Judge: Curtis A. Kin, Case: 24STCV10044, Date: 2024-06-18 Tentative Ruling

Case Number: 24STCV10044    Hearing Date: June 18, 2024    Dept: 86

APPLICATION FOR RIGHT TO ATTACH ORDER

Date:               6/18/24 (1:30 PM)

Case:                           PM Capital Management LLC v. Allocated Wines, LLC (24STCV10044)

TENTATIVE RULING:

Plaintiff PM Capital Management LLC’s UNOPPOSED application for right to attach order with respect to defendant Allocated Wines, LLC 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;
4. the amount to be attached is greater than zero.

Plaintiff’s claim is for amounts owed under five Promissory Notes and one Purchase Agreement. Defendant Allocated Wines, LLC executed five Promissory Notes, pursuant to which defendant agreed to pay a total of $88,000 by the maturity dates specified therein to plaintiff. (T. Gomiashvili Decl. ¶¶ 4-8 & Exs. 1-5 [notes for $30,000, $18,000, $5,000, $25,000, and $10,000].) The five notes remain unpaid. (T. Gomiashvili Decl. ¶¶ 4-8.)

Plaintiff’s claim is also for amounts owed under a Purchase Agreement, under which defendant agreed to pay plaintiff’s assignor a total of $481,414 for bottles of wine specified in the agreement no later than July 2, 2023 – 180 days from the date of the agreement. (T. Gomiashvili Decl. ¶¶ 9, 12, 13 & Ex. 6.) Plaintiff’s assignor delivered some of the wine to defendant pursuant to defendant’s instructions, but defendant has not provided delivery instructions for the remaining bottles of wine. (T. Gomiashvili Decl. ¶ 10.) After having credited defendant’s payments, a balance of $397,914 remains under the Purchase Agreement. (T. Gomiashvili Decl. ¶ 13.)

Plaintiff seeks attachment of an additional $500 for costs. This amount is reasonable on its face. 

Accordingly, the amount to be attached is $486,414 ($88,000 Promissory Notes + $397,914 Purchase Agreement + $500 costs).

A writ shall 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 5/1/24.