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483.010.
(a) Except as otherwise provided by statute, an attachment may be issued only in an action on a claim or claims for money, each of which is based upon a contract, express or implied, where the total amount of the claim or claims is a fixed or readily ascertainable amount not less than five hundred dollars ($500) exclusive of costs, interest, and attorney’s fees.
(b) An attachment may not be issued on a claim which is secured by any interest in real property arising from
agreement, statute, or other rule of law (including any mortgage or deed of trust of realty and any statutory, common law, or equitable lien on real property, but excluding any security interest in fixtures subject to Division 9 (commencing with Section 9101) of the Commercial Code). However, an attachment may be issued where the claim was originally so secured but, without any act of the plaintiff or the person to whom the security was given, the security has become valueless or has decreased in value to less than the amount then owing on the claim, in which event the amount to be secured by the attachment shall not exceed the lesser of the amount of the decrease or the difference between the value of the security and the amount then owing on the claim.(c) If the action is against a defendant who is a natural person, an attachment may be issued only on a claim which arises out of the conduct by the defendant of a trade, business, or
profession. An attachment may not be issued on a claim against a defendant who is a natural person if the claim is based on the sale or lease of property, a license to use property, the furnishing of services, or the loan of money where the property sold or leased, or licensed for use, the services furnished, or the money loaned was used by the defendant primarily for personal, family, or household purposes.(d) An attachment may be issued pursuant to this section whether or not other forms of relief are demanded.
The parties should be prepared to address at the hearing: (1) whether Plaintiff’s claim or claims in the action are subject to attachment, pursuant to Code of Civil Procedure section 483.010, subdivision (a); (2) whether the Plaintiffs seek an attachment on a claim which arises out of the conduct by the Defendants of a trade, business, or profession, under code of Civil Procedure section 483.010, subdivision (c); and (3) whether total amount of Plaintiff’s claim or claims is a fixed or readily ascertainable
SUZUKI MOTOR OF AMERICA, INC. V. MULLION, ET AL.
30-2017-00950188-CU-FR-CJC
Dec 22, 2017
Orange County, CA
As required by Code of Civil Procedure section 483.010, the application sufficiently shows that the claim is not secured by real property and the claim is for a minimum of $500. However, Defendant disputes certain other requirements of Code of Civil Procedure section 483.010. The Court rejects both arguments as follows.
JORDAN FARAH, ET AL. VS DEL MAR GROUP, LLC
21VECV00151
Apr 09, 2021
Los Angeles County, CA
Collections
Promisory Note
Plaintiff also provided evidence that Defendant’s debt “arose out of the conduct by the defendant of a trade, business or profession” as required by subsection (c) of Code of Civil Procedure section 483.010. (See Supplemental Decl. of B. Ramirez, ¶¶ 7-10, Exhs. 1-2; see also P. Veiguela Decl., ¶¶ 4-7, Exh. 1.)
BANK OF AMERICA, N.A. VS. MEHR
30-2017-00918885-CU-BC-CJC
Aug 22, 2017
Orange County, CA
Based upon the court’s review of plaintiff’s application, the declaration of Jason Bishop in support of the application, and the verified complaint filed in this action, 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.
STRATEGIC FUNDING SOURCE VS. BETTER AT HOME CARE-SR. LV. AST.
M-CV-0070279
Aug 21, 2018
Placer County, CA
Contract
Breach
Under section 483.010, subdivision (c), “If the action is against a defendant who is a natural person, an attachment may be issued only on a claim which arises out of the conduct by the defendant of a trade, business, or profession.” (Code Civ. Proc., § 483.010, subd. (c).) “The moving party has the burden of establishing grounds for an attachment order. [Citations.]
PEOPLE’S CAPITAL AND LEASING CORP. V. SINGH
17CECG04412
Feb 27, 2018
Fresno County, CA
Feb 14, 2011
Dismissal
Van Nuys Courthouse East
Los Angeles County, CA
Collections Case - Seller Plaintiff (General Jurisdiction)
Creditor
Collections
Aug 09, 2008
Judgment (Other)
Stanley Mosk Courthouse
Los Angeles County, CA
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
Commercial
Breach of Contract
Sep 18, 2003
Dismissal
Norwalk Courthouse
Los Angeles County, CA
Collections Case-Seller Plaintiff (General Jurisdiction)
Creditor
Collections
Jan 10, 2018
Closed
San Bernardino
San Bernardino County, CA
Breach of Contract/Warranty Unlimited
Commercial
Breach of Contract
Jan 04, 2006
Default Judgment
Stanley Mosk Courthouse
Los Angeles County, CA
Collections Case - Seller Plaintiff (General Jurisdiction)
Creditor
Collections
Alan G. Tippie (CA Bar No. 89587) alanti ie mlaw.c0m Asa S. Hami (CA Bar No. 210728) asahami mlaw.com F I LE D SUPERIOR COURT 0F CALIFQRMA Steve Bumell (CA Bar No. 286557) COUNTY 0F SAN BERNAamNo sieve. bul‘nell@gmlaw. com GREENSPOON MARDER LLP…
San Bernardino County, CA
Sep 21, 2023
Breach of Contract/Warranty Unlimited
Electronically FILED by Superior Court of California, County of Los Angeles on 10/04/2022 06:30 PM Sherri R. Carter, Executive Officer/Clerk of Court, by S. Bolden,Deputy Clerk ATTORNEY OR PARTY WITHOUT ATTORNEY INerne end Adflnsslf TELEPHONE NOJ FOR COURT USE ONLY David H. Bate {SBN 133123) {310) 348-2907 Bate & Bate LLP …
Los Angeles County, CA
Oct 04, 2022
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
He SureTec Insurance Company In The Superior Court County of Los Angeles ‘Superior Court of Califomia …
Jan 08, 2018
Default Judgment By Court - Before Trial 06/20/2018
Los Angeles County, CA
Jan 24, 2018
Contract/Warranty Breach - Seller Plaintiff (no fraud/negligence) (General Jurisdiction)
Alan G. Tippie (CA Bar No. 89587) ELECTRONICALLY FILED (Auto) alan.tippie@2mlaw.com SUPERIOR COURT OF CALIFOR Asa S. Hami (CA Bar N0. 210728) COUNTY OF SAN BERNARDINO asahami@gmlaw.com 10/19/2023 12:12 PM (CA Bar N0. 286557) Steve Burnell steveburnelléflgmlawcom 4…
San Bernardino County, CA
Oct 19, 2023
Breach of Contract/Warranty Unlimited
Electronically FILED by Superior Court of California, County of Los Angeles on 05/10/2022 01:57 AM Sherri R. Carter, Executive Officer/Clerk of Court, by K. Hung,Deputy Clerk David Y. Nakatsu, Esq. (State Bar No: 183050) THE LAW OFFICES OF DAVID Y. NAKATSU 3600 Wilshire Blvd., Suite 914 Los Angeles, California 90010 Telephone: (213) 389-0884 …
Los Angeles County, CA
May 10, 2022
Elder Abuse/Dependent Adult Abuse Case (General Jurisdiction)
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