482.120. Â
If the court determines at the hearing on issuance of a writ of attachment under this title that the value of the defendant’s interest in the property described in the plaintiff’s application clearly exceeds the amount necessary to satisfy the amount to be secured by the attachment, the court may direct the order of levy on the property described in the writ or restrict the amount of the property to be levied upon.
While the court has discretion under Code of Civil Procedure section 482.120 to restrict the property subject to attachment, the court cannot exercise such discretion based on the briefing and evidence (or lack thereof) provided by Defendant Petrosyan.
PRIME ELECTRIC WHOLESALE, CORP VS ARA PETROSYAN, ET AL.
23STCV07227
Dec 20, 2023
Los Angeles County, CA
While the court agrees that Plaintiffs are entitled to only one commission, no matter who pays it, Defendants have a remedy for wrongful attachment under CCP section 482.120 should Plaintiffs attach excessive property. Plaintiffs seek $9,442 in estimated attorney fees. This estimate is unsupported by an attorney declaration, but Plaintiffs acceptably rely on LASC 3.214’s schedule of attorneys’ fees. Nonetheless, no additional amount can be awarded.
D/AQ CORPORATION ET AL VS EDSON'S INVESTMENTS INC ET AL
BC709491
Sep 20, 2018
Los Angeles County, CA
Furthermore, CCP section 482.120 directs the court to determine whether the value of the defendants interest in the property described in the plaintiffs application clearly exceeds the amount necessary to satisfy the amount to be secured by the attachment. (bold italics added.) Thus, the relevant question for purposes of excessive attachment is whether the value of Cross-Defendants personal assets clearly exceeds the amount of attachment.
TEXARKANA HOSPITALITY, LLC., A TEXAS LIMITED LIABILITY COMPANY, ET AL. VS BANK OF HOPE, A CALIFORNIA CORPORATION, ET AL.
21STCV33008
Oct 25, 2022
Los Angeles County, CA
For this reason, Larsson requests that the court restrict the property to be levied upon to the Tennessee Avenue Property pursuant to CCP section 482.120. Larsson Opp. at 7-8. Larsson’s argument is based on conjecture. Bank is not limited to collection of a judgment through forcing the sale of real property. There are numerous reasons for Bank to seek attachment of property other than in real property.
CITIZENS BUSINESS BANK, A CALIFORNIA CORPORATION VS 30SIXTY ADVERTISING & DESIGN, INC., A CALIFORNIA CORPORATION, ET AL.
20STCV34322
Jan 21, 2021
Los Angeles County, CA
Contract
Breach
Section 482.110.
2 pages
ORIGINAL ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): TELEPHONE NO.: HLEO F6R C&OdXuSE ONIrY r—\ …
Dec 20, 2011
Sacramento County, CA
Mar 20, 2012
Breach of Contract/Warranty
2 pages
ORIGINAL ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): TELEPHONE NO.: HLEO F6R C&OdXuSE ONIrY r—\ …
Dec 20, 2011
Sacramento County, CA
Mar 20, 2012
Unlimited Civil
6 pages
DANIEL J. MULLIGAN [103129 Electronically JENKINS MULLIGAN & GABRIEL LLP 4079 Governor Drive, 5015 wens or ‘S053 County of San Mateo San Diego, CA 92122 Telephone: (858) 529-2372 By. Is Marcela Enriquez Email: dan@jmglawoffices.com Attorneys for Defendant Walter C. Li SUPERIOR …
6 pages
ann fe w DANIEL J. MULLIGAN [103129] JENKINS MULLIGAN & GABRIEL LLP 4079 Governor Drive, 5015 San Diego, CA 92122 Telephone: (858) 529-2372 Email: dan@jmglawoffices.com Attorneys for Defendant Walter C. Li SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO BAYMARK FINANCIAL, INC. and MARGUERITE HEISER, Plaintiffs, v. WALTER C. LI and DOES 1 -20, inclusive. Defendants. Case No. Case No. 22-CIV-02538 MEMORANDUM IN OPPOSITION TO APPLICATION FOR RIGHT TO ATTACH…
5 pages
di er eg ogre “eo. i ce *3097121* oN ~ 1 MONTE 8. TRAVIS [SB #84032] ROBERT P. TRAVIS [SB #182667] 2 TRAVIS & PON …
Mar 26, 2004
Alameda County, CA
Apr 12, 2004
Unlimited Civil
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