RulesofCivilProcedure.com Civil Procedure · Every State

§ 488.365.To Attach Goods In Possession of Bailee

Title 6.5. Attachment · Chapter 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property · Article 2. Methods of Levy · Enacted 1982 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 488.365 requires the levying officer to comply with § 700.060 to attach goods held by a bailee, as the Commercial Code defines that term, unless the bailee has issued a negotiable document of title for the goods.

Full Text of § 488.365

Text size

To attach goods in the possession of a bailee (as defined in Section 7102 of the Commercial Code) other than one who has issued a negotiable document of title therefor, the levying officer shall comply with Section 700.060.

Plain-English Summary

Goods stored with a bailee — a warehouse, a shipper, a repair company — are attached through the execution-levy procedure at § 700.060. Section 488.365 carves out one exception: if the bailee has issued a negotiable document of title (such as a negotiable warehouse receipt) covering the goods, this section does not apply, because the negotiable document itself is what must be reached instead, under § 488.445.

Frequently Asked Questions

How is property held by a bailee, like a warehouse, attached in California?

Section 488.365 requires compliance with § 700.060, unless the bailee has issued a negotiable document of title for the goods, in which case § 488.445 governs instead.

Why does a negotiable document of title change how bailed goods are attached?

When a bailee has issued a negotiable document of title, the document itself represents the goods, so § 488.445's method for attaching negotiable documents applies instead of § 488.365.

Amendment History

Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.

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: attaching goods held by bailee californiaccp 488.365 bailee levy