(a) If the defendant files and serves a claim of exemption and the plaintiff desires to oppose the claim, he shall file and serve on the defendant, not less than two days before the date set for the hearing, a notice of opposition to the claim of exemption, accompanied by an affidavit supporting any factual issues raised and points and authorities supporting any legal issues raised.
§ 484.360.Notice of Opposition to Claim of Exemption
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 484.360 gives the plaintiff two days before the hearing to oppose a defendant's exemption claim, blocks the additional writ as to unopposed exempt property, cancels the hearing and any writ entirely if every item claimed is exempt and unopposed, and puts the burden of proof on the defendant once the plaintiff does oppose.
Full Text of § 484.360
(b) If the defendant files and serves a claim of exemption and supporting affidavit as provided in Section 484.350 and the plaintiff does not file and serve a notice of opposition as provided in this section, no writ of attachment shall be issued as to the property claimed to be exempt. If all of the property described in the plaintiff's application is claimed to be exempt and the plaintiff does not file and serve a notice of opposition as provided in this section, no hearing shall be held and no writ of attachment shall be issued.
(c) If the plaintiff files and serves a notice of opposition to the claim as provided in this section, the defendant has the burden of proving that the property is exempt from attachment.
Plain-English Summary
If a defendant files a claim of exemption under § 484.350, subdivision (a) gives the plaintiff a short window — not less than two days before the hearing — to file a notice of opposition, backed by an affidavit and authorities, if the plaintiff wants to contest it.
Silence has real consequences. Subdivision (b) says that if the plaintiff doesn't oppose a properly filed and served exemption claim, no writ issues as to that property. If the claim covers everything described in the application and the plaintiff still doesn't oppose, there's no hearing at all and no writ issues on any of it.
Once the plaintiff does oppose, subdivision (c) puts the burden of proving the exemption on the defendant — the same allocation used throughout this chapter's exemption procedures.
Frequently Asked Questions
How long does the plaintiff have to oppose a defendant's exemption claim under this article?
Not less than two days before the date set for the hearing.
What happens if the plaintiff doesn't oppose an exemption claim covering all the targeted property?
No hearing is held and no writ issues on any of the property described in the application.
Who has the burden of proof if the plaintiff opposes the exemption claim?
The defendant, who must prove the property is exempt from attachment.
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: opposing exemption claim additional writ california