What is a Writ of Attachment?

Useful Rulings on Writ of Attachment

Recent Rulings on Writ of Attachment

REDDING VS. BOGUESS

HEARING ON APPLICATION FOR RIGHT TO ATTACH ORDER & WRIT OF ATTACHMENT FILED BY PLAINTIFFS * TENTATIVE RULING: * Continued to 8/26/20 at request of moving party to effectuate service.

  • Hearing

    Jul 15, 2020

EDPO LLC DBA EXPO PROPANE FKA EXPO PROPANE, INC. VS DESTINATION SHUTTLE SERVICES, LLC, ET AL.

Application for Right to Attach Order and Writ of Attachment The court considered the moving, untimely objection, and reply papers. RULING The motion is GRANTED in the amount of $97,980.00.

  • Hearing

    Jul 15, 2020

  • Type

    Collections

  • Sub Type

    Collections

RANCHO NUEVO HARVESTING, INC. V. MELONCO, LLC

The agreements thus contemplate that an arbitrator can provide a provisional remedy, such as a writ of attachment, if appropriate.[1] Courts generally have no authority to grant a writ of attachment before the designated dispute resolution process is pursued. In China National Metal Products Import/Export Co. v. Apex Digital (C.D.

  • Hearing

    Jul 14, 2020

STILLWELL MADISON, LLC, A DELAWARE LIMITED LIABILITY COMPANY VS GIRARDI & KEESE, A CALIFORNIA GENERAL PARTNERSHIP, ET AL.

No writ of attachment shall issue against any Defendant until Stillwell posts a $10,000 undertaking against that Defendant.

  • Hearing

    Jul 14, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

CIT BANK, N.A. V. SINGH, ET AL.

Explanation: As the party identified in the Notice of Stay, the writ of attachment cannot proceed against Defendant Singh at this time. (11 U.S.C. § 362(a)(2).) Furthermore, although Defendant Annanoor Transport, Inc. is not identified in the Notice of Stay, the automatic stay likely applies to the writ application since it seeks to recover assets in which Defendant Singh might possess a legal or equitable interest in given his status within Annanoor Transport, Inc.

  • Hearing

    Jul 13, 2020

3M PARTS, INC. V. P&B INTERMODAL SERVICES, LLC

Application for Right to Attach Order and Order for Issuance of Writ of Attachment Plaintiff 3M Parts, Inc. (“Plaintiff”) seeks a right to attach order and a writ of attachment against Defendant P&B Intermodal Services, LLC (“Defendant”). The Court notes as an initial matter that this application was initially set to be heard on 4/13/2020, but on 5/18/2020 it was continued to 7/13/2020 because of the Court’s closure due to the COVID-19 pandemic.

  • Hearing

    Jul 13, 2020

KAPLAN V. CARINGELLA

However, the October 2, 2020 hearing on Defendant’s application for right to attach order/writ of attachment shall remain on calendar. (See Code Civ. Proc., § 1281.8, subd. (b).) An arbitration status conference is scheduled for January 15, 2021 at 9 am in Department C21. Plaintiff shall give notice of the ruling and of the January 15, 2021 arbitration status conference.

  • Hearing

    Jul 10, 2020

JOHNSON VS. JOINER

Joiner Trust, and (3) Plaintiff’s Application for Right to Attach Order and Order for Issuance of Writ of Attachment against William G. Joiner. Defendants to give notice.

  • Hearing

    Jul 09, 2020

L.A. NOOSHA, INC., A CORPORATION VS RAPHAEL AHARONOFF, AN INDIVIDUAL, 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

    Jul 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MURGIL CAPITAL, LLC VS. ALPINE CREEK CAPITAL PARTNERS, LLC

Accordingly, Plaintiff’s unopposed application for right to attach and writ of attachment is GRANTED with adjustments as set forth above. Before the writ of attachment may issue, Plaintiff must post an undertaking in the amount of $10,000.00. (CCP §§ 489.210, 489.220.) Moving party to give notice.

  • Hearing

    Jul 09, 2020

CHATSWORTH CAS, LLC VS OREN LANG

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

    Jul 07, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

BRAND PRODUCE, INC. VS ENCINO GLATT MARKET, INC.

.); and (5) a description of the property to be attached under the writ of attachment and a statement that the plaintiff is informed and believes that such property is subject to attachment. (Code Civ. Proc., § 484.020.)

  • Hearing

    Jul 06, 2020

  • Type

    Contract

  • Sub Type

    Breach

XIUWEI YU, ET AL. VS YEN CHUAN CHANG

RELIEF REQUESTED: Plaintiffs move for a right to attach order and writ of attachment for $216,466.54. DISCUSSION: Standard of Review Code of Civ.

  • Hearing

    Jul 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

PENSKE TRUCK LEASING CO., L.P. VS JUMBO INC.

19-15280 Penske Attachment 7/15/2020 Plaintiff Penske Truck Leasing Company, LP applies for a Right to Attach Order and issuance of a Writ of Attachment against Defendant Jumbo Logistics LLC. Having read and considered the written petition, opposition, and reply, the court issues the following tentative ruling: Notice has been served. Plaintiff contends that Defendant breached its lease agreement.

  • Hearing

    Jul 04, 2020

DONZELLI VS. HOMETOWN SERVICES

HEARING ON APPLICATION FOR RIGHT TO ATTACH ORDER & WRIT OF ATTACHMENT FILED BY PLAINTIFF * TENTATIVE RULING: * Taken off calendar by moving party.

