Judge: Lynette Gridiron Winston, Case: 25PSCV00557, Date: 2025-06-05 Tentative Ruling

Case Number: 25PSCV00557    Hearing Date: June 5, 2025    Dept: 6

CASE NAME:  Flexi-Van Leasing, LLC v. Hot Wheels Trucking Inc. 

Plaintiff Flexi-Van Leasing, LLC’s Application for Right to Attach Order and Writ of Attachment 

TENTATIVE RULING 

The Court GRANTS Plaintiff’s application for a right to attach order and writ of attachment on the condition that Plaintiff first files an undertaking in the amount of $10,000.00. Upon Plaintiff filing said undertaking, the Court directs Plaintiff to submit a revised proposed order consistent with the Court’s ruling herein for the Court’s review and signature. 

             Plaintiff is ordered to give notice of the Court’s ruling within five calendar days of this order. 

BACKGROUND 

This is a debt collection case. On February 19, 2025, plaintiff Flexi-Van Leasing, LLC (Plaintiff) filed this action against defendant Hot Wheels Trucking Inc (Defendant) and Does 1 through 10, alleging causes of action for goods and/or services rendered, open book account, and account stated. 

On April 23, 2025, Plaintiff applied for a right to attach order and writ of attachment. Defendant did not oppose the motion. 

LEGAL STANDARD 

“Except as otherwise provided by statute, 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.” (Code Civ. Proc., § 483.010, subd. (a).) “The order will be issued if the court finds that the plaintiff's claim is probably valid and the other requirements for issuing the order are established.” (Id., § 484.050, subd. (b).) 

DISCUSSION 

Plaintiff seeks a right to attach order and a writ of attachment in the amount of $56,225.52, to be applied to any of Defendant’s property. Plaintiff contends this is to protect Plaintiff until judgment is entered. 

The Court finds Plaintiff’s application satisfies the statutory requirements. The claim upon which Plaintiff’s attachment is based arises from a contract, and is therefore based upon a claim for which an attachment may be issued. (Code Civ. Proc., §§ 483.010, subd. (a), 484.090, subd. (a)(1); Cardona Decl., Exs. A-C.) Plaintiff established the probable validity of its claim. (Id., § 484.090, subd. (a)(2).) Plaintiff presented a copy of the contract and corresponding invoices evidencing Defendant’s indebtedness to Plaintiff. (Cardona Decl., Exs. A-C.) It appears from the evidence that Defendant failed to repay the money allegedly owed, and that Plaintiff is entitled to repayment of that money. (See Cardona Decl., ¶¶ 8-13.) The amount sought to be secured is $56,225.52, and the attachment does not appear to be sought for a purpose other than a recovery upon which the attachment is based. (See Code Civ. Proc., § 484.090, subds. (a)(3)-(a)(4).) Plaintiff also complied with the service requirements for Code of Civil Procedure section 484.040. (Proof of Service by Mail (4/23/25).) The Court further construes Defendant’s lack of opposition as a concession that Plaintiff’s arguments are meritorious. (D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, fn. 4 [where nonmoving party fails to oppose a ground for a motion, "it is assumed that [nonmoving party] concedes" that ground].) 

The Court notes that Plaintiff indicated in paragraph 1, subdivision (c), of the application that it seeks a temporary protective order, but Plaintiff did not tick the box for paragraph 14 or provide any information regarding the relief requested by temporary protective order. (App., ¶¶ 1, subds. (a), (c), 14.) The Court infers that Plaintiff’s requested relief is therefore limited to the right to attach order and writ of attachment. 

Plaintiff did not file an undertaking. (App., ¶ 15.) Given Defendant’s lack of opposition or objection, the Court will therefore require Plaintiff to file an undertaking in the amount of $10,000.00. (Code Civ. Proc., §§ 489.210, 489.220, subd. (a).) 

Based on the foregoing, the Court GRANTS the application on the condition that Plaintiff first files an undertaking in the amount of $10,000.00. Upon Plaintiff filing said undertaking, the Court directs Plaintiff to submit a revised proposed order with all of the appropriate information provided for the Court’s review and signature. 

CONCLUSION 

The Court GRANTS Plaintiff’s application for a right to attach order and writ of attachment on the condition that Plaintiff first files an undertaking in the amount of $10,000.00. Upon Plaintiff filing said undertaking, the Court directs Plaintiff to submit a revised proposed order consistent with the Court’s ruling herein for the Court’s review and signature. 

             Plaintiff is ordered to give notice of the Court’s ruling within five calendar days of this order.