Judge: Curtis A. Kin, Case: 23STCV14469, Date: 2023-09-21 Tentative Ruling

Case Number: 23STCV14469    Hearing Date: September 21, 2023    Dept: 82

APPLICATIONS FOR RIGHT TO ATTACH ORDERS

Date:               9/21/23 (1:30 PM)                                         

Case:                                       Key Star Capital Fund v. The Button/Accessory Connection (23STCV14469)                                

TENTATIVE RULING:

Plaintiff Key Star Capital Fund III, L.P.’s UNOPPOSED applications for right to attach order are CONTINUED.

The signature page for the declaration of David Moreno, which also explains the amount to be secured by the attachment, was served on September 14, 2023, less than the required 16 court days before the hearing date. (See CCP §§ 484.040(c); 1005(b).)

Moreover, the referenced Allonge, which purportedly demonstrates that Bank of America, N.A., the loan originator, assigned its rights to plaintiff, was not attached to the declaration. (Marino Decl. ¶ 12.) Accordingly, it is clear that plaintiff has any standing to seek the requested attachments. The Court requires supplemental filings to demonstrate the basis upon which plaintiff Key Star Capital Fund III, L.P. may enforce the rights of Bank of America, N.A.

Hearing on Application for Writ of Attachment (CCP 484.040) is continued to 10/5/23 at 1:30 PM in Department 82 at Stanley Mosk Courthouse.

Supplemental filings by moving party shall be filed and served on or before 9/27/23. Any

opposition thereto shall be filed and served on or before 10/2/23.

Plaintiff shall provide Notice.