Judge: Marcella O. Mclaughlin, Case: 37-2023-00038437-CU-NP-CTL, Date: 2023-11-09 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - November 08, 2023

11/09/2023  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Non-PI/PD/WD tort - Other Motion Hearing (Civil) 37-2023-00038437-CU-NP-CTL ETTING STREET REMEMBERED LLC VS TSHIBANGU [IMAGED] CAUSAL DOCUMENT/DATE FILED: Notice of Application and Hearing for Right to Attach Order and

Writs of Attachment, 09/12/2023 The unopposed applications for right to attach orders and writs of attachment are DENIED.

The procedures and grounds for obtaining orders permitting prejudgment writs of attachment are governed by Code of Civil Procedure section 481.010 et seq. ('Attachment Law'). A plaintiff seeking a right to attach order must show, among other things, that the claim upon which the attachment is based is one upon which an attachment may be issued. Code Civ. Proc. § 484.090(a); Bank of America v. Salinas Nissan, Inc. (1989) 207 Cal.App.3d 260, 271. '[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(a).

In this case, plaintiff has not met its burden of establishing that its fraudulent conveyance claim is one upon which an attachment may be issued. Although Civil Code section 3439.07 provides for attachment of property in connection with fraudulent transfer actions, nothing in the statute eliminates the substantive requirements for obtaining an attachment. Nor has plaintiff cited any authority suggesting that section 3439.07 provides an independent substantive basis for attaching property in fraudulent transfer actions. To the contrary, section 3439.07 specifically limits attachment to instances where the remedy is available under 'applicable law.' See Civ. Code § 3439.07(a)(2), (b); see also Oden v. Board of Administration (1994) 23 Cal.App.4th 194, 201 ('Statutory interpretation begins with the text and will end there if a plain reading renders a plain meaning: a meaning without ambiguity, uncertainty, contradiction, or absurdity.') The 'applicable law' in this instance is the Attachment Law, which includes section 483.010. Accordingly, because plaintiff's fraudulent conveyance claim is not alleged to be based on a contract, the court is unable to issue the requested right to attach orders and writs of attachment.

Calendar No.: Event ID:  TENTATIVE RULINGS

3036748  16