Judge Joel R Wohlfeil, Case 37-2023-00002196-CU-CO-CTL 2023-09-15 Tentative Ruling

Judge: Joel R Wohlfeil, Case: 37-2023-00002196-CU-CO-CTL, Date: 2023-09-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 13, 2023

09/15/2023 09:00:00 AM C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited Contract - Other Motion Hearing (Civil) 37-2023-00002196-CU-CO-CTL JAG WELDING FAB & SERVICES INC VS PACIFIC SHIP REPAIR AND FABRICATION INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 07/14/2023

The unopposed Motion (ROA # 22, 24, 25) of Plaintiff JAG Welding, Fab & Services, Inc. ('Plaintiff' or 'JAG WFS') for a Right to Attach Order ('RTAO') and a Writ of Attachment ('Writ') against the property subject to attachment of Defendant PacShip Repair and Fabrication, Inc. ('Defendant' or 'PacShip'), is GRANTED in the amount of $929,099.83. Code Civ. Proc. 483.010.

The Court finds that the claim is one on which attachment may issue. Id. Plaintiff has failed to file an undertaking as required by Code of Civil Procedure section 489.210. Thus, although this Motion is granted, issuance of the writ of attachment order is conditioned upon satisfying the minimum undertaking requirement in the amount of $10,000. Code Civ. Proc. 489.220; and see Ahart, Cal. Prac. Guide: Enforcing Judgments & Debts (The Rutter Group 2023) at ¶ 4:278.

The Court will sign the proposed order - ROA # 26 - as completed, at the hearing of this Motion.

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2996100