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§ 484.080.Continuance

Title 6.5. Attachment · Chapter 4. Noticed Hearing Procedure for Obtaining Writ of Attachment · Article 1. Right to Attach Order; Issuance of Writ of Attachment · Enacted 1974 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 484.080 lets the court grant either side a reasonable continuance for good cause — the plaintiff if unready or noncompliant with § 484.040, the defendant to prepare opposition — and extends any temporary protective order already in place for up to ten days past the new hearing date.

Full Text of § 484.080

Text sizeJump to: (a) (b)

(a) At the time set for the hearing, the plaintiff shall be ready to proceed. If the plaintiff is not ready, or if he has failed to comply with Section 484.040, the court may either deny the application for the order or, for good cause shown, grant the plaintiff a continuance for a reasonable period. If such a continuance is granted, the effective period of any protective order issued pursuant to Chapter 6 (commencing with Section 486.010) may be extended by the court for a period ending not more than 10 days after the new hearing date if the plaintiff shows a continuing need for such protective order.
(b) The court may, in its discretion and for good cause shown, grant the defendant a continuance for a reasonable period to enable him to oppose the issuance of the right to attach order. If such a continuance is granted, the court shall extend the effective period of any protective order issued pursuant to Chapter 6 (commencing with Section 486.010) for a period ending not more than 10 days after the new hearing date unless the defendant shows pursuant to Section 486.100 that the protective order should be modified or vacated.

Plain-English Summary

Hearings don't always go forward on the original date. Subdivision (a) covers the plaintiff's side: if the plaintiff isn't ready to proceed, or hasn't complied with the service requirements of § 484.040, the court can either deny the application outright or, for good cause, grant a continuance. If it grants one, the court may extend any temporary protective order already issued under Chapter 6 for up to ten days past the new hearing date, provided the plaintiff shows a continuing need for it.

Subdivision (b) covers the defendant's side: the court may, for good cause, grant a reasonable continuance so the defendant can prepare opposition to the right to attach order. Here the temporary protective order extension is closer to automatic — the court must extend it up to ten days past the new hearing date unless the defendant shows, under § 486.100, that the order should be modified or vacated instead.

Frequently Asked Questions

What happens if the plaintiff isn't ready to proceed at the attachment hearing?

The court may deny the application for the order, or, for good cause shown, grant the plaintiff a reasonable continuance.

Can a defendant get more time to prepare opposition?

Yes, § 484.080(b) lets the court grant the defendant a reasonable continuance for good cause.

Does a continuance affect a temporary protective order already in place?

It can. The court may extend the order for up to ten days past the new hearing date. When the defendant requests the continuance, that extension is required unless the defendant shows under § 486.100 that the order should be modified or vacated instead.

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: continuance writ of attachment hearing california