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§ 484.310.Time Plaintiff May Apply For Writ By Filing Application

Title 6.5. Attachment · Chapter 4. Noticed Hearing Procedure for Obtaining Writ of Attachment · Article 2. Noticed Hearing Procedure for Obtaining Additional Writs · Enacted 1974 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 484.310 lets a plaintiff who already holds a right to attach order — issued under Chapter 4's ordinary Article 1 procedure, or confirmed by the court under § 485.240 — apply at any time for an additional writ reaching more of the defendant's property, still on notice, under this article.

Full Text of § 484.310

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At any time after a right to attach order has been issued under Article 1 (commencing with Section 484.010) or after the court has found pursuant to Section 485.240 that the plaintiff is entitled to a right to attach order, the plaintiff may apply for a writ of attachment under this article by filing an application with the court in which the action is brought.

Plain-English Summary

Once a right to attach order exists, a plaintiff often needs more than one writ to reach everything the order covers. This section opens that door, but only for a right to attach order that came from one of two adversarially tested sources: the ordinary noticed procedure of Article 1 (§§ 484.010-484.110), or a court's finding under § 485.240 that the plaintiff is entitled to a right to attach order — the ruling a defendant gets after challenging an earlier ex parte attachment.

Nothing about the claim gets relitigated here. The underlying right to attach order is already established; this article is about attaching more property under that same order, still with notice to the defendant, through the hearing procedure the rest of this article describes.

Two other paths exist alongside this one. Article 3 (§ 484.510) lets a plaintiff with the same qualifying right to attach order get additional writs entirely ex parte, without notice. And Chapter 5's own additional-writ article (§ 485.510) covers writs sought under a right to attach order that came from Chapter 5's ex parte procedure and hasn't yet been confirmed under § 485.240 — a track that still requires renewing the emergency showing each time.

Frequently Asked Questions

What must already be true before a plaintiff applies for an additional writ under this article?

The plaintiff must already hold a right to attach order issued under Article 1, or a court finding of entitlement under § 485.240.

Does the plaintiff need to reprove the claim's validity to get an additional writ?

No. The underlying right to attach order is already established; this article covers reaching more of the defendant's property under that same order.

Is the hearing on an additional writ the same as the original attachment hearing?

It's narrower in practice — § 484.370 focuses the hearing mainly on whether the newly targeted property is exempt, since the claim's validity was already resolved.

Is there a way to get an additional writ without notice to the defendant?

Yes. Article 3 (§ 484.510) lets a plaintiff with the same qualifying right to attach order obtain additional writs without any notice or hearing.

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: additional writ of attachment california