Judge: Curtis A. Kin, Case: 24STCV01748, Date: 2024-04-23 Tentative Ruling

Case Number: 24STCV01748    Hearing Date: April 23, 2024    Dept: 86

APPLICATION FOR RIGHT TO ATTACH ORDER

Date:               4/23/24 (1:30 PM)

Case:                           Hanmi Bank v. Overseas Food Distribution, LLC et al. (24STCV01748)

TENTATIVE RULING:

Plaintiff Hanmi Bank’s UNOPPOSED application for right to attach order with respect to defendant Shahpour Javidzad 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’s claim is for amounts owed under an Equipment Finance Agreement (“Agreement”) between plaintiff’s assignor, BSB Leasing, Inc. (“BSB”) and defendant Overseas Food Distribution, LLC (“OFD”). (Jacobs Decl. ¶¶ 7, 10 & Exs. 1, 4; Denton Decl. ¶¶ 5, 7 & Exs. 1, 4; Myerson Decl. ¶¶ 5, 7 & Exs. 1, 4.) Under the Agreement, OFD financed the purchase of specified equipment. OFD agreed to make 60 monthly payments of $3,216.46, plus applicable taxes and insurance. (Jacobs Decl. ¶ 8(a), (b) & Ex. A at 1.) OFD agreed that, upon default, including failure to make any payment when due, BSB could declare all unpaid payments and all future payments immediately due and payable. (Jacobs Decl. ¶ 8(d)(ii) & Ex. 1 at ¶ 12.)  Defendant Shahpour Javidzad signed an Unconditional Guaranty of Equipment Finance Agreement (“Guaranty”), whereby defendant guaranteed the amounts owed by OFD under the Agreement. (Jacobs Decl. ¶ 9 & Ex. 3; Denton Decl. ¶ 6 & Ex. 3; Myerson Decl. ¶ 6 & Ex. 3.) 

OFD owes $161,474.88 under the Agreement, plus interest and late fees. (Jacobs Decl. ¶ 12.) Defendant Javidzad owes the same amount under the Guaranty. (Jacobs Decl. ¶ 12.)

Based on the foregoing, the application will be granted in the amount of $171,474.88, which includes estimated costs of $2,500.00 and estimated allowable attorney fees of $7,500.00. (Jacobs Decl. ¶ 8(d)(iv) & Ex. 1 at ¶ 12.)

The Court will sign the proposed Right to Attach Order and Order for Issuance of Writ of Attachment after Hearing, electronically received 3/7/24, subject to certain modifications.  The Order shall be as be to Shahpour Javidzad, who signed the Guaranty in an individual capacity. (Jacobs Decl. ¶ 9 & Ex. 3.)  Accordingly, the Court shall strike any reference to Javidzad and his capacity as Trustee of The Javidzad Family Trust.  While a claim against an individual may reach assets held in trust, that is not always the case.  Here, there is no showing that assets held in The Javidzad Family Trust may be attached as if they are assets of Shahpour Javidzad.  For this same reason, the Court will strike the specific reference in Attachment A to the real property located at 135 Carolyn Way, Beverly Hills, CA 90210, as the record before this Court indicates such property is held by “Shahpour Javidzad and Firouzeh Javidzad, Trustees of The Javidzad Family Trust dated December 18, 2015.”  (See Jacobs Decl. ¶ 20 & Ex. 9 [Quitclaim Deed for property].)

No Writ shall issue without the posting of bond in the amount of $10,000. (CCP § 489.220.)