§ 489.130.Plaintiff's Failure to Increase Amount Pursuant to Court Order Not Wrongful Attachment
Title 6.5. Attachment · Chapter 9. Undertakings · Article 1. General Provisions · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 489.130 provides that when a court orders the attachment undertaking's amount increased under § 489.220 or § 489.410, a plaintiff's failure to increase it does not itself count as a wrongful attachment under § 490.010.
Full Text of § 489.130
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Where the court orders the amount of the undertaking increased pursuant to Section 489.220 or 489.410, the plaintiff's failure to increase the amount of the undertaking is not a wrongful attachment within the meaning of Section 490.010.
Plain-English Summary
Sections 489.220 and 489.410 let a court order the plaintiff's undertaking increased once litigation reveals the original amount was not enough to cover a probable wrongful-attachment recovery. Section 489.130 addresses what happens when the plaintiff does not comply with that order.
The consequence is not liability for wrongful attachment. Failing to increase the undertaking has its own separate consequence elsewhere in the title -- typically the attachment is set aside or the property released -- but it does not transform an otherwise proper attachment into a wrongful one under § 490.010.
This keeps the wrongful-attachment liability in § 490.010 focused on the substance of the attachment itself, rather than turning every procedural slip on the undertaking into grounds for damages.
Frequently Asked Questions
If a plaintiff ignores a court order to raise the undertaking amount, is that a wrongful attachment?
No. Section 489.130 states that the plaintiff's failure to increase the undertaking as ordered under § 489.220 or § 489.410 is not a wrongful attachment within the meaning of § 490.010.
What does happen if the plaintiff doesn't increase the undertaking as ordered?
Section 489.130 does not itself say -- that consequence comes from the rule that ordered the increase, § 489.220 or § 489.410, which each provide their own remedy such as release of the attached property.
Amendment History
Added 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:failure to increase attachment undertaking california489.130 wrongful attachment