Judge: Christopher K. Lui, Case: 23STCV24420, Date: 2024-10-28 Tentative Ruling

Case Number: 23STCV24420    Hearing Date: October 28, 2024    Dept: 76

Plaintiff United Guard Security, Inc. (“Plaintiff”) filed an ex parte application for writ of attachment and a temporary protective order.  The Court finds this matter suitable for decision in chambers without argument.

Plaintiff seeks to attach $642,578.20 from the sale of properties in receivership in City of Los Angeles v. Crest Apartments LP, et al., Case No. 23STCP01011.  The court denies this ex parte application for multiple reasons.  Per Local Rule 2.9, applications for Writs of Attachment must be heard in the Writs & Receivers Department, not the home court.  A party may not seek to attach funds held by a receiver without authorization of the court supervising the receivership.  Finally, Plaintiff did not serve the receiver or any of the interested parties, i.e., those in Case Number 23STCP01011.  Therefore, the court orders as follows:

1.       The court denies the ex parte application for a writ of attachment and temporary protective order without prejudice.

2.       The court orders Plaintiff to file a notice of related case in both the instant case and Case Number 23STCP01011, which is pending in Department 82 (Goorvitch, J.)

3.       Plaintiff’s counsel shall provide notice and file proof of service with the court.