Judge: Lee W. Tsao, Case: 23NWCV04030, Date: 2023-12-20 Tentative Ruling
Case Number: 23NWCV04030 Hearing Date: January 25, 2024 Dept: C
FOUR STARS DISTRIBUTION &
DELIVERY, LLC v. GE UNITED TECHNOLOGIES, LLC
CASE NO.: 23NWCV04030
HEARING: 01/25/24
#8
Plaintiff FOUR STAR DISTRIBITION &
DELIVERY’s unopposed application for right
to attach order against Defendant GE UNITIED TECHNOLOGIES, LLC is GRANTED. An undertaking
of
$10,000.00 is ordered
as
provided
for
by
statute.
Plaintiff FOUR STAR DISTRIBUTION & DELIVERY
(“Plaintiff”) applies for a writ of attachment against Defendant
GE UNITIED TECHNOLOGIES, LLC (“Defendant”) in the amount of $112,338.99.
At the hearing, the court shall consider the showing made by the parties appearing and shall issue a right to attach order, which shall state the amount to be secured by the attachment determined by the court in accordance with Section 483.015 or 483.020, if it finds all of the following:
1. The claim upon which the attachment is based is one upon which an attachment may be issued
2. The plaintiff has established the probable validity of the claim upon which the attachment is based
3. The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based.
(CCP § 484.090(a).)
The court's determinations shall be made upon the basis of the pleadings and other papers in the record; but, upon good cause shown, the court may receive and consider at the hearing additional evidence, oral or documentary, and additional points and authorities, or it may continue the hearing for the production of the additional evidence or points and authorities. (CCP § 484.090(d).)
CLAIM: An attachment
may
be
issued
only
in
an
action
on
a
claim
or
claims
for money,
each
of
which
is
based
upon
a
contract,
express
or
implied,
where
the
total
amount
of
the
claim
or
claims
is
a
fixed
or
readily
ascertainable
amount
not
less
than
five
hundred
dollars
($500) exclusive of costs,
interest,
and
attorney's
fees.
(CCP 483.010.) Plaintiff's
claim
against
a
natural
person
must
arise
out
of
the
defendant's
conduct
of
a
trade,
business
or
profession. (CCP §
483.010(c); Kadison, Pfaelzer,
Woodard, Quinn &
Rossi v. Wilson
(1987) 197 Cal.App.3d
1, 4. CCP 483.010.) The court
has
the
power
to
determine
disputed
facts
on
the
basis
of
preponderance
of
evidence
as
disclosed
in
the
declarations.
(Hobbs v. Weiss
(1999) 73 Cal.App.4th
76, 80.)
The claim is
for
money
and based upon written agreements, whose total sums
are
more
than
$500. The claim
is
supported
by
the
declaration
of
Eran Haroni,
attesting
that
Plaintiff and Defendant entered into an Agreement, and that Defendant
is in default. Plaintiff’s application
indicates that the
claim
arises
out
of
a
debt
owed
by
Defendant’s
trade, business, or profession. The
claim
is
proper.
PROBABLE VALIDITY: A claim
has
“probable validity” where
it
is
“more likely than
not”
that
the
plaintiff
will
obtain
a
judgment
against
the
defendant
on
that
claim. (CCP §
481.190.)
Plaintiff has established
probable
validity
of
its
claim
by
presenting
evidence
of
the Invoices between the parties.
No
Opposition has been filed as of January 22, 2024.
Accordingly, based on
a
preponderance
of
the
evidence,
the
court
find
Plaintiff’s claim
has
probable
validity because it is “more likely than not” that Plaintiff will
obtain a judgment.
PURPOSE OF ATTACHMENT:
As
stated
on
the
Application
for
Right
to
Attach
Order
(Judicial Council Form
AT-105,
No.
4), the attachment is
not
sought
for
a
purpose
other
than
the
recovery
on
the
claim
upon
which
the
attachment
is
based.
AMOUNT OF WRIT:
The
writ
will
issue
for
the
amount
of
the
claimed
indebtedness,
plus
an
amount
to
cover
costs
and
allowable
attorney
fees
as
determined
by
the
court
reduced
by…
any
security
interest
held
by
plaintiff
in
defendant's
property.
(CCP § 483.015.) A
writ
of
attachment
issued
without
the
mandated
bond
is
void.
(Vershbow v. Reiner
(1991) 231 Cal.App.3d
879, 882.) Defendant must “produce
detailed,
factual
declarations
showing
the
nature
and
extent
of
the
claimed
offset.”
(Weil & Brown,
Civil
Procedure
Before
Trial
at
9:933.)
The
amount
of
the
writ
against Defendant is $112,338.99, and an undertaking of
$10,000.00 is ordered as provided by statute. (CCP §
489.220.)