Judge: Frank M. Tavelman, Case: 24BBCV00516, Date: 2024-06-21 Tentative Ruling

Case Number: 24BBCV00516    Hearing Date: June 21, 2024    Dept: A

LOS ANGELES SUPERIOR COURT

NORTH CENTRAL DISTRICT - BURBANK

DEPARTMENT A

APPLICATION FOR WRIT OF ATTACHMENT

NOTICE:

The Court is not requesting oral argument on this matter.  The Court is guided by California Rules of Court, Rule 3.1308(a)(1) whereby notice of intent to appear is requested.  Unless the Court directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party’s intention to appear and argue.  The tentative ruling will become the ruling of the court if no argument is received.  

Notice may be given either by email at BurDeptA@LACourt.org or by telephone at (818) 260-8412.

ANALYSIS: 

Leaf Capital Funding, LLC (Plaintiff) brings this action against Capital Ready Mix, Inc. and Tigran Aneian (Defendants) for breach of contract.  Plaintiff alleges that Defendants are in arrears on an agreement to lease a Caterpillar Model 988K HRC Wheel Loader.

On May 2, 2024, the Court heard Plaintiff’s ex parte Application for Issuance of Writ of Attachment. Plaintiff primarily sought to attach the potential proceeds of a settlement Defendant had reached with his insurer in federal court.  Plaintiff also sought to attach a variety of other property and funds in which Defendant purportedly has an interest, however these requests were not briefed in the application. As such, the Court granted the ex parte application as to the insurance proceeds only. The Court then continued the ex parte hearing to May 16, 2024 to allow Defendants to brief their homestead exemption arguments.

On May 16, 2024, the Court again heard the ex parte application. Based on the moving and opposition papers, the Court maintained that the application be partially granted as to the potential insurance proceeds. The Court also found that Defendants had adequately demonstrated the proceeds were subject to a homestead exemption, given that the insurance action stemmed from the loss of Aneian’s home in a fire. As such, the Court granted the homestead exemption in the amount of $699,426.00.

The Court then set a hearing date for an Application for Issuance of Writ of Attachment for June 21, 2024. This date was meant to provide the parties with the opportunity to brief the other items which Plaintiff sought to attach in its original application. The parties were to file their opposition and reply pursuant to code.

A review of the Court’s record shows that neither party has filed any briefing relevant to this application subsequent to the May 16 hearing. As such, the Court is without the information to determine whether the remaining items requested are appropriately subject to attachment, as the original briefs only addressed the insurance proceeds.

Given that neither party has filed further briefing on the matter, the Court wil order the hearing on this application off calendar. The Court upholds its previous ruling granting the ex parte application and approving Defendant’s homestead exemption.

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RULING:

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records. 

ORDER 

Leaf Capital Funding, LLC’s Application for Writ of Attachment came on regularly for hearing on June 21, 2024, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows: 

THE HEARING ON PLAINTIFF’S APPLICATION FOR WRIT OF ATTACHMENT IS OFF CALENDAR CALENDAR.

THE COURT UPHOLDS ITS PREVIOUS RULING GRANTING THE EX PARTE APPLICATION AND APPROVING DEFENDANT’S HOMESTEAD EXEMPTION.

THE CASE MANAGEMENT CONFERENCE SET FOR JULY 24, 2024 REMAINS.

UNLESS ALL PARTIES WAIVE NOTICE, PLAINTIFF TO GIVE NOTICE.

IT IS SO ORDERED. 

DATE:  June 21, 2024                            _______________________________ 

                                                                        F.M. TAVELMAN, Judge 

Superior Court of California 

County of Los Angeles