On March 09, 2020 a
Minutes - Civil -
was filed
involving a dispute between
Helena Agri-Enterprises, Llc,
Sumanpreet Singh,
and
Madison Farms, Inc.,
Sumanpreet Singh,
for Civil-Roseville
in the District Court of Placer County.
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER
Date: November 13, 2020 Time: 8:30 AM
Judge: Michael W. Jones Dept.: LM
Reporter: Clerk:
Helena Agri-Enterprises, LLC vs. Singh, Sumanpreet et (] Present
al
C] Present
_] And related Cross Action(s) Case # S-CV-0044635
Law and Motion Minutes
Proceedings RE: Motion: Other - (x2)
CJ Dropped. []Continuedto___ CT by Plaintiff[J by Defendant
(_]by Stipulation [] by Court
J Matter argued and submitted.
[-]Submitted on points and authorities without [_]argument CT appearance.
C] Motion/Petition granted. [(]Motion/Petition denied.
[-]Demurrer [] sustained [J overruled [] without [_]with leave to [|]amend [_]answer.
] Counsel appointed for:
(-]Taken under submission.
C] Debtor issworn and retired with counsel for examination.
(J Stipulation to[Judge Pro Tem []Commissioner executed in open court.
(J Counsel for to prepare the written order and submit ittoopposing counsel forapproval as
tocontent and form.
(J Other
The tentative ruling isadopted asthe rulingof the court, towit:
Application for Right to Attach Order and Writ of Attachment (Madison
Farms, Inc.)
Plaintiff’s application for writ of attachment and right to attach
order (Madison Farms, Inc.) is granted.
CQO AT A
~ —
An attachment may issue if the claim sued upon is based upon a
contract, for a fixed or readily ascertainable amount not less than
$500, that is unsecured or secured by personal property, and arising
against a defendant who is a natural person for claims arising out of
conduct by the defendant of a trade, business or profession. Code Civ.
Proc. § 483.010(c). Damages must be measurable by reference to the
contract itself, and the basis for computing damages must be reasonable
and certain. CIT Group/Equipment Financing, Inc. v. Super DVD, Inc.
(2004) 115 Cal.App.4th 537, 541. Based upon review of the plaintiff's
application, the court finds pursuant to Code of Civil Procedure
section 483.010 that plaintiff has established the probable validity of
the claim upon which the attachment is based, and that attachment is
not sought for an improper purpose.
Plaintiff is granted the right to attach any property of defendant
Madison Farms, Inc., in the amount of $127,141.41, including estimated
costs of $1,000 and estimated attorneys’ fees of $10,000. The clerk
shall issue the writ of attachment upon plaintiff’s filing of an
undertaking in the amount of $10,000.
Application for Right to Attach Order and Writ of Attachment
(Sumanpreet Singh)
Plaintiff’s request for judicial notice is granted.
Plaintiff's application for writ of attachment and right to attach
order (Sumanpreet Singh) is granted in part as set forth below.
An attachment may issue if the claim sued upon is based upon a
contract, for a fixed or readily ascertainable amount not less than
$500, that is unsecured or secured by personal property, and arising
against a defendant who is a natural person for claims arising out of
conduct by the defendant of a trade, business or profession. Code Civ.
Proc. § 483.010(c). Damages must be measurable by reference to the
contract itself, and the basis for computing damages must be reasonable
and certain. CIT Group/Equipment Financing, Inc. v. Super DVD, Inc.
(2004) 115 Cal.App.4th 537, 541. Based upon review of the plaintiff's
application, the court finds pursuant to Code of Civil Procedure
section 483.010 that plaintiff has established the probable validity of
the claim upon which the attachment is based, and that attachment is
not sought for an improper purpose.
With respect to the property to be attached, plaintiff’s application
identifies five separate parcels of real property by Assessor’s Parcel
Number: (1) APN 055-220-003-000; (2) APN 049-100-030-000; (3) 049-100-
031-000; (4) 095-080-036-000; and (5) 093-040-061-000. In response to
the court’s request for additional information evidencing defendant
Sumanpreet Singh’s ownership of the five properties, plaintiff filed a
supplemental request for judicial notice, which requests judicial
notice of grant deeds relating to parcels of real property with the
following Assessor’s Parcel Number: (1) APN 055-220-003-000; (2) APN
094-060-85-100; (3) APN 095-080-36-100; (4) APN 093-040-61-100; (5) APN
049-100-023; and (6) APN 049-100-023-000. The only Assessor’s Parcel
YN —_
Number matching a property identified in the application is APN 055-
220-003-000.
