NATURE OF PROCEEDINGS: HEARING 7 FOR RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT [DEFT] JOHN G WARNER
RULING
Cross-Complainant John G. Warner’s (“Warner”) Applications for Writ of Attachment for properties owned by Cross-defendants Mark Cunningham, Daniel Morgan and Third-party non-defendant Morgan Properties, Inc. are DENIED, The Court finds that Warner cannot establish “the probable validity of his claims” against Cross-defendants Mark Cunningham (“Cunningham”) or Daniel Morgan (“Morgan”). (Code Civi Proc., §483.010, subd. (a)(2)i) Specifically, the Court finds that Warner cannot demonstrate that he reasonably performed his obligations under the agreement in a manner consistent with the implied covenant of good faith and fair dealing (Pech v. Morgan (2021) 61 Ca1.App,5‘h 841, 855) based on evidence presented by Cross-defendants of Warner’s failure to disclose existing conflicts of interest or obtain conflict waivers upon discovering the conflict,
With respect to W
Hearing Date
June 23, 2021
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NATURE OF PROCEEDINGS: HEARING 7 FOR RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT [DEFT] JOHN G WARNER
RULING
Cross-Complainant John G. Warner’s (“Warner”) Applications for Writ of Attachment for properties owned by Cross-defendants Mark Cunningham, Daniel Morgan and Third-party non-defendant Morgan Properties, Inc. are DENIED, The Court finds that Warner cannot establish “the probable validity of his claims” against Cross-defendants Mark Cunningham (“Cunningham”) or Daniel Morgan (“Morgan”). (Code Civi Proc., §483.010, subd. (a)(2)i) Specifically, the Court finds that Warner cannot demonstrate that he reasonably performed his obligations under the agreement in a manner consistent with the implied covenant of good faith and fair dealing (Pech v. Morgan (2021) 61 Ca1.App,5‘h 841, 855) based on evidence presented by Cross-defendants of Warner’s failure to disclose existing conflicts of interest or obtain conflict waivers upon discovering the conflict,
With respect to W