What is a Writ of Attachment?

Useful Rulings on Writ of Attachment

Recent Rulings on Writ of Attachment

WANG VS HAN

Plaintiffs Aijun Wang and Jinmin Lian’s (“Plaintiffs” together) Application for Writ of Attachment is DENIED. As correctly pointed out by Yong Han and Feijuan Xiong (“Defendants” together), Plaintiffs have provided no valid and admissible evidence to support their application. First, the “evidence” of bank transfers have not been authenticated, nor have they been properly translated from Chinese to English for the Court’s review.

  • Hearing

    Sep 21, 2020

JIEYUN CUI VS CHUN-NAN LO, ET AL.

The court will accordingly hear from the parties at the hearing concerning the status of the arbitration and reset the application for writ of attachment was appropriate. RULING: [No Opposition] Application for writ of attachment is STAYED pursuant to this Court’s August 30, 2019 order staying this action until the matter is arbitrated according to the Subscription Agreement and arbitration provisions therein.

  • Hearing

    Sep 18, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ABERNETHY VS. WAYNE A HAGENDORF AS TRUSTEE OF THE BUTCH TRUST, AND AS GENERAL PARTNER OF THE LAW OFFICES OF HAGENDORF & ABERNETHY

Court orders moving party to submit a Proposed Right to Attach Order and Order for Issuance of Writ of Attachment After Hearing within five (5) court days. Moving party to give notice.

  • Hearing

    Sep 18, 2020

SQI DIAGNOSTICS SYSTEMS, INC. V. PREDICTIVE HEALTH DIAGNOSTICS, INC.

The Clerk shall issue a writ of attachment upon the filing of the undertaking. Plaintiff shall give notice of the ruling.

  • Hearing

    Sep 18, 2020

DANIEL Y. NAKAMURA, ET AL. VS PEDRAM ABRAHAM MEHRIAN, ET AL.

MEHRIAN Case Number: 20STCV26766 Hearing Date: September 18, 2020 [Tentative] ORDER GRANTING APPLICATION FOR WRIT OF ATTACHMENT

  • Hearing

    Sep 18, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

RM GLOBAL TEXTILE INC. VS MAD ENGINE, LLC

Mad Engine, LLC, Judge Mary Strobel Hearing: September 17, 2020 19STCV22119 Tentative Decision on Application for Writ of Attachment: GRANTED IN PART Plaintiff RM Global Textile, Inc. (“Plaintiff”) moves for a writ of attachment against Defendant Mad Engine, LLC (“Defendant”) in the amount of $580,391.25. Procedural History On June 24, 2019, Plaintiff filed its complaint against Defendant for breach of contract, conversion, and common counts.

  • Hearing

    Sep 17, 2020

CA PROUTY LLC VS LUSYS LABORATORIES INC

Conclusion Plaintiff's motion for a right to attach order and writ of attachment is GRANTED. Plaintiff to prepare and submit the proposed order on the Judicial Council form. The writ of attachment will be issued upon the filing of an undertaking in the amount of $75,000. Plaintiff is to give notice within two court days of this ruling.

  • Hearing

    Sep 17, 2020

  • Type

    Contract

  • Sub Type

    Breach

JACKSON STOOPS VS STEPHEN WEI-LIANG LENG, ET AL.

LENG Case Number: 20STCV30395 Hearing Date: September 16, 2020 [Tentative] ORDER DENYING APPLICATION FOR WRIT OF ATTACHMENT

  • Hearing

    Sep 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

UNITED LIQUID GAS COMPANY V. KENNETH FOSTER

Defendants argue that the conflicts in evidence should be decided at trial, not on the papers, because to obtain a writ of attachment, the damages must be able to be clearly ascertained from the contract itself.

  • Hearing

    Sep 16, 2020

UNITED LIQUID GAS COMPANY V. KENNETH FOSTER

Rather, to obtain a writ of attachment, the damages must be able to be clearly ascertained from the contract itself.

  • Hearing

    Sep 16, 2020

JAN CONKLIN, ET AL. VS KND DEVELOPMENT 53, LLC, ET AL.

DISCUSSION Defendant NTI-CA requests that the court (1) set aside plaintiff’s right to attach order and (2) quash its accompanying writ of attachment, or, alternatively, (3) increase the required undertaking for the writ of attachment. Defendant argues that no contract exists between plaintiff and defendant. On July 15, 2020, the court sustained with leave to amend, the demurrer to the 2nd cause of action for breach of a third-party contract.

  • Hearing

    Sep 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

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

DISCUSSION Defendant NTI-CA requests that the court (1) set aside plaintiff’s right to attach order and (2) quash its accompanying writ of attachment, or, alternatively, (3) increase the required undertaking for the writ of attachment. Defendant argues that no contract exists between plaintiff and defendant. On July 15, 2020, the court sustained with leave to amend, the demurrer to the 2nd cause of action for breach of a third-party contract.

  • Hearing

    Sep 16, 2020

  • Type

    Collections

  • Sub Type

    Collections

FOSTER DAIRY FARMS V. EMERICK, ET AL.

