Judge: Curtis A. Kin, Case: 23STCV24569, Date: 2024-04-25 Tentative Ruling

Case Number: 23STCV24569    Hearing Date: April 25, 2024    Dept: 86

APPLICATION FOR RIGHT TO ATTACH ORDER

Date:               4/25/24 (1:30 PM)

Case:                           Hermozo Textile, LLC v. Reunion Apparel, Inc. et al. (23STCV24569)

TENTATIVE RULING:

Plaintiff Hermozo Textile, LLC’s UNOPPOSED application for right to attach order with respect to defendant Reunion Apparel, Inc. is GRANTED.

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; and
4. the amount to be attached is greater than zero.

Plaintiff presents invoices for fabrics that were billed to defendant Reunion Apparel, Inc. between July 2022 and March 2023. (Malekan Decl. ¶ 6 & Ex. 1.) The invoices provided that claims must be provided within 5 days of receipt of goods. (Ibid.) The invoices also provided that defendant agrees to pay attorney fees incurred in collection. (Ibid.) Defendant accepted the shipments without dispute. (Id. ¶ 10.)  Defendant has not paid the invoices in any amount. (Id. ¶ 8.) A balance of $25,833.43 remains outstanding. (Id. ¶ 8 & Ex. 2.)

Based on the foregoing, the application will be granted in the amount of $30,833.43, which includes the outstanding balance of $25,833.43, plus estimated costs of $2,500.00 and estimated allowable attorney fees of $2,500.00. (Malekan Decl. ¶ 6 & Ex. 1.)

The Writ will issue upon the posting of bond in the amount of $10,000. (CCP § 489.220.)

The Court will sign the proposed Right to Attache Order and Order for Issuance of Writ of Attachment After Hearing (Form AT-120), electronically received March 12, 2024.