What is a Writ of Attachment?

Useful Rulings on Writ of Attachment

Recent Rulings on Writ of Attachment

CITY NATIONAL BANK, A NATIONAL BANKING ASSOCIATION VS ALINA YALANSKA, IN HER CAPACITY AS EXECUTOR OF THE ESTATE OF BARRY K. ROTHMAN, ET AL.

Bank prevented collection of A/R by alleging that it was entitled to a restraining order and writ of attachment preventing Yalanska from collecting or negotiating the A/R. As a result, no collection actions have been brought on the A/R pending a ruling by the court. Belsome Decl. ¶50.

  • Hearing

PAWNEE LEASING CORPORATION VS SUNDIAL INDUSTRIES, INC., A CALIFORNIA CORPORATION, ET AL.

Accordingly, Plaintiff is ordered to post an undertaking in the amount of $10,000.00 prior to the issuance of the writ of attachment against Defendants. Plaintiff shall provide notice of this order.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  • County

    Los Angeles County, CA

TD AUTO FINANCE LLC VS NEW TECH AUTO CARE, A CALIFORNIA CORPORATION, ET AL.

CONCLUSION AND ORDER Accordingly, at this time, Plaintiff’s application for a writ of attachment is denied without prejudice. Plaintiff is ordered to provide notice of this order.

  • Hearing

  • Type

    Collections

  • Sub Type

    Promisory Note

  • County

    Los Angeles County, CA

ALCOCER VS CREDIAUTOUSA FINANCIAL COMPANY LLC

The Court GRANTS the writ of attachment requested. Plaintiff is to provide orders for the Court's signature.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

DAVID SCHWARTZ, ET AL. VS MC2 CONSTRUCTION LA, INC., A CALIFORNIA CORPORATION

Before the issuance of a writ of attachment, the plaintiff is required to file an undertaking to pay the defendant any amount the defendant may recover for any wrongful attachment by the plaintiff in the action. CCP §489.210. The undertaking ordinarily is $10,000. CCP §489.220. If the defendant objects, the court may increase the amount of undertaking to the amount determined as the probable recovery for wrongful attachment. CCP §489.220.

  • Hearing

  • Type

    Business

  • Sub Type

    Intellectual Property

ALCOCER VS CREDIAUTOUSA FINANCIAL COMPANY LLC

The Court GRANTS the writ of attachment requested. Plaintiff is to provide orders for the Court's signature.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

MASHIAN LAW GROUP VS R CHAPTER 3, LLC, ET AL.

A writ of attachment may not issue against a claim secured by real property and may only issue against a natural person when the claim arises out of the conduct of a “trade, business, or profession.” Cal. Code of Civ. Proc. §483.010.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

PAWNEE LEASING CORPORATION VS DYNAMIC WORLDWIDE TRADING

Plaintiff's Application for Writ of Attachment is granted upon the showing of the posting of a bond as required by pursuant to CCP 489.220.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

ALCOCER VS CREDIAUTOUSA FINANCIAL COMPANY LLC

The Court GRANTS the writ of attachment requested. Plaintiff is to provide orders for the Court's signature.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

ART CITY CENTER, LLC VS METROPOLITAN DISTRIBUTION CENTERS, INC., A CALIFORNIA CORPORATION, ET AL.

Case Number: 20STCV32445 Hearing Date: November 18, 2020 [Tentative] ORDER DENYING THE APPLICATION FOR WRIT OF ATTACHMENT

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

TOYOTA MOTOR CREDIT CORPORATION V. PONTUS MAG FAIRFIELD, LLC, ET AL.

Equitable remedies include declaratory relief and injunctive relief, appointment of a receiver, or a writ of attachment or writ of possession. (Hartley v. Superior Court (2011) 196 Cal.App.4th 1249, 1258 and 1260.) Specific performance is an equitable remedy to enforce performance of contractual obligations, as opposed to recovery of damages for the breach of those obligations. The cross-complaint filed by PONTUS MAG does include a cause of action for equitable indemnity.

  • Hearing

UP AND RUNNING SOFTWARE,INC., A MICHIGAN CORPORATION VS OBEN, INC., A DELAWARE CORPORATION

Before the issuance of a writ of attachment, the plaintiff is required to file an undertaking to pay the defendant any amount the defendant may recover for any wrongful attachment by the plaintiff in the action. CCP §489.210. The undertaking ordinarily is $10,000. CCP §489.220. If the defendant objects, the court may increase the amount of undertaking to the amount determined as the probable recovery for wrongful attachment. CCP §489.220.

  • Hearing

SPX FITNESS, INC. VS THRIFTY OIL CO.

Code Civil Procedure Section 489.210 requires Thrifty to file an undertaking before issuance of a writ of attachment. Code Civil Procedure Section 489.220 provides that, unless an objection has been made, “the amount of an undertaking filed pursuant to this article shall be ten thousand dollars ($10,000).” Plaintiff has not submitted an undertaking in the amount of $10,000 as required. It shall do so for each writ of attachment prior to their issuance. IT IS SO ORDERED.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

PAWNEE LEASING CORPORATION VS HAMILTON STAWSON LLC, ET AL.

Legal Standard A party may apply for a prejudgment writ of attachment based an “action on a claim or claims for money, each of which is based upon a contract, express or implied, where the total amount of the claim or claims is a fixed or readily ascertainable amount not less than five hundred dollars ($500) exclusive of costs, interest, and attorney's fees.” (Code Civ. Proc., § 483.010(a) [emphasis added].)

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

DAVID CARTER VS ZUMA PARTNERS F I, LLC, A DELAWARE LIMITED LIABILITY COMPANY, ET AL.

