← Back to Articles & Developments | Bill text below is the chaptered text as passed in 2007 and is reproduced for historical reference.
What this bill didSB 611 (Steinberg) opened California’s Attachment Law to financial elder abuse claims. It added a single provision, Welf. & Inst. Code section 15657.01, allowing a writ of attachment to issue in any action for damages under section 15657.5 for financial abuse of an elder or dependent adult. An elder, or a representative acting for one, can now have an attachment lien placed on the alleged wrongdoer’s assets before judgment, on a showing that the claim has probable validity and on posting an undertaking. The availability of attachment liens is a useful safeguard when dealing with defendants who endeavor to take the money and run.
Current statusChaptered as Stats. 2007, Ch. 45, on July 12, 2007, effective January 1, 2008. Section 15657.01 has not been amended since — the text this bill produced remains the operative statute, word for word. Current codified text also appears on the Relevant Statutes page.
Why the opening words matterThe whole force of the section lies in the phrase “notwithstanding Section 483.010 of the Code of Civil Procedure.” That is the provision confining attachment to claims for money on an express or implied contract, in a fixed or readily ascertainable amount — and, where the defendant is a natural person, to claims arising out of the conduct of a trade, business or profession. A financial elder abuse claim ordinarily satisfies none of those conditions. By displacing section 483.010, SB 611 made attachment available on a tort theory and against an individual defendant, which is what makes the remedy useful in this practice.
BUT NOTE What still appliesThe section displaces section 483.010 only. Every other provision of the Attachment Law not inconsistent with the article continues to govern — so the applicant must still establish the probable validity of the claim under Code of Civil Procedure section 484.090 and file an undertaking under section 489.210. Note the mandatory pleading requirement in the third sentence: the claimant shall refer to this section in the application for the writ. An application that recites only the general attachment statutes, without citing section 15657.01, invites denial on the ground that the claim does not qualify under section 483.010. Note finally that attachment may issue whether or not other forms of relief are demanded, so an equitable claim pleaded alongside the damages claim is no obstacle.
Chaptered Bill Text
Senate Bill No. 611 — Chapter 45, Statutes of 2007
Introduced by Senator Steinberg
Chaptered by the Secretary of State July 12, 2007
An act to add Section 15657.01 to the Welfare and Institutions Code, relating to elder and dependent adult financial abuse.
The People of the State of California Do Enact As Follows
SECTION 1. Section 15657.01 is added to the Welfare and Institutions Code, to read:
15657.01. Notwithstanding Section 483.010 of the Code of Civil Procedure, an attachment may be issued in any action for damages pursuant to Section 15657.5 for financial abuse of an elder or dependent adult, as defined in Section 15610.30. The other provisions of the Code of Civil Procedure not inconsistent with this article shall govern the issuance of an attachment pursuant to this section. In an application for a writ of attachment, the claimant shall refer to this section. An attachment may be issued pursuant to this section whether or not other forms of relief are demanded.
Bill text is a public record of the California Legislature, reproduced here as a convenience and for historical reference. It is not legal advice, and it is not a substitute for the current codified statute. Verify the operative text at leginfo.legislature.ca.gov before relying on it.