Judge: William A. Crowfoot, Case: 25NNCV00419, Date: 2025-06-12 Tentative Ruling

Case Number: 25NNCV00419    Hearing Date: June 12, 2025    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

On January 21, 2025, plaintiffs James Jiang (“Jiang”) and Jia Hui Situ (collectively, “Plaintiffs”) filed this action against defendants Chao Qi Li (“Li”), Jie Shan (“Shan”), Songjui Zhang (“Zhang”), and Zhang Inc. (collectively, “Defendants”) for damages arising from a dog attack. Plaintiffs allege that Li and Shan owned an Akita and that “[Jiang] was bit on the skull and head.”

At this time, Plaintiffs seek a right-to-attach order and writ of attachment against Defendants pursuant to Code of Civil Procedure section 483.010.

The application for a right-to-attach order and writ of attachment is limited to specific types of claims. (Code Civ. Proc., § 483.010.) An action which allows for an attachment must be “on a claim or claims for money, each of which is based upon a contract, express or implied.” (Code Civ. Proc., § 483.010, subd. (a).) “Inasmuch as the attachment procedures are purely the creation of the Legislature, the statute is subject to strict construction.” (Nakasone v. Randall (1982) 129 Cal.App.3d 757, 761.) A judge does not have authority to order any attachment that is not provided for by the attachment statutes. (Jordan-Lyon Productions, Ltd. v. Cineplex Odeon Corp. (1994) 29 Cal.App.4th 1459, 1466.)

Here, Plaintiffs’ claims are based solely in tort. Plaintiffs only assert causes of action for strict liability, negligence, negligence per se, and premises liability. Accordingly, Plaintiffs have not shown that the prejudgment remedy of attachment is available and their application is DENIED.

Moving party to give notice.

Dated this 12th day of June 2025

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.