Judge: Curtis A. Kin, Case: 24STLC06664, Date: 2025-01-23 Tentative Ruling

Case Number: 24STLC06664    Hearing Date: January 23, 2025    Dept: 86

APPLICATION FOR RIGHT TO ATTACH ORDER

Date:               1/23/25 (1:30 PM)

Case:                           Nature’s Produce v. Fresh Start Healthy Meals Inc. (24STLC06664)

TENTATIVE RULING:

Plaintiff Nature’s Produce’s UNOPPPOSED application for right to attach order with respect to defendant Fresh Start Healthy Meals 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 Nature’s Produce’s claim is for amounts due under an agreement, part written and part oral, whereby defendant Fresh Start Healthy Meals Inc. agreed to pay all invoices for produce according to the terms stated therein. (Polisky Decl. ¶ 2 & Ex. A.) On 8/26/24, plaintiff issued an invoice to defendant reflecting an outstanding balance of $11,365.75 for produce sold in June 2024. (Polisky Decl. ¶ 4 & Ex. B.) Defendant never made any complaints about produce sold by plaintiff in June 2024. (Polisky Decl. ¶ 3; Davila Decl. ¶ 2.) Defendant has not paid the balance due. (Polinsky Decl. ¶¶ 4, 5; Davila Decl. ¶ 3.)

In addition to the outstanding balance due, plaintiff requests to attach an additional $1,000 for costs, which the Court finds to be reasonable.

Based on the foregoing, the application will be granted in the amount of $12,365.75 ($11,365.75 outstanding balance + $1,000.00 costs). No Writ shall issue unless plaintiff has posted a bond in the amount of $10,000. (CCP § 489.220.) By no later than 1/28/25, plaintiff shall submit a proposed order on the applicable Judicial Council form that comports with the ruling herein.