TENATIVE RULING 

Calendar: 4

Date: 10/25/2025

Case No. 24 NNCV01898 Trial Date:  None Set 

Case Name: Eighteentwentysix, LLC v. MLH Touring, Inc.

WRIT OF ATTACHMENT

Moving Party: Plaintiff Eighteentwentysix, LLC      

Responding Party: Defendant MHL Touring, Inc.  (No Opposition)      

GROUNDS FOR MOTION 

Claim is one on which an attachment may be issued 

[Attachment may only be issued in an action on a claim for money based upon a contract, express or implied, where the total amount of the claim is a fixed or readily ascertainable amount not less than $500, exclusive of costs, interest and attorney’s fees]

Claim is for amount due under written agreement between plaintiff Eighteentwentysix, LLC and defendant MHL Touring, Inc. (MHL) pursuant to which plaintiff agreed to provide production and stage management services relating to the entertainer, Lauryn Hill, for her concert tour and other performance events, and defendant agreed that plaintiff would receive compensation for its services, and would be reimbursed for payroll taxes plaintiff paid on behalf of plaintiff’s employees for services provided to defendant for plaintiff’s employees.   [Sanchez Decl., paras. 7-9; Ex. A].  Plaintiff provided the production and stage management concert services for defendant from November 2023 through December 2023, and defendant made one $10,000 payment, but there remain unpaid invoices in the sum of $59,175.89.  [Sanchez Decl., paras. 10-14; Ex. B].    

Establishes a probable validity of claim on which attachment is based  (CCP § 484.090)

Defendant MHL contracted for the provision of services, and has failed to make the agreed upon payments.  [Decl., paras. 4-11].  

Not sought for any purpose other than to secure recovery on the claim

Applications, paragraph 4. 

OPPOSITION: (CCP 484.060 - .070)

No opposition.

ANALYSIS:

CCP §483.010 (a) provides, in pertinent part: 

“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 is a fixed or readily ascertainable amount not less than five hundred dollars ($500), exclusive of costs, interest and attorney’s fees.” 

Under CCP § 484.090, governing the hearing on a writ of attachment:

“(a) 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:

  (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.

  (4) The amount to be secured by the attachment is greater than zero….

(d) 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.”

With respect to “probable validity,” under CCP section 481.190:

“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.”

The burden to show probable validity is on the party seeking attachment.  Lorber Industries v. Turbulence, Inc. (1985, 2nd Dist.) 175 Cal.App.3d 532, 535.  The trial court’s determination of probable validity will not be disturbed if there is substantial evidence to support the determination.  Id.     

  Here, the evidence submitted includes invoices which appear to follow the Master Agreement.  The sum sought is $59,175.89.  The invoices attached total $69,175.89  ($4,000.00 plus $8,775.00 plus $11,021.43 plus $2,972.31 plus $10,000.00 plus $32,407.15). [Sanchez Decl., paras. 7-14; Exs. A, B].  Applying the $10,000.00 which has already been paid, and reducing the total accordingly, the writ amount appears supported by the evidence.    

With respect to the attorney’s fees and costs sought, the moving papers do not clearly indicate why fees and costs should be awarded as part of the attachment sum.  A review of the Master Agreement shows that it includes an agreement for each party to indemnity the other, including for “outside legal fees and costs,” but it does not appear that an attorney’s fees provision is included which applies to actions between the contracting parties. [See Ex. A, para. (8) (D)].   This issue will be discussed at the hearing.  On the current showing, the court is not inclined to find that plaintiff has established the probable validity of its claim for attorney’s fees and costs. 

RULING:

[No opposition]

Application for right to attach order is GRANTED.   

The Court makes the following findings pursuant to CCP §484.090:

1) the claim is on upon which attachment may be issued;

2) plaintiff has established the probable validity of the claim;

3) attachment is not sought for any purpose other than recovery on the claim;

4) the amount to be attached is greater than zero.

The writ of attachment will issue in the sum of the amount to which probable validity has been established by plaintiff, $59,175.89.  The writ will not include attorney’s fees or costs. 

Writ will issue upon the posting of a bond in the amount of $10,000.  (CCP §489.220)

DEPARTMENT D IS CONTINUING TO CONDUCT AND ENCOURAGE 

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