Judge: Loren G. Freestone, Case: 37-2022-00021318-CU-BC-CTL, Date: 2023-09-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 28, 2023

09/29/2023  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00021318-CU-BC-CTL PERFORMANCE CONTRACTING INC VS PACIFIC SHIP REPAIR AND FABRICATION CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Plaintiff Performance Contracting Inc.'s application for right to attach order and order for issuance of writ of attachment against Defendant Pacific Ship Repair & Fabrication Inc. in the amount of $1,355,338.10 is GRANTED.

Performance Contracting has established (1) the claim upon which the attachment is based is one upon which an attachment may be issued; (2) the probable validity of the claim; (3) that attachment is not sought for a purpose other than recovery on the claim; (4) the amount to be secured is greater than zero, and (5) the property to be attached is not exempt. (Code Civ. Proc., § 484.090, subds. (a)–(b).) Pacific Ship did not file an opposition and therefore 'shall not be permitted to oppose issuance of the order.' (Code Civ. Proc., § 484.060, subd. (a).) Before a writ of attachment may be issued, a $10,000 undertaking must be filed. (Code Civ. Proc., §§ 489.210–489.220.) The application is therefore granted, subject to Performance Contracting posting a $10,000 bond.

Performance Contracting shall revise the proposed right to attach order (AT-120) to (1) fully complete item 1.a., (2) include the bond amount in item 2.i., (3) clear item 2.j., and (4) complete item 3.f.

Performance Contracting shall also submit a proposed writ of attachment (AT-135) consistent with this order. The undertaking shall be posted before the writ of attachment shall issue.

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