Judge: Craig Griffin, Case: "Prelude Systems, Inc. v. Med Legal, LLC", Date: 2022-09-29 Tentative Ruling

Plaintiff, Prelude Systems, Inc.’s (“Plaintiff”) Application for Right to Attach Order/Writ of Attachment is DENIED without prejudice.

“Attachment is a prejudgment remedy which requires a court to make a preliminary determination of the merits of a dispute.”  (Lorber Industries v. Turbulence, Inc. (1985) 175 Cal.App.3d 532, 535.)  “‘[A]ttachment procedures are solely creatures of statute and ... such statutes must be strictly construed.’”  (Bank of America v. Salinas Nissan, Inc. (1989) 207 Cal.App.3d 260, 270, citing Arcata Publications Group v. Beverly Hills Publishing Co. (1984) 154 Cal.App.3d 276, 279.)

It is Plaintiff’s burden to show “(1) that [its] claim is one upon which an attachment may be issued and (2) the probable validity of such claim.”  (Bank of America, 207 Cal.App.3d at 271.)  “An application for a right to attach order must be supported by an affidavit or declaration showing that the applicant, on the facts presented, would be entitled to a judgment on the claim upon which the attachment is based.”  (Lydig Construction, Inc. v. Martinez Steel Corporation (2015) 234 Cal.App.4th 937, 944; Code Civ. Proc. § 484.030.)  “The affidavit or declaration must state the facts ‘with particularity.’”  (Lydig, 234 Cal.App.4th at 944; Code Civ. Proc., § 482.040.)

This matter came on for hearing on August 8, 2022.  At that time, the Court continued the matter to permit Plaintiff an opportunity to correct several deficiencies in the Application.  (See ROA 33.)  The Court ordered Plaintiff to file an amended application and supporting papers but no such amended application and supporting papers have been filed. 

Because Plaintiff failed to correct the deficiencies in the Application as noted by the Court in its August 8, 2022 ruling, the application is DENIED without prejudice. 

Moving party to give notice.