The court shall examine the application and supporting affidavit and 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 all of the following:
§ 485.540.Findings Required For Ordering Issuance of Writ
Title 6.5. Attachment · Chapter 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment · Article 3. Procedure for Obtaining Additional Writs · Last amended 1976 · Last verified July 28, 2026
In one sentenceSection 485.540 requires the court to examine the application and affidavit and order the additional writ issued, on the filing of an undertaking, if it finds a qualifying right to attach order already exists, the targeted property isn't exempt, and the plaintiff would suffer great or irreparable injury from delay.
Full Text of § 485.540
(b) The affidavit accompanying the application shows that the property sought to be attached, or the portion thereof to be specified in the writ, is not exempt from attachment.
Plain-English Summary
Three findings govern this additional writ, mirroring the emergency elements of § 485.220 but narrower, since claim validity and purpose were already resolved when the original right to attach order issued. Subdivision (a) requires a right to attach order already issued under Article 2 (§ 485.210). Subdivision (b) requires the affidavit to show the targeted property isn't exempt. Subdivision (c) requires that the plaintiff would suffer great or irreparable injury if issuance of the writ were delayed until the matter could be heard on notice.
As with the rest of Chapter 5's ex parte procedure, no hearing precedes this ruling — the court examines the application and affidavit and, if satisfied, orders the writ issued once the plaintiff files the undertaking required by §§ 489.210 and 489.220.
Frequently Asked Questions
What three things must the court find to issue an additional writ under this article?
That a right to attach order already issued under § 485.210, that the targeted property isn't exempt, and that the plaintiff would suffer great or irreparable injury from delay.
Is a hearing held before this writ issues?
No. As with the rest of Chapter 5's ex parte procedure, the court reviews the application and affidavit without a hearing.
Is an undertaking required for this writ?
Yes, under §§ 489.210 and 489.220.
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: ex parte additional writ findings california