(a) Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article for a right to attach order and a writ of attachment by filing an application for the order and writ with the court in which the action is brought.
§ 485.210.Application For Order and Writ
Title 6.5. Attachment · Chapter 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment · Article 2. Order Determining Right to Attach; Issuance of Writ of Attachment · Enacted 1974 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 485.210 lets a plaintiff apply, at any time after filing the complaint, for an ex parte right to attach order and writ under Chapter 5, on an application meeting § 484.020's requirements plus a showing that § 485.010 is satisfied, backed by an affidavit establishing the claim's probable validity, the great-or-irreparable-injury showing, and that the targeted property isn't exempt.
Full Text of § 485.210
(c) The application shall be supported by an affidavit showing all of the following:
(1) The plaintiff on the facts presented would be entitled to a judgment on the claim upon which the attachment is based.
(2) The plaintiff would suffer great or irreparable injury (within the meaning of Section 485.010) if issuance of the order were delayed until the matter could be heard on notice.
(3) The property sought to be attached is not exempt from attachment.
(d) An affidavit in support of the showing required by paragraph (3) of subdivision (c) may be based on the affiant's information and belief.
Plain-English Summary
This section is Chapter 5's counterpart to § 484.010, and it starts the same way: the plaintiff may apply at any time after filing the complaint, by filing the application with the court where the action is brought. What's added is everything the emergency track requires beyond the ordinary application.
Subdivision (b) requires the application to satisfy § 484.020 — the same base content as the noticed procedure — plus a statement showing that § 485.010's great-or-irreparable-injury requirement is met. Subdivision (c) then requires the supporting affidavit to establish three things: the plaintiff's probable entitlement to judgment on the facts presented, that the plaintiff would suffer great or irreparable injury (within the meaning of § 485.010) if the order were delayed until a noticed hearing, and that the property targeted isn't exempt from attachment.
Subdivision (d) gives the plaintiff a break on that last point — the non-exemption showing may rest on the affiant's information and belief, even though the probable-validity and injury showings must rest on the facts presented.
Frequently Asked Questions
When can a plaintiff apply for an ex parte right to attach order?
At any time after the complaint is filed, the same timing the ordinary noticed procedure allows.
What must the supporting affidavit show under this article?
Three things: the claim's probable validity, that great or irreparable injury would result from delaying the order until a noticed hearing, and that the targeted property isn't exempt.
Can the non-exemption showing rest on information and belief?
Yes, § 485.210(d) allows that specific showing to be based on the affiant's information and belief.
How does this application differ from the one used in the ordinary noticed procedure?
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: ex parte attachment application california