2010 California Code
Code of Civil Procedure
Article 5. Lien In Pending Action Or Proceeding

CODE OF CIVIL PROCEDURE
SECTION 708.410-708.480



708.410.  (a)  A judgment creditor who has a money judgment against
a judgment debtor who is a party to a pending action or special
proceeding may obtain a lien under this article, to the extent
required to satisfy the judgment creditor's money judgment, on both
of the following:
   (1) Any cause of action of such judgment debtor for money or
property that is the subject of the action or proceeding.
   (2) The rights of such judgment debtor to money or property under
any judgment subsequently procured in the action or proceeding.
   (b) To obtain a lien under this article, the judgment creditor
shall file a notice of lien and an abstract or certified copy of the
judgment creditor's money judgment in the pending action or special
proceeding.
   (c) At the time of the filing under subdivision (b) or promptly
thereafter, the judgment creditor shall serve on all parties who,
prior thereto, have made an appearance in the action or special
proceeding a copy of the notice of lien and a statement of the date
when the notice of lien was filed in the action or special
proceeding. Service shall be made personally or by mail. Failure to
serve all parties as required by this subdivision does not affect the
lien created by the filing under subdivision (b), but the rights of
a party are not affected by the lien until the party has notice of
the lien.
   (d) For the purpose of this article, an action or special
proceeding is pending until the time for appeal from the judgment has
expired or, if an appeal is filed, until the appeal has been finally
determined.


708.420.  The notice of lien under Section 708.410 shall contain all
of the following:
   (a) A statement that a lien has been created under this article
and the title of the court and the cause and number of the pending
action or proceeding in which the notice of lien is filed.
   (b) The name and last known address of the judgment debtor.
   (c) The name and address of the judgment creditor.
   (d) The title of the court where the judgment creditor's money
judgment is entered and the cause and number of the action, the date
of entry of the judgment, and the date of any subsequent renewals,
and where entered in the records of the court.
   (e) The amount required to satisfy the judgment creditor's money
judgment at the time the notice of lien is filed in the action or
proceeding.
   (f) A statement that the lien attaches to any cause of action of
the judgment debtor that is the subject of the action or proceeding
and to the judgment debtor's rights to money or property under any
judgment subsequently procured in the action or proceeding.
   (g) A statement that no compromise, dismissal, settlement, or
satisfaction of the pending action or proceeding or any of the
judgment debtor's rights to money or property under any judgment
procured therein may be entered into by or on behalf of the judgment
debtor, and that the judgment debtor may not enforce the judgment
debtor's rights to money or property under any judgment procured in
the action or proceeding by a writ or otherwise, unless one of the
following requirements is satisfied:
   (1) The prior approval by order of the court in which the action
or proceeding is pending has been obtained.
   (2) The written consent of the judgment creditor has been obtained
or the judgment creditor has released the lien.
   (3) The money judgment of the judgment creditor has been
satisfied.
   (h) A statement that the judgment debtor may claim an exemption
for all or any portion of the money or property within 30 days after
the judgment debtor has notice of the creation of the lien and a
statement that, if the exemption is not claimed within the time
allowed, the exemption is waived.


708.430.  (a)  The court in which the action or special proceeding
is pending may permit a judgment creditor who has obtained a lien
under this article to intervene in the action or proceeding pursuant
to Section 387.
   (b) For the purposes of Sections 708.450 and 708.470, a judgment
creditor shall be deemed to be a party to the action or special
proceeding even though the judgment creditor has not become a party
to the action or proceeding under subdivision (a).



708.440.  (a)  Except as provided in subdivision (c) of Section
708.410, unless the judgment creditor's money judgment is first
satisfied or the lien is released, the judgment recovered in the
action or special proceeding in favor of the judgment debtor may not
be enforced by a writ or otherwise, and no compromise, dismissal,
settlement, or satisfaction of the pending action or special
proceeding or the judgment procured therein may be entered into by or
on behalf of the judgment debtor, without the written consent of the
judgment creditor or authorization by order of the court obtained
under subdivision (b).
   (b)  Upon application by the judgment debtor, the court in which
the action or special proceeding is pending or the judgment procured
therein is entered may, in its discretion, after a hearing, make an
order described in subdivision (a) that may include such terms and
conditions as the court deems necessary. The application for an order
under this subdivision shall be made on noticed motion. The notice
of motion shall be served on the judgment creditor. Service shall be
made personally or by mail.



708.450.  (a) If a lien is created under this article, the judgment
debtor may claim that all or any portion of the money or property
that the judgment debtor may recover in the action or special
proceeding is exempt from enforcement of a money judgment. The claim
shall be made by application on noticed motion to the court in which
the action or special proceeding is pending, filed and served on the
judgment creditor not later than 30 days after the judgment debtor
has notice of the creation of the lien. Service shall be made
personally or by mail. The judgment debtor shall execute an affidavit
in support of the application that includes all the matters set
forth in subdivision (b) of Section 703.520. No notice of opposition
to the claim of exemption is required. The failure of the judgment
debtor to make a claim of exemption under this section constitutes a
waiver of the exemption.
   (b) The court may determine the exemption claim at any time prior
to the entry of judgment in the action or special proceeding or may
consolidate the exemption hearing with the hearing on a motion
pursuant to Section 708.470.
   (c) If the judgment debtor establishes to the satisfaction of the
court that the right of the judgment debtor to money or property
under the judgment in the action or special proceeding is all or
partially exempt from enforcement of a money judgment, the court
shall order the termination of the lien created under this article on
the exempt portion of the money or property.



708.460.  (a) If a lien is created pursuant to this article, the
court clerk shall endorse upon the judgment recovered in the action
or special proceeding a statement of the existence of the lien and
the time it was created.
   (b) Any abstract issued upon the judgment shall include a
statement of the lien in favor of the judgment creditor.



708.470.  (a) If the judgment debtor is entitled to money or
property under the judgment in the action or special proceeding and a
lien created under this article exists, upon application of any
party to the action or special proceeding, the court may order that
the judgment debtor's rights to money or property under the judgment
be applied to the satisfaction of the lien created under this article
as ordered by the court. Application for an order under this section
shall be on noticed motion. The notice of motion shall be served on
all other parties. Service shall be made personally or by mail.
   (b) If the judgment determines that the judgment debtor has an
interest in property, the court may order the party having custody or
control of the property not to transfer the property until it can be
levied upon or otherwise applied to the satisfaction of the lien
created under this article.
   (c) If the court determines that a party (other than the judgment
debtor) having notice of the lien created under this article has
transferred property that was subject to the lien or has paid an
amount to the judgment debtor that was subject to the lien, the court
shall render judgment against the party in an amount equal to the
lesser of the following:
   (1) The value of the judgment debtor's interest in the property or
the amount paid the judgment debtor.
   (2) The amount of the judgment creditor's lien created under this
article.



708.480.  A lien created under this article may be enforced by any
applicable procedure:
   (a) After the judgment subject to the lien is entered and the time
for appeal from the judgment has expired.
   (b) If an appeal is filed from the judgment subject to the lien,
after the appeal is finally determined.


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