Motion: By Plaintiff Ezequel Guzman for a Right to Attach Order against Defendant La Daga Investments, LLC.
Tentative Ruling:
To grant the application for writ of attachment. The undertaking shall be in the amount of $10,000.00. Proof of undertaking will be filed with the Court before the writ will be issued.
Explanation:
Attachment is a prejudgment remedy that allows a creditor to have a lien on the debtor’s assets until final adjudication of the claim sued upon. (Code Civ. Proc., §481.010, et seq.) A creditor must follow statutory guidelines in applying for the attachment and establish a prima facie claim. (Lorber Industries of Calif. v. Turbulence, Inc. (1985) 175 Cal.App.3d 532, 535.)
An attachment may be issued only if the claim sued upon meets the following requirements: (1) it is a claim for money based on a contract, express or implied; (2) the contract is for an amount not less than $500; (3) the claim is either unsecured or secured by personal property; and (4) it is a commer
Hearing Date
February 27, 2018
Type
06 Unlimited - Breach of Contract/Warranty
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Motion: By Plaintiff Ezequel Guzman for a Right to Attach Order against Defendant La Daga Investments, LLC.
Tentative Ruling:
To grant the application for writ of attachment. The undertaking shall be in the amount of $10,000.00. Proof of undertaking will be filed with the Court before the writ will be issued.
Explanation:
Attachment is a prejudgment remedy that allows a creditor to have a lien on the debtor’s assets until final adjudication of the claim sued upon. (Code Civ. Proc., §481.010, et seq.) A creditor must follow statutory guidelines in applying for the attachment and establish a prima facie claim. (Lorber Industries of Calif. v. Turbulence, Inc. (1985) 175 Cal.App.3d 532, 535.)
An attachment may be issued only if the claim sued upon meets the following requirements: (1) it is a claim for money based on a contract, express or implied; (2) the contract is for an amount not less than $500; (3) the claim is either unsecured or secured by personal property; and (4) it is a commer