Before the issuance of a writ of attachment, the plaintiff is required to file an undertaking to pay the defendant any amount the defendant may recover for any wrongful attachment by the plaintiff in the action. CCP §489.210. The undertaking ordinarily is $10,000. CCP §489.220. If the defendant objects, the court may increase the amount of undertaking to the amount determined as the probable recovery for wrongful attachment. CCP §489.220.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

BANK OF THE WEST VS ENGINEERING SUPPLY CO.

Plaintiff seeks an order for issuance of a writ of attachment against Charles Madrid and Debra Madrid in the amount of $279,739.03. The application is unopposed. For the following reasons, the application is granted. Factual Background On or about February 2, 2009, defendant Engineering Supply Company executed and delivered to Bank of the West a written promissory note and commercial security agreement. (Complaint at ¶¶ 7, 8.) Pursuant to the note, Plaintiff advanced funds in the sum of $250,000.00.

  • Hearing

PACIFIC WESTERN BANK V. ROBERT W. TAKKEN

A Writ of Attachment was issued on July 3, 2018, specifically identifying the LLC. Plaintiff then sought an additional Writ of Attachment after it discovered three additional corporations and 10 additional LLCs in which Mr. Takken holds an interest. On October 4, 2018, this Court issued the additional Writ of Attachment per Plaintiff’s request. On December 13, 2018, this Court granted Plaintiff’s motion for summary judgment.

  • Hearing

HAIEM LIMITED PARTNERSHIP 2, LLC VS O'GARA COACH COMPANY, LLC

Plaintiff previously obtained a writ of attachment on 1-15-20 in the amount of $548,366.24, which was based on $493,366.24 in Base Rent from 5-1-19 through 1-1-20. Plaintiff brings this second application for writ of attachment to cover the amounts due from 5-1-20 through 11-5-20, plus additional attorney’s fees and costs. Plaintiff seeks a second writ of attachment in the amount of $734,952.76, which includes $50,000 for attorney’s fees.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  • Judge

    H. Jay Ford

  • County

    Los Angeles County, CA

SAEID KOHANDARVISH M.D. VS JAMSHID ASAF ET AL

The Court will hear argument from the parties about whether Plaintiff is facing barriers to enforcement because the judgment does not name the Trust (through its Trustees) as a defendant in this action or, in the alternative, whether it would suffice for the Court to issue an order declaring that the judgment may be satisfied by Trust assets through the pursuit of a writ of attachment or other regular enforcement measures.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

U-FINE, INC., A CALIFORNIA CORPORATION VS ESKA, INC., A CALIFORNIA CORPORATION, ET AL.

Case Number: 19STCV44385 Hearing Date: November 4, 2020 [Tentative] ORDER GRANTING APPLICATION FOR WRIT OF ATTACHMENT

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

VOIT VENTURES INC VS FAMILY HEALTH CENTERS OF SAN DIEGO INC

Accordingly, a writ of attachment shall issue in the amount of $208,900 with respect to plaintiff Voit and $400,000 with respect to plaintiff Kidder, subject to the filing of an undertaking in the amount of $10,000 by each plaintiff. Code Civ. Proc. § 489.220. Plaintiffs' request for attorney's fees and costs is denied without prejudice to being renewed at the end of the case. The amount requested is not supported by any attorney declaration. See Martino v.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

VOIT VENTURES INC VS FAMILY HEALTH CENTERS OF SAN DIEGO INC

Accordingly, a writ of attachment shall issue in the amount of $208,900 with respect to plaintiff Voit and $400,000 with respect to plaintiff Kidder, subject to the filing of an undertaking in the amount of $10,000 by each plaintiff. Code Civ. Proc. § 489.220. Plaintiffs' request for attorney's fees and costs is denied without prejudice to being renewed at the end of the case. The amount requested is not supported by any attorney declaration. See Martino v.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

LEHIGH SOUTHWEST CEMENT COMPANY, A CALIFORNIA CORPORATION VS LAS DUNAS CONCRETE TRANSPORT, INC., A CALIFORNIA CORPORATION, ET AL.

Procedural Issue As a preliminary matter, an application for a writ of attachment is a law and motion matter. CRC 3.1103(a). All law and motion matters, with inapplicable exceptions, must be accompanied by a memorandum of points and authorities. CRC 3.1113(a). Lehigh fails to comply with this requirement, and thereby fails to set forth the law of attachment and any analysis in support of her application.

  • Hearing

THE FYZZ FACILITY LIMITED, A FOREIGN CORPORATION, ORGANIZED AND EXISTING UNDER THE LAWS OF ENGLAND AND WALES VS MARK CANTON, ET AL.

Before the issuance of a writ of attachment, the plaintiff is required to file an undertaking to pay the defendant any amount the defendant may recover for any wrongful attachment by the plaintiff in the action. CCP §489.210. The undertaking ordinarily is $10,000. CCP §489.220. If the defendant objects, the court may increase the amount of undertaking to the amount determined as the probable recovery for wrongful attachment. CCP §489.220.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

H MART NORWALK, LLC, A LIMITED LIABILITY COMPANY VS SMART CHOICE SUPERMARKET, INC., A CALIFORNIA CORPORATION, ET AL.

] #8 TENTATIVE ORDER Plaintiff H Mart Norwalk, LLC’s application for a writ of attachment is GRANTED. The amount of the writ is $316,352.94, and an undertaking of $10,000 is ordered as provided for by statute. (CCP § 489.220.) Moving Party to give NOTICE. Plaintiff H Mart Norwalk, LLC applies for a writ of attachment in the sum of $1,163,487.49.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

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