§ 488.475.Attachment of Property Subject of Pending Action Or Special Proceeding
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 488.475 allows attachment of real property, growing crops or minerals, tangible personal property in the defendant's or officer's possession, and a defendant's decedent-estate interest even while that property is subject to a pending action, but makes attachment of other property caught in pending litigation ineffective.
(a)The following property may be attached pursuant to this article notwithstanding that the property levied upon is the subject of a pending action or special proceeding:
(1)Real property.
(2)Growing crops, timber to be cut, or minerals or the like (including oil and gas) to be extracted or accounts receivable resulting from the sale thereof at the wellhead or minehead.
(3)Tangible personal property in the possession or under the control of the defendant or in the custody of a levying officer.
(4)The interest of a defendant in personal property in the estate of a decedent, whether the interest arises by testate or intestate succession.
(b)Except as provided in subdivision (a), attachment of property that is the subject of an action or special proceeding pending at the time of the attachment is not effective.
(c)If attachment is attempted but is ineffective under subdivision (b) and the levying officer has requested a garnishee's memorandum under Section 488.610 in connection with the ineffective attachment, the garnishee's memorandum shall include the following information in addition to that required by Section 488.610:
(1)A statement that the attachment of the property is not effective because the property is the subject of a pending action or special proceeding.
(2)The title of the court and the cause and number of the pending action or proceeding.
(d)For the purpose of this section, an action or proceeding is pending from the time the action or proceeding is commenced until judgment has been entered and the time for appeal has expired or, if an appeal is filed, until the appeal has been finally determined.
(e)Nothing in this section affects or limits the right of the plaintiff to obtain a lien pursuant to Article 3 (commencing with Section 491.410) of Chapter 11.
Plain-English Summary
Property that is itself the subject of separate pending litigation raises a conflict: which proceeding controls it? Section 488.475 resolves that conflict differently depending on the kind of property. Four categories may still be attached even though a pending action or special proceeding concerns them: real property; growing crops, timber, or extractable minerals (and their wellhead or minehead receivables); tangible personal property in the defendant's possession or in a levying officer's custody; and a defendant's interest in personal property of a decedent's estate.
Any other property caught up in pending litigation cannot be effectively attached under this article. If an attachment is attempted anyway and turns out ineffective, and the officer had requested a garnishee's memorandum, that memorandum must say so and identify the pending case by court, cause, and number. "Pending" runs from commencement of the other action until judgment is entered and the appeal period expires, or until any appeal is finally decided. None of this limits the plaintiff's separate right to record a lis pendens under Article 3 (§ 491.410 and following) of Chapter 11.
Frequently Asked Questions
Can property be attached while it is the subject of a different pending lawsuit?
Sometimes. Section 488.475(a) allows attachment despite pending litigation only for real property, growing crops and extractable minerals, tangible personal property in the defendant's or officer's possession, and decedent-estate interests. Other property caught in pending litigation cannot be effectively attached.
What counts as a pending action for purposes of this section?
Section 488.475(d) defines it as running from commencement of the action until judgment is entered and the time to appeal has expired, or, if appealed, until the appeal is finally determined.
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
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