Judge: Curtis A. Kin, Case: 23STCV08118, Date: 2023-07-11 Tentative Ruling

Case Number: 23STCV08118    Hearing Date: July 11, 2023    Dept: 82

APPLICATION FOR WRIT OF ATTACHMENT

Date:               7/11/23 (9:30 AM)                                         

Case:                                       Flagstar Bank, N.A. v. Imani Travis Halley (23STCV08118)

TENTATIVE RULING:

Plaintiff Flagstar Bank, N.A.’s UNOPPOSED application for writ of attachment is GRANTED.

As a preliminary matter, the declaration of plaintiff’s representative was not executed under penalty of perjury under the laws of the State of California, as required under CCP § 2015.5. (See Budoff Decl.) Because the motion is unopposed, the Court finds that the defect is harmless under the circumstances. (Hearn v. Howard (2009) 177 Cal.App.4th 1193, 1204.) Plaintiff is admonished to comply with CCP § 2015.5 in the future.

Pursuant to CCP §484.090, the Court finds:

1. the claim is one upon which attachment may be issued;
2. plaintiff has established the probable validity of the claim;
3. attachment is not sought for any purpose other than recovery on the claim;
4. the amount to be attached is greater than zero.

Plaintiff Flagstar Bank, N.A. demonstrates that its predecessor in interest loaned money to defendant Imani Travis Halley on or about June 16, 2022 and June 29, 2012, pursuant to promissory notes and loan agreements and that defendant defaulted under both sets of agreements. (Budoff Decl. ¶¶ 5, 10-12, 16, 18, 19, 22, 24 & Exs. 1-5.)

The application is granted in the amount of $1,841,141.89.

A Writ may issue upon the posting of a bond in the amount of $10,000.  (CCP §489.220.)