Judge: Curtis A. Kin, Case: 24STCV24895, Date: 2025-01-14 Tentative Ruling

Case Number: 24STCV24895    Hearing Date: January 14, 2025    Dept: 86

APPLICATIONS (3) FOR RIGHT TO ATTACH ORDERS

Date:               1/14/25 (1:30 PM)

Case:                           Heading Profit Limited v. Luxury Lab LLC, et al. (24STCV24895)

TENTATIVE RULING:

Plaintiff Heading Profit Limited’s UNOPPOSED applications for right to attach order with respect to defendants (1) Luxury Lab LLC, (2) Tess Olivia Beauty LLC, and (3) Ross Hilton Kemper is GRANTED.

As a preliminary matter, the Court notes the initial 11/7/24 hearing for the instant three applications was continued on 11/7/24 to 11/21/24, pursuant to defendants’ ex parte application to continue the hearing date. (11/7/24 Minute Order.) On 11/21/24, after having discussed the status of the case with plaintiff’s counsel, the Court continued the hearing for the instant three applications to 1/14/25, with the briefing schedule based on the new hearing date. (11/21/24 Minute Order.) On 1/9/25, the Court denied defendants’ ex parte application to continue the hearing yet again.  Despite having had ample opportunity to be heard and oppose the applications, defendants have not filed an opposition or other response. Accordingly, the Court rules as follows:

Plaintiff’s requests for judicial notice are DENIED as “unnecessary to the resolution” of the issues before the Court. (Martinez v. San Diego County Credit Union (2020) 50 Cal.App.5th 1048, 1075.)

Pursuant to CCP §484.090, with respect to the three applications against Luxury Lab LLC, Tess Olivia Beauty LLC, and Ross Hilton Kemper 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 July 12, 2024, plaintiff Heading Profit Limited and defendant Luxury Lab LLC (“Luxury Lab”) entered into a written Loan Agreement (“Loan Agreement”), as well as a Promissory Note (“Note”) in connection therewith, whereby Luxury Lab borrowed $2,000,000 to be repaid on August 17, 2024, 30 days from the advance date of July 18, 2024. (Ng Decl. ¶¶ 2, 3, 10 & Exs. 1 at § 2.10, Ex. 2.) Defendants Tess Olivia Beauty LLC (“Tess Olivia Beauty”) and Ross Hilton Kemper signed a Guaranty as to Luxury Lab’s performance under the Loan Agreement. (Ng Decl. ¶ 6 & Ex. 3.)

Defendants failed to make the payment due on August 17, 2024. (Ng Decl. ¶ 13.) There remains a balance of $2,209,823.94, inclusive of principal, interest, default interest, late fees, and fees and costs. (Ng Decl. ¶ 22; Memo. of P & A at 6:9-22; see also Ng Decl. ¶ 2 & Ex. 1 at §§ 1.1 [interest rate and default rate], 2.1 [principal], 2.9 [late fees], 7.8 [fees and costs to enforce Loan Agreement].)

Based on the foregoing, the Court will GRANT the applications in the amount of $2,209,823.94. The writs shall issue upon the posting of three separate bonds in the amount of $10,000 as to each of the three defendants. (CCP § 489.220.) By no later than 1/24/25, plaintiff shall submit proposed orders on the applicable Judicial Council Form that comport with the ruling herein.