(a) Any defendant whose property has been attached pursuant to a writ issued under this chapter may apply for an order (1) that the right to attach order be set aside, the writ of attachment quashed, and any property levied upon pursuant to the writ be released, or (2) that the amount to be secured by the attachment be reduced as provided in Section 483.015. Such application shall be made by filing with the court and serving on the plaintiff a notice of motion.
§ 485.240.Application For Order to Set Aside Right to Attach Or Quash 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 · Last amended 1983 · Last verified July 28, 2026
In one sentenceSection 485.240 gives a defendant hit with an ex parte attachment the right to a noticed motion to set aside the order, quash the writ, and release levied property, without arguing the original emergency showing was unwarranted.
Full Text of § 485.240
(b) The notice of motion shall state the grounds on which the motion is based and shall be accompanied by an affidavit supporting any factual issues raised and points and authorities supporting any legal issues raised. It shall not be grounds to set aside an order that the plaintiff would not have suffered great or irreparable injury (within the meaning of Section 485.010) if issuance of the order had been delayed until the matter could have been heard on notice.
(c) At the hearing on the motion, the court shall determine whether the plaintiff is entitled to the right to attach order or whether the amount to be secured by the attachment should be reduced. If the court finds that the plaintiff is not entitled to the right to attach order, it shall order the right to attach order set aside, the writ of attachment quashed, and any property levied on pursuant to the writ released. If the court finds that the plaintiff is entitled to the right to attach order, thereafter the plaintiff may apply for additional writs pursuant to Article 2 (commencing with Section 484.310) or Article 3 (commencing with Section 484.510) of Chapter 4.
(d) The court's determinations shall be made upon the basis of the pleadings and other papers in the record; but, upon good cause shown, the court may receive and consider at the hearing additional evidence, oral or documentary, and additional points and authorities, or it may continue the hearing for the production of such additional evidence or points and authorities.
(e) The hearing provided for in this section shall take precedence over all other civil matters on the calendar of that day except older matters of the same character.
Plain-English Summary
This section is the defendant's comeback after an ex parte seizure — the noticed hearing the defendant never got before the writ issued. Subdivision (a) lets any defendant whose property was attached under a Chapter 5 writ apply for an order either setting aside the right to attach order, quashing the writ, and releasing levied property, or reducing the amount secured as § 483.015 allows. That application is made by filing and serving a notice of motion.
Subdivision (b) sets what that motion needs — grounds stated, an affidavit for factual issues, points and authorities for legal ones — and draws a sharp line around what won't work: it is not a ground for setting aside the order that the plaintiff would not have suffered great or irreparable injury (within the meaning of § 485.010) had the plaintiff waited for a noticed hearing. In other words, the defendant can't win by arguing, in hindsight, that the emergency showing wasn't warranted.
Subdivision (c) is where the hearing does its real work: the court decides whether the plaintiff is entitled to the right to attach order (revisiting the same merits questions § 485.220 asks) or whether the secured amount should be reduced. If the plaintiff isn't entitled, the court sets aside the order, quashes the writ, and releases the levied property. If the plaintiff is entitled, the consequence flows forward — the plaintiff can then apply for additional writs under Chapter 4's noticed procedure (§ 484.310) or its ex parte procedure (§ 484.510), rather than continuing under Chapter 5's own additional-writ track, which still requires renewing the emergency showing each time. Subdivision (d) lets the court go beyond the papers on file for good cause, and subdivision (e) gives the hearing priority over other civil matters on the court's calendar that day, except older matters of the same kind.
Frequently Asked Questions
Can a defendant challenge an ex parte attachment after the writ has already issued?
Yes. Section 485.240 lets the defendant move to set aside the right to attach order, quash the writ, release attached property, or reduce the secured amount.
Can the defendant win by arguing the plaintiff didn't really face great or irreparable injury?
No. Section 485.240(b) expressly bars that as a ground for setting aside the order.
What does the court decide at this hearing?
Whether the plaintiff is entitled to the right to attach order — the same merits questions § 485.220 asks — or whether the amount to be secured should be reduced.
What happens to future additional writs once the court confirms the plaintiff is entitled?
Does this motion get priority on the court's calendar?
Yes, § 485.240(e) puts the hearing ahead of other civil matters scheduled that day, except older matters of the same character.
Amendment History
Amended by Stats. 1983, Ch. 155, Sec. 4. Effective June 30, 1983. Operative July 1, 1983, by Sec. 32 of Ch. 155.
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: motion to quash writ of attachment californiaset aside right to attach order californiachallenge ex parte attachment california