Judge Stephen I. Goorvitch, Case Number: 25STCV06069, Date: 2025-05-02 Tentative Ruling

Judge: Stephen I. Goorvitch, Case: 25STCV06069, Date: 2025-05-02 Tentative Ruling

Case Number: 25STCV06069 Hearing Date: May 2, 2025 Dept: 82

Ingenue Inc. Case No. 25STCV06069

v. Hearing: May 2, 2025

Location: Stanley Mosk Courthouse

Department: 82 Harvest Meat Company, Inc., et al. Judge: Stephen I. Goorvitch

[Tentative] Order Granting Application for Writ of Attachment

INTRODUCTION

Plaintiff Ingenue Inc. (“Plaintiff”) seeks a writ of attachment against Defendant Harvest Meat Company, Inc. (“Defendant”) in the amount of $91,417.60. Defendant has not opposed the application. The application is granted.

LEGAL STANDARD

“Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article for a right to attach order and a writ of attachment by filing an application for the order and writ with the court in which the action is brought.” (Code Civ. Proc.

§ 484.010.) “Except as otherwise provided by statute, 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 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.)

The court shall issue a right to attach order if the court finds all of the following:

(1) The claim upon which the attachment is based is one upon which an attachment may be issued.

(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.

(Code Civ. Proc. § 484.090.)

“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.” (Code Civ. Proc. § 481.190.) “The application shall be supported by an affidavit showing that the plaintiff on the facts presented would be entitled to a judgment on the claim upon which the attachment is based.”¿ (Code Civ. Proc. § 484.030.)¿“In contested applications, the court must consider the relative merits of the positions of the respective parties and make a determination of¿the probable outcome of the litigation.”¿ (Hobbs v. Weiss (1999) 73 Cal.App.4th 76, 80.)

DISCUSSION

A. Probable Validity of Plaintiff’s Claim

The application is based on Plaintiff’s cause of action for breach of contract. To establish a claim for breach of contract, 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.)

Here, Plaintiff submits sufficient evidence to establish a probably valid claim against Defendant for breach of contract in the amount of $91,417.60. (See Corona Decl. ¶¶ 3-19, Exh. A.) Specifically, Defendant purchased meat food products from Plaintiff, as shown in written invoices; the products were delivered to Defendant and were not rejected within a commercially reasonable time; Defendant has not paid the amount due; and Plaintiff has been damaged in the amount of $91,417.60. (Ibid.) Defendant has not filed an opposition and has not rebutted this evidence.

B. Basis for Attachment

“[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).) “An attachment may not be issued on a claim which is secured by any interest in real property arising from agreement. . . .” (Code Civ. Proc. § 483.010(b).)

Here, Plaintiff’s application for writ of attachment is based on a contract claim for which the total amount allegedly due is in excess of $500. The claim is not secured by real property. The alleged damages are fixed and readily ascertainable from the terms of the invoices and Plaintiff’s declaration.

C. Purpose and Amount of Attachment

Code of Civil Procedure section 484.090 states that the Court shall issue a right to attach order if “the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based . . . [and] the amount to be secured by the attachment is greater than zero.” Plaintiff has satisfied this requirement.

D. Reduction of Amount to be Secured

Defendant has not argued, or shown, that the amount of attachment should be reduced pursuant to Code of Civil Procedure section 483.015(b). Therefore, Defendant is not entitled to any reduction.

E. Exemptions

Defendant has not claimed any exemptions. Therefore, Defendant is not entitled to any exemptions.

F. Subject Property

Plaintiff requests attachment of any property of Defendant, a corporation. (Application ¶ 9.) That request is proper. “[A]ll corporate property for which a method of levy is provided by Article 2 (commencing with Section 488.300) of Chapter 8” may be attached. (CCP § 487.010(a).)

G. Undertaking

Code of Civil Procedure section 489.210 requires the plaintiff to file an undertaking before issuance of a writ of attachment. Section 489.220 provides, with exceptions, for an undertaking in the amount of $10,000. Neither party has argued for a different amount of undertaking.

CONCLUSION AND ORDER

Based upon the foregoing, the court orders as follows:

1. The application is granted.

2. Plaintiff shall post an undertaking of $10,000.

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

IT IS SO ORDERED

Dated: May 2, 2025 ______________________

Stephen I. Goorvitch

Superior Court Judge

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