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484.090. Â
(a)Â At the hearing, the court shall consider the showing made by the parties appearing and shall issue a right to attach order, which shall state the amount to be secured by the attachment determined by the court in accordance with Section 483.015 or 483.020, if it finds all of the following:
(1)Â The claim upon which the attachment is based is one upon which an attachment may be issued.
(2)Â The plaintiff has
established the probable validity of the claim upon which the attachment is based.(3)Â The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based.
(4)Â The amount to be secured by the attachment is greater than zero.
(b)Â If, in addition to the findings required by subdivision (a), the court finds that the defendant has failed to prove that all the property sought to be attached is exempt from attachment, it shall order a writ of attachment to be issued upon the filing of an undertaking as provided by Sections 489.210 and 489.220.
(c)Â If the court determines that property of the defendant is exempt from attachment, in whole or in part, the right to attach order shall describe the exempt property and
prohibit attachment of the property.(d) The court’s determinations shall be made upon the basis of the pleadings and other papers in the record; but, upon good cause shown, the court may receive and consider at the hearing additional evidence, oral or documentary, and additional points and authorities, or it may continue the hearing for the production of the additional evidence or points and authorities.
CCP section 484.090 permits the Court to issue a writ of attachment after finding the following: 1) the Plaintiff's claim is one upon which an attachment may be issued. 2) the plaintiff has established the probable validity of the claim upon which the attachment is based; 3) the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based; and 4) The amount to be secured by the attachment is greater than zero.
KIDCO, INC. VS. MODERN EVERYDAY INC, A CALIFORNIA CORP.
EC066229
Jun 23, 2017
Los Angeles County, CA
A writ of attachment is a statutory remedy governed by CCP Section 484.090. Attachment is a harsh remedy because it causes the defendant to lose control of their property before the plaintiff’s claim is adjudicated. See Martin v. Aboyan (1983) 148 Cal.App.3d 826, 831. Because of this, the statutory requirements are strictly construed. See Kemp Bros. Construction, Inc. v. Titan Electric Corp. (2007) 146 Cal.App.4th 1474, 1476.
AFFINITO VS. AFFINITO
MSC17-00286
Apr 30, 2018
Ed Weil
Contra Costa County, CA
See Civil Procedure Code section 484.090(a)(2). Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests.
AMELIA VALDEZ VS. ERNESTO AGUIRRE ET AL
CGC12524149
Jun 19, 2013
San Francisco County, CA
See CCP Section 484.090(a); California Retail Portfolio Fund GmbH & Co. v. Hopkins Real Estate Group (2011) 193 Cal.App.4th 849, 856. No writ of attachment may issue without a right to attach order, which is granted hereby. The court finds the substantive prerequisites for an attachment exist and that plaintiff will probably prevail in the action. See CCP Section 484.010; 484.050 and 484.090.
YOHANAN VS. GARZA
MSC18-01281
Jul 18, 2018
Contra Costa County, CA
CCP section 484.090 permits the Court to issue a writ of attachment after finding the following: 1) the Plaintiff's claim is one upon which an attachment may be issued. 2) the plaintiff has established the probable validity of the claim upon which the attachment is based; 3) the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based; and 4) The amount to be secured by the attachment is greater than zero.
VIDEO EQUIPMENT RENTALS LLC VS. PRODUCTION ASSOCIATES, LLC
EC066868
Sep 29, 2017
Los Angeles County, CA
Jun 29, 2023
Dismissal
Superior
San Francisco County, CA
COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS
Creditor
Collections
Feb 04, 1998
Non-Jury Verdict
Hon. Florence-Marie Cooper
Stanley Mosk Courthouse
Los Angeles County, CA
Other Compl-not Tort or Complex (General Jurisdiction)
Apr 21, 1999
Dismissal
Stanley Mosk Courthouse
Los Angeles County, CA
Other Promissory Note/Collections (General Jurisdiction)
Creditor
Collections
Oct 24, 2023
Dismissed
Superior
San Mateo County, CA
Oct 05, 2023
Hon. Anne-Christine Massullo
Superior
San Francisco County, CA
COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS
Creditor
Collections
DAVID J. COOK, ESQ. (State Bar # 060859) COOK COLLECTION ATTORNEYS A PROFESSIONAL LAW CORPORATION 165 Fell Street, San Francisco, CA 94102-5106 ELECTRONICALLY P.O. Box 270, San Francisco, CA 94104-0270 Telephone: (415) 989-4730 FILED Superior Court of California, Facsimile: (415) 989-0491 …
Oct 05, 2023
San Francisco County, CA
Oct 10, 2023
COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS
Anne-Christine Massullo
ELECTRONICALLY F I L E D Superior Court of California, …
Dec 11, 2020
San Francisco County, CA
May 28, 2021
COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS
DAVID J. COOK, ESQ. (State Bar # 060859) COOK COLLECTION ATTORNEY: A PROFESSIONAL LAW CORPORATION 165 Fell Street, San Francisco, CA 94102-5106 ELECTRONICALLY P.O. Box 270, San Francisco, CA 94104-0270 FILED Telephone: (415) 989-4730 Superior Court of California, Facsimile: (415) 989-0491 County of …
Jun 29, 2023
San Francisco County, CA
Sep 05, 2023
COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS
Anne-Christine Massullo
DAVID J. COOK, ESQ. (State Bar # 060859) COOK COLLECTION ATTORNEYS A PROFESSIONAL LAW CORPORATION 165 Fell Street, San Francisco, CA 94102-5106 ELECTRONICALLY P.O. Box 270, San Francisco, CA 94104-0270 FILED Telephone: (415) 989-4730 Superior Court of California, Facsimile: (415) 989-0491 County o…
Jun 29, 2023
San Francisco County, CA
Sep 05, 2023
COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS
Anne-Christine Massullo
DAVID J. COOK, ESQ. (State Bar # 060859) COOK COLLECTION ATT A PROFESSIONAL LAW CORPORATION 165 Fell Street, San Francisco, CA 94102-5106 ELECTRONICALLY P.O. Box 270, San Francisco, CA 94104-0270 FILED Telephone: (415) 989-4730 Superior Court of California, Facsimile: (415) 989-0491 County of San Fr…
Jun 29, 2023
San Francisco County, CA
Sep 08, 2023
COMMON COUNTS/OPEN BOOK ACCOUNT/COLLECTIONS
Anne-Christine Massullo
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