Judge Ronald F. Frank, Case Number: 22TRCV00613, Date: 2023-08-04 Tentative Ruling

Judge: Ronald F. Frank, Case: 22TRCV00613, Date: 2023-08-04 Tentative Ruling

Case Number: 22TRCV00613 Hearing Date: August 24, 2023 Dept: 8

Tentative Ruling¿¿

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HEARING DATE: August 24, 2023

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CASE NUMBER: 22TRCV00613

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CASE NAME: S.F.I. Ltd., L.P. d/b/a Figueroa Business Center v. Exulaser, Inc., et al.

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MOVING PARTY: (1) Plaintiff, S.F.I. Ltd., L.P. d/b/a Figueroa Business Center

RESPONDING PARTY: (1) Defendant, Exulaser, Inc. and Martin Diego Garcia

TRIAL DATE: June 3, 2024

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MOTION:¿ (1) Application for Right to Attach Order and Writ of Attachment

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Tentative Rulings: (1) GRANTED, assuming the defense has no objection to the $95,000 figure.

I. BACKGROUND¿¿¿

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A. Factual¿¿¿

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On July 22, 2022, Plaintiff, S.F.I. Ltd., L.P. d/b/a Figueroa Business Center (“Plaintiff”) filed a Complaint against Defendants Exulaser, Inc. and Martin Diego Garcia, and DOES 1 through 20. The Complaint alleges causes of action for: (1) Breach of Written Contract; and (2) Common Count.

Plaintiff notes that it propounded discovery on Exulaser on March 24, 2022 and that Exulaser responded on May 2023, and admitted that: (1) Exulaser leased the Premises from SFI in or around August 3, 2010; (2) Exulaser signed the Lease; (3) Exulaser occupied the Premises from in or around August of 2010 through in or around September of 2021; and (4) Exulaser stopped paying rent and CAM charged to Plaintiff beginning in or around April of 2020.

Plaintiff notes that while Exulaser disputes the amount owed, there is no dispute that Exulaser owes Plaintiff for the time that Exulaser has occupied the premises at 17202 S. Figueroa Street, Gardena, California 90248 (the “Premises”). As such, Plaintiff now files an Application for Right to Attach Order and Writ of Attachment.

B. Procedural¿¿¿

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On July 7, 2023, Plaintiff filed this Application. On July 28, 2023, Defendants filed an opposition. On July 31, 2023, Plaintiff filed a reply brief.

On August 4, 2023, this Court continued the motion to allow both parties to negotiate and determine a concrete amount of back rent owed. On August 18, 2023, Plaintiff filed an undertaking pursuant to Code of Civil Procedure § 489.210. On August 22, 2023, Plaintiff also filed a notice of lodging of an undertaking.

On August 22, 2023, Plaintiff also filed a new [proposed] right to attach order and order for issuance of Writ of Attachment after Hearing.

II. ANALYSIS¿¿

A. Legal Standard

Code of Civil Procedure § 484.090 permits the Court to issue a writ of attachment and right to attach order after finding the following: (1) The claim is one upon which an attachment may be issued; (2) 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; and (4) The amount to be secured by the attachment is greater than zero. Under Code of Civil Procedure § 483.010, a claim is “one upon which an attachment may be issued” in the following instances: (1) The case arises from a claim or claims for money; (2) Each claim for money is based upon a contract, express or implied; and (3) The total amount of the claim or claims is a fixed or readily ascertainable amount not less than $500.

Further, in determining the amount at issue for a writ of attachment, the Court may look to Code of Civil Procedure § 483.015(a), which provides that it is (1) the amount of indebtedness claimed, and/or (2) any additional amount provided for, such as costs and attorney’s fees under CCP § 482.110(a). The indebtedness, in turn, may be determined from “[t]he amount of any indebtedness of the plaintiff that the defendant has claimed in a cross-complaint file in the action if the defendant’s claim is one upon which an attachment could be issued.” (Code Civ. Proc., § 483.015, subd. (b).)

Finally, “[b]efore 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.) The amount for an undertaking, as provided by law, is $10,000.00, but may be increased upon objection to the undertaking if the Court determines that “the probable recovery for wrongful attachment exceeds the amount of the undertaking”. (Code Civ. Proc., § 489.220.)

B. Discussion

Since the Court’s last minute order, Plaintiff has lodged an undertaking of $10,000, and has also filed an updated order. The Court requested that the parties negotiate and determine a concrete amount of back rent owed. The Court has no report or declaration explaining whether the $95,000 figure was arrived at by negotiation, unilaterally, or otherwise. The Court will take oral argument on that limited point. Assuming that the defense has no objection to the number, the Court intends to GRANT the application since Plaintiff has complied all requirements in Code of Civil Procedure § 483.015 ad 482.110.