  • Hearing

    Jul 01, 2020

JOSE VAZQUEZ , ET AL. VS ALMA HERNANDEZ , ET AL.

Judge Mary Strobel Hearing: June 30, 2020 19STCV42500 Tentative Decision on Application for Writ of Attachment Plaintiff Jose Vazquez (“Plaintiff”) move for a writ of attachment against Defendant Alma Hernandez (“Defendant”) for $1,150,284.69, including with respect to Defendant’s real property located at 14980 Rancho Santa Fe Farms Road, Rancho Santa Fe, CA 92067.

  • Hearing

    Jun 30, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

IBORROW REIT, LP, A DELAWARE LIMITED PARTNERSHIP VS LONG HA

No writ of attachment shall issue against a Defendant until iBorrow posts a $10,000 bond for that Defendant.

  • Hearing

    Jun 30, 2020

YAIR BEN MOSHE VS. UZRAD LEW

The file shows that the matter did involve discovery motions, a request for entry of default, as well as a writ of attachment petition. It appears that the matter was resolved entirely in favor of plaintiff and was resolved very efficiently through the summary judgment procedure. The billings appear to be in order and are limited to fees and expenses related to this matter. [Brown Decl., Ex. B]. Overall, the fees sought do not appear disproportionate to the work done or the result obtained.

  • Hearing

    Jun 26, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

  • County

    Los Angeles County, CA

HITACHI CAPITAL AMERICA CORP VS OT TRUCKLINES, INC., A CALIFORNIA CORPORATION, ET AL.

OT Trucklines, et al. 19TRCV00834 Hitachi Capital America Corp.’s Application for Right to Attach Order and for Issuance of Writ of Attachment as to OT Trucklines Hitachi Capital America Corp.’s Application for Right to Attach Order and for Issuance of Writ of Attachment as to Tom Pongil Kim TENTATIVE RULING Hitachi Capital America Corp.’s Applications for Right to Attach Order and for Issuance of Writs of Attachment are granted.

  • Hearing

    Jun 26, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

JIEYUN CUI VS CHUN-NAN LO, ET AL.

WRIT OF ATTACHMENT [CCP § 484.010 et. seq., 485.210] Moving Party: Plaintiff Jieyun Cue Responding Party: Defendants Chun Nan Lo and PID-5, LP (No Opposition) RULING: Application for writ of attachment is STAYED pursuant to this court’s August 30, 2020 order staying this action until the matter is arbitrated according to the Subscription Agreement and arbitration provisions therein.

  • Hearing

    Jun 26, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • County

    Los Angeles County, CA

JIEYUN CUI VS CHUN-NAN LO, ET AL.

WRIT OF ATTACHMENT [CCP § 484.010 et. seq., 485.210] Moving Party: Plaintiff Jieyun Cue Responding Party: Defendants Chun Nan Lo and PID-5, LP (No Opposition) RULING: Application for writ of attachment is STAYED pursuant to this court’s August 30, 2020 order staying this action until the matter is arbitrated according to the Subscription Agreement and arbitration provisions therein.

  • Hearing

    Jun 26, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

SMARTMED, INC. V. FIRSTCHOICE MEDICAL GROUP, INC.

“A plaintiff who suspects that the defendant-debtor has fraudulently transferred assets in order to become judgment proof may also enforce its claim against the transferred property by way of a writ of attachment.” (Whitehouse v. Six Corp. (1995) 40 Cal.App.4th 527, 533, internal citations omitted.)

  • Hearing

    Jun 25, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MCPHERSON RANE LLP VS MARK TOWLE

The Court notes that since the instant motion was filed, a right to attach order and a writ of attachment were issued by Department 82. Plaintiff’s application for a right to attach order was granted in the amount of $386,014.58, which is more than the total judgment for which the writ of execution was issued. Further, as noted by Plaintiff, the money already levied ($11,211.91) was deducted from the total amount set forth in the right to attach order. Thus, Towle’s request for return of the funds is moot.

  • Hearing

    Jun 25, 2020

BANK OF THE WEST V. EASYKLEAN, INC.

If the court determines that it has authority to issue a right to attach order and order for issuance of writ of attachment, the court makes the following tentative ruling: Plaintiff’s (Bank of the West) unopposed Application for Right to Attach Order and Order for Issuance of Writ of Attachment (Application), filed on 3-10-20 under ROA No. 16, is GRANTED. An attachment may issue only upon a claim for money based upon an express or implied contract. (Code Civ. Proc., § 483.010, subd. (a).)

  • Hearing

    Jun 23, 2020

EARTH TEK ENGINEERING CORP VS DEACON CORP ET AL

Judge Mary Strobel Hearing: June 23, 2020 BC714300 [Consolidated with BC722358, and other actions] Tentative Decision on Application for Writ of Attachment Plaintiff and Cross-Defendant Geogrid Retaining Wall Systems, Inc. (“Geogrid”) moves for a writ of attachment against Cross-Complainant and Cross-Defendant Deacon Builders, LLC, aka Deacon Corp. (“Deacon”), for $948,665.53, which includes estimated costs of $4,981.06 and estimated attorney fees of $54,061.00.

  • Hearing

    Jun 23, 2020

  • Type

    Real Property

  • Sub Type

    other

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