§ 484.090.Findings Required For Issuance of Right to Attach Order
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 · Last amended 1998 · Last verified July 28, 2026
In one sentenceSection 484.090 requires the court, at the noticed hearing, to issue a right to attach order stating the secured amount if it finds the claim qualifies for attachment, its probable validity is established, the attachment isn't sought for an improper purpose, and the secured amount exceeds zero, then order a writ issued once an undertaking is filed unless the defendant proves the property exempt.
(a)At the hearing, the court shall consider the showing made by the parties appearing and shall issue a right to attach order, which shall state the amount to be secured by the attachment determined by the court in accordance with Section 483.015 or 483.020, if it finds all of the following:
(1)The claim upon which the attachment is based is one upon which an attachment may be issued.
(2)The plaintiff has established the probable validity of the claim upon which the attachment is based.
(3)The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based.
(4)The amount to be secured by the attachment is greater than zero.
(b)If, in addition to the findings required by subdivision (a), the court finds that the defendant has failed to prove that all the property sought to be attached is exempt from attachment, it shall order a writ of attachment to be issued upon the filing of an undertaking as provided by Sections 489.210 and 489.220.
(c)If the court determines that property of the defendant is exempt from attachment, in whole or in part, the right to attach order shall describe the exempt property and prohibit attachment of the property.
(d)The court's determinations shall be made upon the basis of the pleadings and other papers in the record; but, upon good cause shown, the court may receive and consider at the hearing additional evidence, oral or documentary, and additional points and authorities, or it may continue the hearing for the production of the additional evidence or points and authorities.
Plain-English Summary
This is where the noticed attachment procedure culminates. At the hearing, the court weighs what each side has shown and, if it makes all four findings in subdivision (a) — that the claim is one attachment can reach, that the plaintiff has established probable validity, that the attachment isn't sought for any purpose beyond recovering on that claim, and that the amount to be secured is greater than zero — it issues a right to attach order stating the secured amount.
Subdivision (b) carries the order into a writ: if the defendant hasn't proven all the targeted property exempt, the court orders a writ of attachment issued once the plaintiff files the undertaking required by §§ 489.210 and 489.220. If the defendant did prove some or all of the property exempt, subdivision (c) requires the right to attach order to describe that exempt property and prohibit attaching it, without blocking attachment of whatever isn't exempt.
Subdivision (d) grounds these findings in the record — the pleadings and papers already filed — but leaves the court room to receive more evidence or continue the hearing for good cause if the case calls for it.
Frequently Asked Questions
What must the court find before issuing a right to attach order?
Four things under § 484.090(a): the claim is one on which attachment may be issued, the plaintiff has established the claim's probable validity, the attachment isn't sought for an improper purpose, and the amount to be secured is greater than zero.
What happens once the right to attach order issues?
The court orders a writ of attachment issued once the plaintiff files the undertaking required by §§ 489.210 and 489.220, unless the defendant has proven the targeted property exempt.
What if only some of the property is exempt?
Section 484.090(c) requires the right to attach order to describe the exempt property and bar attaching it, while leaving the rest of the property open to attachment.
Can the court consider more than the papers on file?
Yes. Section 484.090(d) lets the court receive additional evidence and points and authorities for good cause, or continue the hearing to allow their production.
Amendment History
Amended by Stats. 1997, Ch. 222, Sec. 8. Effective January 1, 1998.
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:findings for right to attach order californiarequirements to get a writ of attachment california