Judge: Deborah C. Servino, Case: 30-2022-01288983, Date: 2023-06-16 Tentative Ruling

Plaintiff Madison-OFC Centerstone I CA LLC unopposed applications for right to attach order and writ of attachment against each of Defendants Antoinette Gupta and Julie Osborn is granted. 

Plaintiff has met its burden of proving that the requirements to obtain a writ of attachment have been met, including that:

1. the claim upon which the attachment is based is one upon which an attachment may issue;
2. plaintiff has established the probable validity of the claim;
3. the attachment is not sought for a purpose other than recovery of the claim upon which the attachment is based; and,
4. the amount to be secured by the attachment is greater than zero.

(Code of Civ. Proc., § 484.090, subd. (a).) 

Plaintiff has established the probable validity of its breach of lease claim against Defendant. “To prevail on a cause of action for breach of contract, the plaintiff must prove (1) the contract, (2) the plaintiff’s performance of the contract or excuse for nonperformance, (3) defendant’s breach, and (4) the resulting damage to the plaintiff.” (Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186, citation omitted.)

Here, Plaintiff will likely be able to show: (1) the existence of the subject lease agreement; (2) that Plaintiff performed under the agreement by providing the Realty for lease; (3) Defendants' breach of the lease, as the tenant, by failing to pay the full amount owed under the lease agreement; and, (4) that Plaintiff has been damaged in the sum of $326,213.79 for unpaid rent and charges.  (See McHenry Decl., at ¶¶ 4, 9-15; Exhs. 1, 2; Hamilton Decl., at ¶¶ 6, 8; Huskins Decl., at ¶¶ 2-3, Exh. 2; Hamilton Amd. Decl., at ¶ 8.) 

However, there is limited information to determine whether Plaintiff's estimated costs and attorney's fees in the requested amounts of $2,500 and $26,381.50, respectively, are warranted.  Thus, the court exercise its discretion to include $10,000 in fees and costs.  (Code Civ. Proc., § 482.110, subd. (b).) Plaintiff is granted each attachment in the amount of $328,020.05, which includes $10,000 in estimated costs and attorney's fees.

Plaintiff must file a $10,000 bond/undertaking before the writs of attachment will issue.  (Code Civ. Proc., §§ 489.210, 489.220, 492.090.)

Plaintiff shall give notice of the ruling