Published: 2015-07-08
Key Benefits:
A wrongful attachment consists of any of the following:
(a) The levy under a writ of attachment or the service of a temporary protective order in an action in which attachment is not authorized, except that it is not a wrongful attachment if both of the following are established:
(1) The levy was not authorized solely because of the prohibition of subdivision (c) of Section 483.010.
(2) The person who sold or leased, or licensed for use, the property, furnished the services, or loaned the money reasonably believed that it would not be used primarily for personal, family, or household purposes.
(b) The levy under a writ of attachment or the service of a temporary protective order in an action in which the plaintiff does not recover judgment.
(c) The levy under writ of attachment obtained pursuant to Article 3 (commencing with Section 484.510) of Chapter 4 or Chapter 5 (commencing with Section 485.010) on property exempt from attachment except where the plaintiff shows that the plaintiff reasonably believed that the property attached was not exempt from attachment.
(Amended by Stats. 1982, Ch. 1198, Sec. 53. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
(a) The liability of a plaintiff for causing a wrongful attachment under Section 490.010 includes both of the following:
(1) All damages proximately caused to the defendant by the wrongful attachment.
(2) All costs and expenses, including attorney’s fees, reasonably expended in defeating the attachment.
(b) The liability of a plaintiff for wrongful attachment pursuant to Section 490.010 is limited by the amount of the undertaking.
(Amended by Stats. 1982, Ch. 1198, Sec. 54. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
The amount of any recovery for wrongful attachment shall be offset insofar as possible against any unsatisfied amounts owed to the plaintiff by the defendant on the judgment in the action for which wrongful attachment damages are awarded.
(Added by Stats. 1974, Ch. 1516.)
Nothing in this chapter limits the right to recover for damages caused by an attachment or protective order on any common law theory of recovery.
(Added by Stats. 1974, Ch. 1516.)