Judge: Stephen I. Goorvitch, Case: 23STCV07227, Date: 2024-07-17 Tentative Ruling

Case Number: 23STCV07227    Hearing Date: July 17, 2024    Dept: 82

Prime Electric Wholesale Corporation v. Ara Petrosyan, et al.

Case No. 23STCV07227

[Tentative] Order Denying Motion to Release Attachment

            Plaintiff Prime Electric Wholesale Corporation (“Plaintiff”) filed this breach of contract action against LA Solar Group, Inc. (“LA Solar”) and Ara Petrosyan (“Petrosyan”).  Plaintiff alleges that LA Solar breached the contract by failing to pay $327,496.14.  Plaintiff alleges a breach of a personal guaranty against Petrosyan as the fifth cause of action. 

On December 20, 2023, the court (Beckloff, J.) issued writs of attachment against Petrosyan and LA Solar.  The writ against LA Solar was in the amount of $266,988.44 based upon the following calculations: (1) An invoice to LA Solar in the amount of $316,885.28; (2) A credit of $70,881.54; (3) A filing fee of $435; (4) Service of process fees of $549.70; and (5) Attorney’s fees of $20,000. The writ against Petrosyan was in the same amount based upon Petrosyan’s guaranty agreement, which included interest, so Judge Beckloff added an additional $50,841.79, for a total of $317,820.23. It appears that Judge Beckloff intended the writs of attachment to be joint and several because they are based upon the same damages (except the additional interest against Petrosyan).

On April 9, 2024, the parties modified the writ of attachment against Petrosyan to release his house for sale on the condition that Plaintiff receives the excess proceeds and agrees to reduce the writ by a commensurate amount.  The parties confirmed that Plaintiff received $265,391.94 from the sale, leaving $52,428.29 on the writ of attachment against Petrosyan.  The Sheriff’s Department has levied an account with $155,298.08. Defendants seek to release $102,869.79, arguing that the writs are joint and several.

The court agrees with Defendants’ counsel that the writs of attachment were intended to be joint and several, which means that both writs would be satisfied once $317,820.23 is attached.  That has occurred.  Nevertheless, the court denies Defendants’ motion to release attachment of the excess funds.  When the parties stipulated to modify the writ of attachment against Ara Petrosyan (in the amount of $317,820.33), they agreed that “[t]he writ of attachment against LA Solar Group, Inc., dated January 23, 2024, in the amount of $266,988.44 shall not be affected by this order.”  (See Court’s Order, dated April 9, 2024.)  Thus, the following amounts remain subject to attachment: (1) $52,428.29 on the writ of attachment against Petrosyan, and (2) $266,988.44 on the writ against LA Solar.  The account with $155,298.09 does not exceed these amounts.

Based upon the foregoing, the court orders as follows:

1.         Defendants’ motion to release attachment of $102,869.89 is denied.

2.         Plaintiff’s counsel shall provide notice and file proof of service with the court.