Judge: Curtis A. Kin, Case: 24STCV19656, Date: 2024-10-08 Tentative Ruling

Case Number: 24STCV19656    Hearing Date: October 8, 2024    Dept: 86

APPLICATION FOR RIGHT TO ATTACH ORDER

Date:               10/8/24 (1:30 PM)

Case:                           400 CG Owner, LLC v. Employers Group (24STCV19656)

TENTATIVE RULING:

Plaintiff 400 CG Owner, LLC’s UNOPPOSED application for right to attach order with respect to defendant Employers Group is GRANTED.

Pursuant to CCP §484.090, with respect to both applications, 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.

On October 20, 2011, plaintiff 400 CG Owner, LLC’s assignor entered into a written Lease with defendant Employers Group, whereby defendant rented from plaintiff commercial premises in exchange for payment of monthly rent and other charges. (Hursh Decl. ¶¶ 2-4 & Ex. 1.) On February 23, 2021, the parties entered into a First Amendment of Lease, whereby plaintiff substituted the premises which it leased, extended the term of the Lease, and paid a lower amount of rent. (Hursh Decl. ¶ 5 & Ex. 2.) On May 1, 2024, the parties entered into a Lease Termination Agreement, whereby the Lease was terminated effective May 15, 2024 and plaintiff reserved its right to pursue claims of unpaid rent against defendant. (Hursh Decl. ¶ 6 & Ex. 3.)

Starting December 2022 up to May 15, 2024, defendant defaulted under the Lease by failing to pay rent, Common Area Maintenance, real estate taxes, signage, and electricity. (Hursh Decl. ¶¶ 8, 9.) Plaintiff seeks to attach the principal balance of $304,019.37 which remains outstanding. (Hursh Decl. ¶¶ 9, 10 & Ex. 4; see also Hursh Decl. ¶ 3 & Ex. 1 at § 2.3(a) [rent], 7.2(a) [real estate taxes], 7.3(a) [Operating Expenses], 10.1 [electricity], 10.9(c) [signage].)

Based on the foregoing, the application will be granted in the amount of $304,019.37.

Writ will issue upon the posting of bond in the amount of $10,000. (CCP § 489.220.) The Court will sign the proposed order lodged on August 16, 2024.