful-attachment liability disputes, and third-party claim disputes for a judge, unless the parties stipulate to a temporary judge.

Full Text of § 482.060

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

(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 claim.

(4) A contested proceeding to enforce a third person's liability.

(c) Nothing in subdivision (b) limits the power of a court to appoint a temporary judge pursuant to Section 21 of Article VI of the California Constitution.

Plain-English Summary

Attachment proceedings often involve routine, uncontested steps that do not require a sitting judge’s attention. Section 482.060(a) classifies the judicial duties under this title generally as "subordinate judicial duties" under Article VI, Section 22 of the California Constitution, which court commissioners and similar appointed officers may perform.

Subdivision (b) draws the line where a real dispute is on the table: a contested claim of exemption, a contested motion determining liability and damages for wrongful attachment, a contested third-party claim, and a contested proceeding to enforce a third person’s liability are not subordinate judicial duties. Those require an actual judge, though subdivision (c) preserves the parties’ ability to stipulate to a temporary judge under Article VI, Section 21 for any of these matters.

Frequently Asked Questions

Can a court commissioner rule on a contested wrongful-attachment claim?

No. Section 482.060(b)(2) removes a contested motion determining liability and damages for wrongful attachment from the category of subordinate judicial duties a commissioner may perform.

Can the parties agree to let a commissioner decide a contested matter anyway?

Yes. Section 482.060(c) preserves the court’s power to appoint a temporary judge under Article VI, Section 21 of the California Constitution, which can include a stipulated commissioner, for any of the contested matters listed in subdivision (b).

Amendment History

Amended by Stats. 1982, Ch. 1198, Sec. 23. Operative July 1, 1983, by Sec. 70 of Ch. 1198.

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: court commissioner attachment californiasubordinate judicial duties attachment