Judge: James A. Mangione, Case: 37-2023-00023690-CU-BT-CTL, Date: 2024-05-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 17, 2024

05/17/2024  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Business Tort Motion Hearing (Civil) 37-2023-00023690-CU-BT-CTL BATLEY ENTERPRISES VS BENNETT [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Cross-Complainants Curtis DeWeese, trustee of the Curtis Dale DeWeese 2008 Trust, Nick J. Rasic, and Kevin Livingston's Application for Writ of Attachment is granted.

The Court finds that the statutory requirements of CCP §§ 483.010 and 487.010 are satisfied.

Furthermore, the Court makes the following findings: (1) the claim is proper for attachment, (2) Cross-Complainants have established probable validity of their breach of guaranty claim, (3) the attachment is not for any purpose other than recovery on the breach of guaranty claim and (4) the $1,788,436 amount is reasonable.

The Court does not address Cross-Defendant's election of remedy argument. This issue is separate from the writ of attachment and therefore, not properly before the Court. Additionally, Cross-Defendant's claims of exemption will be adjudicated at a subsequent hearing.

Cross-Complainants are directed to file a $10,000 undertaking pursuant to CCP § 489.220(a) within fifteen (15) days.

The minute order is the order of the Court.

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