(a) Neither the failure of the defendant to oppose the issuance of a right to attach order under this chapter nor the defendant's failure to rebut any evidence produced by the plaintiff in connection with proceedings under this chapter shall constitute a waiver of any defense to the plaintiff's claim in the action or any other action or have any effect on the right of the defendant to produce or exclude evidence at the trial of any such action.
§ 484.110.Waiver of Defense
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 1983 · Last verified July 28, 2026
In one sentenceSection 484.110 protects both sides from waiver — a defendant who doesn't oppose an attachment application or rebut the plaintiff's evidence loses no defense to the underlying claim, and a plaintiff who doesn't oppose a reduction in the secured amount loses no claim, in either case at trial or in any other action.
Full Text of § 484.110
(b) Neither the failure of the plaintiff to oppose the issuance of an order reducing the amount to be secured by the attachment under this chapter nor the plaintiff's failure to rebut any evidence produced by the defendant in connection with proceedings under this chapter shall constitute a waiver of any defense to the defendant's claim in the action or any other action or have any effect on the right of the plaintiff to produce or exclude evidence at the trial of any such action.
Plain-English Summary
Litigants sometimes skip a fight they could pick, for reasons that have nothing to do with the merits — cost, timing, or simple strategy. Section 484.110 makes sure that choice doesn't cost more than intended. Subdivision (a) protects the defendant: neither failing to oppose a right to attach order, nor failing to rebut the plaintiff's evidence at the attachment hearing, waives any defense to the plaintiff's claim, in this action or any other, or affects the defendant's right to produce or exclude evidence at trial.
Subdivision (b) gives the plaintiff the mirror-image protection: not opposing a defendant's attempt to reduce the secured amount doesn't waive any defense to the defendant's claim, and doesn't affect the plaintiff's own evidentiary rights at trial.
Together with § 484.100, this section keeps the attachment hearing a self-contained, low-stakes proceeding for anything beyond the provisional remedy itself — exactly what a hearing focused on probable rather than actual validity is supposed to be.
Frequently Asked Questions
If I don't oppose an attachment application, do I give up defenses at trial?
No. Section 484.110(a) preserves every defense to the claim regardless of whether the defendant opposed the attachment application.
Does failing to rebut the plaintiff's evidence at the attachment hearing hurt my case later?
No. It doesn't waive any defense and doesn't affect the defendant's right to produce or exclude evidence at trial.
Does a plaintiff risk losing claims by not opposing a reduction in the secured amount?
No. Section 484.110(b) extends the same non-waiver protection to the plaintiff.
Amendment History
Amended by Stats. 1982, Ch. 1198, Sec. 35. 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: waiver of defense attachment hearing california