Judge: Curtis A. Kin, Case: 24STCV01234, Date: 2024-09-03 Tentative Ruling

Case Number: 24STCV01234    Hearing Date: September 3, 2024    Dept: 86

APPLICATION FOR RIGHT TO ATTACH ORDER

Date:               9/3/24 (1:30 PM)

Case:                           Edward Skowronski v. Auto Auction Group, Inc. (24STCV01234)

TENTATIVE RULING:

Plaintiff Edward Skowronski’s UNOPPOSED application for right to attach order with respect to defendant Auto Auction Group, 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 Edward Skowronski’s claim is for amounts owed under a written Settlement Agreement and Mutual Release (“Settlement Agreement”) dated September 18, 2023. (Skowronski Decl. ¶¶ 5, 8 & Ex. 1.) The agreement was fully executed on September 28, 2023. (Stoll Decl. ¶ 4 & Ex. A.) Under paragraph 4(a) of the Settlement Agreement, within five days of execution of the agreement, defendant Auto Auction Group, Inc. agreed to pay plaintiff $48,000 for unpaid rent payments due under a commercial lease agreement through September 30, 2023. Under paragraph 4(b) of the agreement, defendant agreed to pay monthly rent in the amount of $6,000 no later than the first of each month, from October 2023 until the surrender date of January 11, 2024.

No payments due under the Settlement Agreement have been paid, including the rent owed for October, November, and December of 2023. (Skowronski Decl. ¶ 9.) Defendant vacated the premises leased under the commercial lease agreement on December 11, 2023. (Skowronski Decl. ¶ 10.) Plaintiff has retained defendant’s $5,000 security deposit. (Skowronski Decl. ¶ 11.)

Based on the foregoing, plaintiff is entitled to attachment in the amount of $61,000, calculated as follows: $48,000 for back-owed rent under paragraph 4(a) of the Settlement Agreement + $18,000 rent owed for October-December 2023 ($6,000 owed for each of the three months) under paragraph 4(b) of the Settlement Agreement - $5,000 security deposit.

A 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 attach order, electronically received 6/18/24.