§ 484.370.Conduct of Hearing; Findings Required For Ordering Issuance of Writ

Title 6.5. Attachment · Chapter 4. Noticed Hearing Procedure for Obtaining Writ of Attachment · Article 2. Noticed Hearing Procedure for Obtaining Additional Writs · Last amended 1976 · Last verified July 28, 2026

In one sentenceSection 484.370 directs that the hearing on an additional writ follow the procedure prescribed in § 484.090, and requires the court to order the writ issued on the filing of an undertaking if a qualifying right to attach order already exists and the defendant hasn't proven the targeted property exempt.

Full Text of § 484.370

Text sizeJump to: (a) (b)

The hearing shall be conducted in the manner prescribed in Section 484.090 and the court shall order a writ of attachment to be issued upon the filing of an undertaking as provided by Sections 489.210 and 489.220, if it finds both of the following:

(a) A right to attach order has been issued in the action pursuant to Article 1 (commencing with Section 484.010) or the court has found pursuant to Section 485.240 that the plaintiff is entitled to a right to attach order.

(b) The defendant has failed to prove that the property sought to be attached, or the portion thereof to be described in the writ, is exempt from attachment.

Plain-English Summary

Rather than restating the hearing procedure, this section borrows it: the hearing on an additional writ is conducted the same way § 484.090 conducts the original attachment hearing. What the court has to find, though, is narrower — subdivision (a) requires that a right to attach order already exists, issued under Article 1 or confirmed by the court under § 485.240, and subdivision (b) requires that the defendant hasn't proven the targeted property exempt.

If both are true, the court orders the writ issued once the plaintiff files the undertaking required by §§ 489.210 and 489.220 — the same undertaking mechanism used everywhere else in this title.

Frequently Asked Questions

What procedure governs the hearing on an additional writ under Article 2?

The same procedure prescribed in § 484.090 for the original attachment hearing.

What must the court find to order the additional writ issued?

That a qualifying right to attach order already exists under Article 1 or § 485.240, and that the defendant hasn't proven the targeted property exempt.

Is an undertaking required before this writ issues?

Yes, the same undertaking requirement under §§ 489.210 and 489.220 applies.

Amendment History

Amended by Stats. 1976, Ch. 437.

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: hearing on additional writ of attachment california