Judge: Stephen I. Goorvitch, Case: 24STCV13470, Date: 2024-11-06 Tentative Ruling

Case Number: 24STCV13470    Hearing Date: November 6, 2024    Dept: 82

Texmark Land, Inc. v. Eloges, Inc., et al.

Case No. 24STCV13470

[Tentative] Order Granting Application for Writ of Attachment

            Plaintiff Texmark Land, Inc. (“Plaintiff”) moves for a writ of attachment against Defendant Eloges, Inc. (“Defendant”) in the amount of $48,953.70.  Defendant has not filed an opposition.  Plaintiff has satisfied all of the statutory requirements.  In particular, Plaintiff has established probable validity of its claim.  The application is based on Plaintiff’s cause of action for breach of contract.  To establish a claim for breach of contract or breach of guaranty, a plaintiff must prove: (1) the existence of a contract; (2) plaintiff’s performance or excuse for nonperformance; (3) defendant’s breach of the contract; and (4) damages incurred by plaintiff as a result of the breach.  (Durell v. Sharp Healthcare (2010) 183 Cal.App.4th 1350, 1367.) 

Plaintiff sells fabrics throughout California, and Defendant is a clothing manufacturing company located in Los Angeles.  (Soo Mi Ko Decl. ¶¶ 2, 6.)  From October 2021 to August 2022, Plaintiff sold fabrics to Defendant through a series of purchase orders and invoices.  Plaintiff has made delivery of the goods and thereby performed its obligations under the purchase orders.   Defendant made a partial payment of $1,555.80 for one of the invoices.  However, Defendant has failed to timely pay the remaining balance due of $43,853.70 pursuant to the terms of the purchase orders.  (Id. ¶¶ 1-15, Exh. 1-13.)  Plaintiff is also entitled to attorney’s fees and costs in an enforcement action pursuant to the terms of the purchase orders.  (Id. Exh. 1-13.)  This evidence shows that Plaintiff probably has a valid contract claim in the amount of $48,953.70.  Plaintiff reasonably estimates that it has or will incur at least $5,000 in attorney’s fees and $100 in costs in this action.  (Application ¶ 8.)  However, the application and proposed order seek to attach only $48,953.70.      

Based upon the foregoing, the court orders as follows:

1.         The court grants Plaintiff’s application for a writ of attachment in the amount of $48,953.70.

2.         The court orders Plaintiff to post an undertaking of $10,000.

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