Statute · California Code of Civil Procedure

Cal. Civ. Proc. Code § 489.320 — Undertaking to Obtain Release of Attachment or Protective Order

Cal. Civ. Proc. Code § 489.320

Type
Statute
Source
California Code of Civil Procedure
Jurisdiction
California
Current through
Nov 2, 2026 (California Legislative Counsel)

(a) A defendant who has been served with a temporary protective order and who has appeared in the action may apply by noticed motion to the court in which the action is pending for an order terminating the temporary protective order with respect to that defendant.

Citator

Cal. Civ. Proc. Code § 489.320 — Undertaking to Obtain Release of Attachment or Protective Order is in force in the current edition of the Code, and nothing recorded condemns it.

(a) A defendant who has been served with a temporary protective order and who has appeared in the action may apply by noticed motion to the court in which the action is pending for an order terminating the temporary protective order with respect to that defendant.

(b) The defendant shall file an undertaking to pay the plaintiff the amount of any judgment recovered by the plaintiff in the action against the defendant. The amount of the undertaking filed pursuant to this section shall be equal to the amount sought to be secured by the attachment. The court shall issue the order terminating the temporary protective order with respect to the defendant upon the condition that a sufficient undertaking be filed.