Judge: Curtis A. Kin, Case: 23STCV27905, Date: 2024-08-15 Tentative Ruling

Case Number: 23STCV27905    Hearing Date: August 15, 2024    Dept: 86

APPLICATION FOR RIGHT TO ATTACH ORDER AND TEMPORARY PROTECTIVE ORDER

Date:               8/15/24 (1:30 PM)

Case:                           HSG (HK) Trading Limited v. Vanilla Bay et al. (23STCV27905)

TENTATIVE RULING:

Plaintiff HSG (HK) Trading Limited’s UNOPPOSED application for right to attach order and temporary protective order with respect to defendant Vanilla Bay is GRANTED IN PART.

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 garments that were billed to defendant Vanilla Bay. (Jeong Decl. ¶ 3 & Ex. 2 to Ex. 7 [Request No. 2 for defendant to admit genuineness of invoices that it received from plaintiff], ¶ 3 & Ex. 8 [defendant admitted Request No. 2].) Defendant admitted that it owes plaintiff $303,665.35, which $5,000 less than the amount stated in the Complaint. (Jeong Decl. ¶ 3 & Ex. 2 [Request No. 4 for defendant to admit that it owes plaintiff $308,665.35], ¶ 3 & Ex. 9 [defendant admitted that amount in Complaint should be reduced by $5,000]; Compl. ¶ 14 [plaintiff alleges total balance of invoices is $308,665.35].)

Plaintiff seeks to attach $10,000 in estimated costs, which the Court finds to be unsupported and excessive. The costs are reduced to $2,500.

Plaintiff asserts prejudgment interest in the amount of $48,006.40, starting from 30 days from the last invoice. Plaintiff does not state the authority supporting its assertion that “unless specified by the parties, the amount is due 30 days from the invoice date….” (Memo. of P&A at 6:14-15.) Accordingly, the basis on which plaintiff calculates interest starting from 30 days from the date of the last invoice (or for any date) is unclear. The amount to be attached shall not include prejudgment interest.

The application for right to attach order is GRANTED in the amount of $306,165.35 ($303,665.35 balance + $2,500.00 costs).

Plaintiff also seeks a temporary protective order pursuant to CCP § 486.010, et seq. In the proposed temporary protective order, plaintiff does not state the property for which it seeks to prevent transfer. (Proposed Temporary Protective Order ¶ 2(i).) Plaintiff’s argument that it generally seeks to prevent disposition of “Defendants’ properties” (Memo. of P&A at 9:18-20) is too vague for any temporary protective order to be enforceable. Considering that the amounts at issue in this action have not been reduced to judgment, it would not be in the interest of justice to issue the temporary protective order as proposed. (CCP § 486.040.) A writ of attachment sufficiently protects plaintiff’s interests.

No Writ of Attachment shall issue until plaintiff has posted a bond in the amount of $10,000. (CCP § 489.220.)

The Court will sign the proposed order, electronically received 6/3/24, with modifications accounting for the rulings herein.