(a) If property has been or is sought to be attached, the court may appoint a receiver or order the levying officer to take any action the court orders that is necessary to preserve the value of the property, including but not limited to selling the property, if the court determines that the property is perishable or will greatly deteriorate or greatly depreciate in value or that for some other reason the interests of the parties will be best served by the order. An order may be made under this subdivision upon application of the plaintiff, the defendant, or a person who has filed a third-party claim pursuant to Division 4 (commencing with Section 720.010) of Title 9. The application shall be made on noticed motion if the court so directs or a court rule so requires. Otherwise, the application may be made ex parte.
§ 488.700.Order to Preserve Value of Property; Sale of Perishable Property; Daily Fee If Receiver Appointed
Title 6.5. Attachment · Chapter 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property · Article 5. Management and Disposition of Attached Property · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 488.700 lets a court appoint a receiver or order the levying officer to preserve or sell perishable or rapidly depreciating attached property, lets the officer act alone in an emergency before a court order is obtainable, and directs any sale proceeds into court pending judgment.
Full Text of § 488.700
(b) If the levying officer determines that property is extremely perishable or will greatly deteriorate or greatly depreciate in value before a court order pursuant to subdivision (a) could be obtained, the levying officer may take any action necessary to preserve the value of the property or may sell the property. The levying officer is not liable for a determination made in good faith under this subdivision.
(c) Except as otherwise provided by order of the court, a sale of the property pursuant to this section shall be made in the manner provided by Article 6 (commencing with Section 701.510) of Chapter 3 of Division 2 of Title 9 and the proceeds shall be deposited in the court to abide the judgment in the action. Notwithstanding subdivisions (b) and (d) of Section 701.530, notice of sale shall be posted and served at a reasonable time before sale, considering the character and condition of the property.
(d) If a receiver is appointed, the court shall fix the daily fee of the receiver and may order the plaintiff to pay the fees and expenses of the receiver in advance or may direct that the whole or any part of the fees and expenses be paid from the proceeds of any sale of the property. Except as otherwise provided in this section, the provisions of Chapter 5 (commencing with Section 564) and Chapter 5a (commencing with Section 571) of Title 7 govern the appointment, qualifications, powers, rights, and duties of a receiver appointed under this section.
Plain-English Summary
Attached property sometimes cannot just sit and wait for judgment — produce spoils, equipment depreciates, a business's inventory turns stale. Section 488.700 gives the court tools to prevent that loss. On application by the plaintiff, the defendant, or a third-party claimant, the court may appoint a receiver or order the levying officer to take whatever action the court specifies, including selling the property, if it finds the property perishable, rapidly deteriorating or depreciating, or otherwise best served by such an order. The application ordinarily proceeds by noticed motion, but may be made ex parte if the court so allows.
Subdivision (b) covers the emergency where there is no time to wait for a court order: if the officer determines the property is extremely perishable or will greatly deteriorate before a court order could be obtained, the officer may act, or sell the property, without one — and is not liable for a good-faith determination to do so. Any sale under this section otherwise follows the execution-sale procedure in Article 6 (§ 701.510 and following) of Chapter 3, with proceeds deposited with the court to await the judgment, though notice of sale need only be posted and served a reasonable time before sale given the property's condition. When a receiver is appointed, the court fixes the receiver's daily fee and may direct the plaintiff to advance it or have it paid from sale proceeds, with the receiver's appointment and powers otherwise governed by the general receivership statutes in Chapter 5 (§ 564 and following) and Chapter 5a (§ 571 and following) of Title 7.
Frequently Asked Questions
What happens if attached property, like produce, is about to spoil before trial?
Section 488.700 lets the court appoint a receiver or order the levying officer to preserve or sell the property, and subdivision (b) lets the officer act on their own in a genuine emergency without waiting for a court order.
Who can ask the court to order a sale of perishable attached property?
Under § 488.700(a), the plaintiff, the defendant, or a person who has filed a third-party claim may apply for such an order.
Where do the proceeds go if attached property is sold before judgment?
Section 488.700(c) requires the proceeds to be deposited with the court to abide the outcome of the case, following the execution-sale procedure in Article 6 (commencing with § 701.510) of Chapter 3.
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: selling perishable attached property californiaccp 488.700 receiver appointed attachmentemergency sale of attached goods before trial