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§ 489.230.Statement In Notice that Undertaking Filed

Title 6.5. Attachment · Chapter 9. Undertakings · Article 2. Undertakings to Obtain Writ of Attachment or Protective Order · Last amended 1982 · Last verified July 28, 2026

In one sentenceSection 489.230 requires the notice of attachment to include a Judicial Council statement telling the defendant that an undertaking has been filed and that the defendant may object to it, and requires a comparable statement on the temporary protective order form.

Full Text of § 489.230

Text sizeJump to: (a) (b)

(a) The notice of attachment shall include a statement, in a form adopted by the Judicial Council, advising the defendant that the undertaking has been filed and informing the defendant of the right to object to the undertaking.
(b) The form for the temporary protective order shall include a statement comparable to the one required by subdivision (a).

Plain-English Summary

An undertaking does the defendant no good if the defendant never learns it exists. Section 489.230 closes that gap by requiring the notice of attachment itself to carry a statement -- in a form the Judicial Council adopts -- telling the defendant two things: that the plaintiff has filed an undertaking, and that the defendant has a right to object to it.

Subdivision (b) extends the same disclosure to temporary protective orders, requiring the TPO form to include a comparable statement.

Read together with § 489.220, this section makes the objection right meaningful in practice. A defendant who is never told about the undertaking, or about the chance to challenge its amount, cannot exercise the protection § 489.220(b) is designed to give.

Frequently Asked Questions

How does a defendant find out an attachment undertaking has been filed?

Section 489.230(a) requires the notice of attachment itself to include a Judicial Council statement advising the defendant that the undertaking has been filed and that the defendant may object to it.

Does the temporary protective order carry the same disclosure?

Yes. Section 489.230(b) requires the temporary protective order form to include a statement comparable to the one required on the notice of attachment.

Amendment History

Amended by Stats. 1982, Ch. 517, Sec. 114.

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: notice of attachment undertaking disclosureright to object to attachment undertaking california