2010 California Code
Code of Civil Procedure
Chapter 6. Temporary Protective Order

CODE OF CIVIL PROCEDURE
SECTION 486.010-486.110



486.010.  (a) At the time of applying for a right to attach order
under Chapter 4 (commencing with Section 484.010), the plaintiff may
apply pursuant to this chapter for a temporary protective order by
filing an application for the order with the court in which the
action is brought.
   (b) The application shall state what relief is requested and shall
be supported by an affidavit, which may be based on information and
belief, showing that the plaintiff would suffer great or irreparable
injury (within the meaning of Section 485.010) if the temporary
protective order were not issued.



486.020.  The court shall examine the application, supporting
affidavit, and other papers on record and shall issue a temporary
protective order, which shall state the amount sought to be secured
by the attachment under the application for the right to attach
order, upon the filing of an undertaking as provided by Sections
489.210 and 489.220, if it finds all of the following:
   (a) The claim upon which the application for attachment is based
is one upon which an attachment may be issued.
   (b) The plaintiff has established the probable validity of the
claim upon which the application for the attachment is based.
   (c) The order is not sought for a purpose other than the recovery
upon the claim upon which the application for the attachment is
based.
   (d) The plaintiff will suffer great or irreparable injury (within
the meaning of Section 485.010) if the temporary protective order is
not issued.



486.030.  (a) In any case where the plaintiff has applied for a
right to attach order and writ of attachment under Chapter 5
(commencing with Section 485.010), the court may in its discretion
deny the application for the order and writ and issue instead a
temporary protective order under this chapter if it determines that
the requirements of Section 485.220 are satisfied but that the
issuance of the temporary protective order instead of the right to
attach order and writ would be in the interest of justice and equity
to the parties, taking into account the effect on the defendant of
issuing a writ of attachment ex parte, the effect on the plaintiff of
issuing the temporary protective order instead of the writ, and
other factors that bear on equity and justice under the circumstances
of the particular case.
   (b) If the court issues a temporary protective order under this
section, the plaintiff's application for a right to attach order and
writ shall be treated as an application for a right to attach order
and writ under Article 1 (commencing with Section 484.010) of Chapter
4 and the plaintiff shall comply with the requirements of service
provided in Section 484.040.


486.040.  The temporary protective order issued under this chapter
shall contain such provisions as the court determines would be in the
interest of justice and equity to the parties, taking into account
the effects on both the defendant and the plaintiff under the
circumstances of the particular case.



486.050.  (a) Except as otherwise provided in Section 486.040, the
temporary protective order may prohibit a transfer by the defendant
of any of the defendant's property in this state subject to the levy
of the writ of attachment. The temporary protective order shall
describe the property in a manner adequate to permit the defendant to
identify the property subject to the temporary protective order.
   (b) Notwithstanding subdivision (a), if the property is farm
products held for sale or is inventory, the temporary protective
order shall not prohibit the defendant from transferring the property
in the ordinary course of business, but the temporary protective
order may impose appropriate restrictions on the disposition of the
proceeds from that type of transfer.



486.060.  (a) Notwithstanding any terms of the temporary protective
order, the defendant may issue any number of checks against any of
the defendant's accounts in a financial institution in this state to
the extent permitted by this section.
   (b) The defendant may issue any number of checks in any amount for
the following purposes:
   (1) Payment of any payroll expense (including fringe benefits and
taxes and premiums for workers' compensation and unemployment
insurance) falling due in the ordinary course of business prior to
the levy of a writ of attachment.
   (2) Payment for goods thereafter delivered to the defendant C.O.D.
for use in the defendant's trade, business, or profession.
   (3) Payment of taxes if payment is necessary to avoid penalties
which will accrue if there is any further delay in payment.
   (4) Payment of reasonable legal fees and reasonable costs and
expenses required for the representation of the defendant in the
action.
   (c) In addition to the checks permitted to be issued by
subdivision (b), the defendant may issue any number of checks for any
purpose so long as the total amount of the checks does not exceed
the greater of the following:
   (1) The amount by which the total amount on deposit exceeds the
sum of the amount sought to be secured by the attachment and the
amounts permitted to be paid pursuant to subdivision (b).
   (2) One thousand dollars ($1,000).



486.070.  Except as otherwise provided by Section 486.110, a
temporary protective order issued under this chapter binds only the
defendant, whether or not any other person knows of or is served with
a copy of the temporary protective order.




486.080.  The temporary protective order shall be personally served
on the defendant together with the documents referred to in Section
484.040.


486.090.  Except as otherwise provided in this title, the temporary
protective order shall expire at the earliest of the following times:
   (a) Forty days after the issuance of the order or, if an earlier
date is prescribed by the court in the order, on such earlier date.
   (b) As to specific property described in the order, when a levy of
attachment upon that property is made by the plaintiff.




486.100.  Upon ex parte application of the defendant or, if the
court so orders, after a noticed hearing, the court may modify or
vacate the temporary protective order if it determines that such
action would be in the interest of justice and equity to the parties,
taking into account the effect on the defendant of the continuance
of the original order, the effect on the plaintiff of modifying or
vacating the order, and any other factors.



486.110.  (a) The service upon the defendant of a temporary
protective order pursuant to Section 486.080 creates a lien upon any
property, or the proceeds thereof, which is described in the order,
is owned by the defendant at the time of such service, and is subject
to attachment pursuant to this title. The lien continues on property
subject to the lien, notwithstanding the transfer or encumbrance of
the property subject to the lien, unless the person receiving the
property, whether real or personal, is a person listed in Section
697.740.
   (b) The lien terminates upon the date of expiration of the
temporary protective order except with respect to property levied
upon while the temporary protective order is in effect under a writ
of attachment issued upon application of the plaintiff.


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