§ 485.010.Generally

This section is the gateway to Chapter 5's entire ex parte procedure. Subdivision (a) sets the baseline: no right to attach order or writ of attachment can issue under this chapter unless facts shown by affidavit establish that delaying issuance until a noticed hearing could be held would cause the plaintiff great or irreparable injury.

Subdivision (b) lists five ways to satisfy that standard. The circumstances of the case may support an inference that the property sought would be concealed, substantially impaired in value, or otherwise made unavailable to levy if the plaintiff had to wait for notice. Or they may support an inference that the defendant is insolvent — generally not paying debts as they come due — so long as those debts aren't subject to a bona fide dispute, in which case the plaintiff's affidavit must also state the known undisputed debts, that they aren't disputed, and the basis for that determination. A recorded and published bulk-sale notice under the Commercial Code, or an escrow opened for the sale of a liquor license under Business and Professions Code § 24074, can each support the showing too. And subdivision (b)(5) leaves room for any other circumstance demonstrating great or irreparable injury from delay.

Subdivision (c) tailors the consequences to three of those grounds. A writ issued solely on the insolvency showing gives the defendant a right to request review, and the court must hold a hearing within five court days after the plaintiff is served with that request. A writ issued solely on the bulk-sale showing is limited to the property covered by the bulk-sale notice or the proceeds of that sale, and must be served by the levying officer on the transferee or auctioneer within five days of the levy. A writ issued solely on the liquor-license-escrow showing is limited to the plaintiff's pro rata share of the escrowed sale proceeds.