The critical exhibit is the Distribution Agreement, dated June 27, 2012, which rests at the heart of the pretrial writ of attachment. Kenney Emerick has filed an answer.

  • Hearing

    Sep 15, 2020

YOON VS. LEE

Based on the above tentative to grant the Motion, the case is stayed [other than Plaintiff’s application for hearing on right to attach order/writ of attachment], pending resolution of the arbitration. Moving party to give notice.

  • Hearing

    Sep 15, 2020

MCCORMICK 107, LLC VS. HERO NUTRITIONALS

Before the writ of attachment may issue, Plaintiff must post an undertaking in the amount of $10,000.00 for each of the three applications. (Cal. Civ. Proc. Code §§ 489.210, 489.220.) Plaintiff to give notice.

  • Hearing

    Sep 14, 2020

ART SILVERI VS JEFFREY SCOTT GEORGINO, ET AL.

Accordingly, the application for writ of attachment is DENIED.

  • Hearing

    Sep 11, 2020

FCMT, INC., A CALIFORNIA CORPORATION VS DOT DOT SMILE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL.

On December 13, 2019, the court heard an application for writ of attachment filed by plaintiff as to defendant Dot Dot Smile, which was granted, with an offset. The court signed and filed a right to attach order and order for issuance of writ of attachment after hearing in the sum of $783,694.70 in favor of plaintiff and against defendant Dot Dot Smile.

  • Hearing

    Sep 11, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

GOLDMAN SACHS BANK USA VS CECILIO

The Application (ROA # 13) of Plaintiff Goldman Sachs Bank USA ("Plaintiff") for a right to attach order and writ of attachment against Defendant Craig Cecilio ("Defendant"), is DENIED. Defendant's evidentiary objections (ROA # 32) are OVERRULED IN PART and SUSTAINED IN PART. The objections to the declaration of TR Hansen are OVERRULED. The objections to the declaration of Attorney Torp are OVERRULED. The objections to Scott Sawyer are OVERRULED to no. 9 and SUSTAINED to no. 10.

  • Hearing

    Sep 10, 2020

  • Type

    Contract

  • Sub Type

    Contract - Other

ELECTED PERSONNEL L.L.C. VS CAPITAL LOGISTICS & WAREHOUSING GROUP INC, ET AL.

Accordingly, the application for a writ of attachment is denied. Ruling The application for a writ of attachment is denied. Next dates: Notice:

  • Hearing

    Sep 10, 2020

  • Type

    Contract

  • Sub Type

    Breach

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

JEREZ VS LIGHTHOUSE STRATEGIES LLC

Plaintiff Victor Jerez's application for right to attach order and issuance of writ of attachment is denied. Plaintiff has not established the probable validity of the claim. Plaintiff's reliance on a separately filed motion is inappropriate.

  • Hearing

    Sep 10, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

FCS ADVISORS,. LLC VS BEVERLY HILLS SPORTS COUNCIL, INC.

Case Number: 20STCV08265 Hearing Date: September 9, 2020 [Tentative] ORDER GRANTING APPLICATION FOR WRIT OF ATTACHMENT

  • Hearing

    Sep 09, 2020

  • Type

    Contract

  • Sub Type

    Breach

MALIBU FISH GRILL 1, INC., A CALIFORNIA CORPORATION VS SARKIS DERSARKISSIAN

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

    Sep 08, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

STEVEN JONES V. GARY CONWAY, ET AL.

On July 9, 2020, Plaintiff filed an application for right to attach order and an order for the issuance of a writ of attachment against Defendants. (Code Civ. Proc., § 484.010.) Plaintiff seeks the attachment to recover $262,000 in debt he alleges he is owed under the Contract. Plaintiff argues he is concerned that Defendants have sold and liquidated their “largest asset.” So far as the Court can tell Plaintiff does not identify what this asset is. (Jones Decl., ¶ 2.)

  • Hearing

    Sep 08, 2020

REPUBLIC INDEMNITY COMPANY OF CALIFORNIA VS ENERGY ENTERPRISES USA INC., A CALIFORNIA CORPORATION

CASE NO: 20VECV00135 [TENTATIVE] ORDER RE: APPLICATION FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT Dept. T 8:30 a.m. September 8, 2020 [TENTATIVE] ORDER: The Application for Right to Attach Order and Writ of Attachment is GRANTED. Plaintiff is to post a bond in the amount of $10,000 and serve/file Notice of Bond before attachment may occur.

  • Hearing

    Sep 08, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

PAWNEE LEASING VS CR EXPRESS HEARING ON RIGHT TO ATTACH ORDER/ ISSUANCE OF WRIT OF ATTACHMENT

Granted except that the homestead real property is exempt from attachment. “In determining the probable validity of a claim where the defendant makes an appearance, the court must consider the relative merits of the positions of the respective parties and make a determination of the probable outcome of the litigation.” (Loeb & Loeb v. Beverly Glen ...

  • Hearing

    Sep 08, 2020

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