2010 California Code
Code of Civil Procedure
Chapter 4. Hearing On Third-party Claim

720.310.  (a) Not later than 15 days after the third-party claim is
filed with the levying officer pursuant to Section 720.120 or
720.220, or 15 days after filing an undertaking pursuant to Section
720.610, either the creditor or the third person may petition the
court for a hearing to determine the validity of the third-party
claim and the proper disposition of the property that is the subject
of the claim.
   (b) The hearing may be held whether or not an undertaking has been
filed but not if a deposit has been made pursuant to Section
720.260.
   (c) The hearing shall be held within 20 days after the filing of
the petition unless continued by the court for good cause shown.



720.320.  (a)  At the time prescribed in subdivision (b) of Section
1005, the petitioner shall do both of the following:
   (1) Serve notice of the time and place of the hearing on the
creditor or the third person (whichever person is not the petitioner)
and on the debtor. Service shall be made personally or by mail.
   (2) File a copy of the notice of hearing with the levying officer.
   (b) The notice of the hearing shall include a statement that the
purpose of the hearing is to determine the validity of the
third-party claim and the proper disposition of the property that is
the subject of the third-party claim.



720.330.  Promptly after receipt of the notice of the hearing on the
third-party claim, the levying officer shall file the following
papers with the court:
   (a) The third-party claim that was filed with the levying officer
pursuant to Section 720.120 or 720.220.
   (b) Any statement filed by the creditor with the levying officer
pursuant to Section 720.280 in opposition to the third-party claim of
a secured party.
   (c) Any undertaking of the creditor filed with the levying officer
pursuant to Section 720.160 or Section 720.260.
   (d) Any undertaking to release filed by a third person pursuant to
Chapter 6 (commencing with section 720.610).
   (e) Any notice filed by a public entity pursuant to Section
720.160 or 720.260.



720.340.  If the creditor has not filed a statement with the levying
officer pursuant to Section 720.280 in opposition to a third-party
claim by a secured party:
   (a) In a case where the creditor petitions for a hearing on the
third-party claim, the creditor shall file the statement with the
court at the time the petition is filed and shall serve a copy
thereof on the secured party with notice of the hearing served
pursuant to Section 720.320.
   (b) In a case where the secured party has petitioned for a hearing
on the third-party claim, the creditor shall file the statement with
the court and serve a copy of the statement on the secured party not
later than five days before the date set for the hearing. Service
shall be made personally or by mail.



720.350.  (a) Subject to the power of the court to permit an
amendment in the interest of justice:
   (1) The third-party claim constitutes the pleading of the third
person.
   (2) In the case of a third-party claim by a secured party, the
creditor's statement constitutes the pleading of the creditor.
   (b) A third-party claim of ownership, right to possession, or a
lien, shall be deemed controverted by the creditor.



720.360.  At a hearing on a third-party claim, the third person has
the burden of proof.



720.370.  If the petition for a hearing was made by the third
person, neither the petition nor the proceedings pursuant thereto may
be dismissed without the consent of the creditor. If the petition
for a hearing was made by the creditor, neither the petition nor the
proceedings pursuant thereto may be dismissed without the consent of
the third person.



720.380.  (a) Notwithstanding any other provision of this title, the
court may make an order staying the sale of the property under a
writ or enjoining any transfer or other disposition of the property
levied upon under a writ until proceedings for the determination of
the rights of a third person can be commenced and prosecuted to
termination and may require such undertaking as it considers
necessary as a condition for making the order.
   (b) After the filing of a third-party claim, notwithstanding
Sections 720.160 and 720.260, the creditor, the debtor, or the third
person may apply to the court for an order staying the sale of the
property under a writ or enjoining any transfer or other disposition
of the property until proceedings under this article can be commenced
and prosecuted to termination. The application shall be made on
noticed motion if the court so directs or a court rule otherwise so
requires. Otherwise, the application may be made ex parte.
   (c) An order made pursuant to this section may be modified or
vacated by the court at any time prior to the termination of the
proceedings upon such terms as are just.



720.390.  At the conclusion of the hearing, the court shall give
judgment determining the validity of the third-party claim and may
order the disposition of the property or its proceeds in accordance
with the respective interests of the parties. Subject to Section
720.420, the judgment is conclusive between the parties to the
proceeding.



720.400.  No findings are required in proceedings under this
chapter.


720.410.  There is no right to a jury trial in a proceeding pursuant
to this chapter.



720.420.  An appeal may be taken from a judgment given pursuant to
Section 720.390.



720.430.  If property has been released pursuant to Section 720.170,
720.270, or 720.660, it may be levied upon or otherwise sought to be
applied to the satisfaction of the judgment only if it is determined
in the hearing on the third-party claim that the debtor has an
interest in the property that may be levied upon or otherwise applied
to the satisfaction of the judgment.