Judge: Lee W. Tsao, Case: 23NWCV02256, Date: 2023-08-16 Tentative Ruling

Case Number: 23NWCV02256    Hearing Date: August 16, 2023    Dept: C

23NWCV02256 HUIZHOU CHOP CHOP WOODSHOP ... vs HIGHLINE INDUSTRIES CORP

Plaintiff’s ex parte application for a right to attach order is DENIED on the ex parte basis.  The request may be made on regular noticed motion. 

Ex parte issuance of a Writ of Attachment is proper if, in addition to satisfying the underlying requirements for a writ of attachment, plaintiff demonstrates that it will suffer great or irreparable injury if issuance of the order is delayed until the matter can be heard on notice. (CCP § 485.010(a).) The element of “great or irreparable injury” is satisfied by showing that under the circumstances of the case any of the following:

(1) it may be inferred there is a danger that the property sought to be attached would be concealed, substantially impaired in value or otherwise “made unavailable to levy” if issuance of the order were delayed; (CCP § 485.010(b)(1))

(2) it may be inferred that the defendant has failed to pay the debt underlying the requested attachment and the defendant is insolvent in the sense that the defendant is generally not paying his or her debts as those debts become due, unless the debts are subject to a bona fide dispute. (CCP § 485.010(b)(2))

or (3) any other circumstance showing that great or irreparable injury would result to the plaintiff if issuance of the order were delayed until the matter could be heard on notice. (CCP § 485.010(b)(5)).

Plaintiff failed to demonstrate that Highland is insolvent, and simply because Highland is exploring a sale of its business, such does not establish that Highland will not pay its debt and Plaintiff will suffer irreparable injury.  Opposing Party to give notice.