Judge Lisa K. Sepe-Wiesenfeld, Case Number: 24SMCV04924, Date: 2025-01-29 Tentative Ruling

Judge: Lisa K. Sepe-Wiesenfeld, Case: 24SMCV04924, Date: 2025-01-29 Tentative Ruling

Plaintiff Bank of Hope’s Application for Right to Attach Order and Writ of Attachment is GRANTED in the amount of $310,915.08. Plaintiff Bank of Hope shall file an undertaking in the amount of $10,000 within twenty (20) days of entry of this order.

The application for a right to attach order and writ of attachment “shall be supported by an affidavit showing that the plaintiff on the facts presented would be entitled to a judgment on the claim upon which the attachment is based.” (Code Civ. Proc., § 484.030.) “The declarations in the moving papers must contain evidentiary facts, stated ‘with particularity,’ and based on actual personal knowledge with all documentary evidence properly identified and authenticated.” (Hobbs v. Weiss (1999) 73 Cal.App.4th 76, 79-80 [citing Code Civ. Proc., § 482.040].) “In contested applications, the court must consider the relative merits of the positions of the respective parties and make a determination of the probable outcome of the litigation.” (Id. at p. 80, ellipsis and quotation marks omitted.)

(Code Civ. Proc., § 484.090, subd. (a).) “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.” (Code Civ. Proc., § 481.190.) “In the discretion of the court, the amount to be secured by the attachment may include an estimated amount for costs and allowable attorney’s fees.” (Code Civ. Proc., § 482.110, subd. (b).)

The Court shall issue a right to attach order if the claim upon which the attachment is based is one upon which an attachment may be issued. (Code Civ. Proc., § 484.090, subd. (a)(1).) “[A]n 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.” (Code Civ. Proc., § 483.010, subd. (a).)

In this case, Plaintiff Bank of Hope (“Plaintiff”)’s claims for breach of contract, money lent, and account stated against Defendant Logan Beitler, as Trustee of the Beitler Family Living Trust Dated September 19, 2008 are based on written agreements for Defendant, in her individual capacity and as a trustee of the turst, to repay the amount owed by the Beitler Family Living Trust Dated September 19, 2008, and the alleged breach thereof, and the claims exceed five hundred dollars, as Plaintiff seeks compensatory damages in the amount of $299,992.20, plus interest and fees. Accordingly, the Court finds that Plaintiff’s claims provide a proper basis for attachment.

Code of Civil Procedure section 484.090, subdivisions (a)(1) and (a)(2), state that the Court shall issue a right to attach order if “the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based . . . [and] the amount to be secured by the attachment is greater than zero.”

In this case, Plaintiff attests on Form No. AT-105 that attachment is not sought for a purpose other than the recovery on a claim upon which the attachment is based. (AT-105 ¶ 4.) Further, the amount sought to be secured is greater than zero, as Plaintiff seeks to secure an amount of $310,915.08. (AT-105 ¶ 8.) There is no indication that the application is sought for any other purpose. Accordingly, the Court determines that Plaintiff has properly set forth that the attachment is not sought for a purpose other than recovery of the claim for breach of the subject agreements, and the amount sought to be secured is greater than zero.

Code of Civil Procedure section 484.020, subdivision (e), requires “[a] description of the property to be attached under the writ of attachment and a statement that the plaintiff is informed and believes that such property is subject to attachment.” Plaintiff states that it seeks to attach the assets held in trust. (AT-105 ¶ 9(c).) It is proper to attach the assets of a trust. (Kadison, Pfaelzer, Woodard, Quinn & Rossi v. Wilson (1987) 197 Cal.App.3d 1, 5.) The Court finds that Plaintiff has properly described the property sought to be attached. (See Bank of America v. Salinas Nissan, Inc. (1989) 207 Cal.App.3d 260, 267-268.)

In this action, Plaintiff alleges that in August 2022, Defendant, on behalf of the Beitler Family Living Trust Dated February 19, 2008, received a loan from Plaintiff in the amount of $577,547.00, which would be repaid over the course of 42 consecutive monthly payments and interest payments pursuant to a promissory note. (First Am. Compl. ¶ 7.) Defendant also executed a personal guaranty of the loan. (First Am. Compl. ¶ 11.) Neither the Trust nor Defendant has made the required monthly payments, such that Defendant is in default in the amount of $299,992.20 as to the principal, plus interest of $9,370.58, and fees of $1,552.30, for a total of $310,915.08. (First Am. Compl. ¶¶ 21, 29, 44.)

Plaintiff supports its application with the declaration of Jihae Chao, First Vice President and Special Assets Team Leader for Plaintiff, who testifies that Plaintiff issued Defendant, as trustee of the Trust, a loan in the amount of $577,547.00, which would be repaid over the course of 42 consecutive monthly payments and interest payments pursuant to a promissory note. (Chao Decl. ¶ 5, Ex. A.) Defendant also executed a personal guaranty of the loan. (Chao Decl. ¶ 6, Ex. B.) Neither the Trust nor Defendant has made the required monthly payments, such that Defendant is in default in the amount of $299,992.20 as to the principal, plus interest of $9,370.58, and fees of $1,552.30, for a total of $310,915.08. (Chao Decl. ¶¶ 9-10.) Plaintiff sent a demand letter seeking payment, but no payments have been made. (Chao Decl. ¶¶ 13-14, Ex. G.)

The Court finds that Plaintiff has sufficiently established that its claim has probable validity, as it is more likely than not that Plaintiff will obtain a judgment against Defendant on its claim. (Code Civ. Proc., § 481.190.)

“Before issuance of a writ of attachment, . . . the plaintiff shall file an undertaking to pay the defendant any amount the defendant may recover for any wrongful attachment by the plaintiff in the action.” (Code Civ. Proc., § 489.210.) Plaintiff shall file an undertaking in the amount of $10,000 within twenty (20) days of entry of this order.