Plaintiff is granted the right to attach the real property identified
as APN 055-220-003-000, to the extent of defendant Sumanpreet Singh’s
50% interest. Attachment shall be permitted in the amount of
$379,874.02, including estimated costs of $1,000 and estimated
attorneys’ fees of $15,000. The clerk shall issue the writ of
attachment upon plaintiff’s filing of an undertaking in the amount of
$10,000.
Document Filed Date
November 12, 2020
Case Filing Date
March 09, 2020
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER Date: November 13, 2020 Time: 8:30 AM Judge: Michael W. Jones Dept.: LM Reporter: Clerk: Helena Agri-Enterprises, LLC vs. Singh, Sumanpreet et (] Present al C] Present _] And related Cross Action(s) Case # S-CV-0044635 Law and Motion Minutes Proceedings RE: Motion: Other - (x2) CJ Dropped. []Continuedto___ CT by Plaintiff[J by Defendant (_]by Stipulation [] by Court J Matter argued and submitted. [-]Submitted on points and authorities without [_]argument CT appearance. C] Motion/Petition granted. [(]Motion/Petition denied. [-]Demurrer [] sustained [J overruled [] without [_]with leave to [|]amend [_]answer. ] Counsel appointed for: (-]Taken under submission. C] Debtor issworn and retired with counsel for examination. (J Stipulation to[Judge Pro Tem []Commissioner executed in open court. (J Counsel for to prepare the written order and submit ittoopposing counsel forapproval as tocontent and form. (J Other The tentative ruling isadopted asthe rulingof the court, towit: Application for Right to Attach Order and Writ of Attachment (Madison Farms, Inc.) Plaintiff’s application for writ of attachment and right to attach order (Madison Farms, Inc.) is granted. CQO AT A ~ — An attachment may issue if the claim sued upon is based upon a contract, for a fixed or readily ascertainable amount not less than $500, that is unsecured or secured by personal property, and arising against a defendant who is a natural person for claims arising out of conduct by the defendant of a trade, business or profession. Code Civ. Proc. § 483.010(c). Damages must be measurable by reference to the contract itself, and the basis for computing damages must be reasonable and certain. CIT Group/Equipment Financing, Inc. v. Super DVD, Inc. (2004) 115 Cal.App.4th 537, 541. Based upon review of the plaintiff's application, the court finds pursuant to Code of Civil Procedure section 483.010 that plaintiff has established the probable validity of the claim upon which the attachment is based, and that attachment is not sought for an improper purpose. Plaintiff is granted the right to attach any property of defendant Madison Farms, Inc., in the amount of $127,141.41, including estimated costs of $1,000 and estimated attorneys’ fees of $10,000. The clerk shall issue the writ of attachment upon plaintiff’s filing of an undertaking in the amount of $10,000. Application for Right to Attach Order and Writ of Attachment (Sumanpreet Singh) Plaintiff’s request for judicial notice is granted. Plaintiff's application for writ of attachment and right to attach order (Sumanpreet Singh) is granted in part as set forth below. An attachment may issue if the claim sued upon is based upon a contract, for a fixed or readily ascertainable amount not less than $500, that is unsecured or secured by personal property, and arising against a defendant who is a natural person for claims arising out of conduct by the defendant of a trade, business or profession. Code Civ. Proc. § 483.010(c). Damages must be measurable by reference to the contract itself, and the basis for computing damages must be reasonable and certain. CIT Group/Equipment Financing, Inc. v. Super DVD, Inc. (2004) 115 Cal.App.4th 537, 541. Based upon review of the plaintiff's application, the court finds pursuant to Code of Civil Procedure section 483.010 that plaintiff has established the probable validity of the claim upon which the attachment is based, and that attachment is not sought for an improper purpose. With respect to the property to be attached, plaintiff’s application identifies five separate parcels of real property by Assessor’s Parcel Number: (1) APN 055-220-003-000; (2) APN 049-100-030-000; (3) 049-100- 031-000; (4) 095-080-036-000; and (5) 093-040-061-000. In response to the court’s request for additional information evidencing defendant Sumanpreet Singh’s ownership of the five properties, plaintiff filed a supplemental request for judicial notice, which requests judicial notice of grant deeds relating to parcels of real property with the following Assessor’s Parcel Number: (1) APN 055-220-003-000; (2) APN 094-060-85-100; (3) APN 095-080-36-100; (4) APN 093-040-61-100; (5) APN 049-100-023; and (6) APN 049-100-023-000. The only Assessor’s Parcel YN —_ Number matching a property identified in the application is APN 055- 220-003-000. Plaintiff is granted the right to attach the real property identified as APN 055-220-003-000, to the extent of defendant Sumanpreet Singh’s 50% interest. Attachment shall be permitted in the amount of $379,874.02, including estimated costs of $1,000 and estimated attorneys’ fees of $15,000. The clerk shall issue the writ of attachment upon plaintiff’s filing of an undertaking in the amount of $10,000.