Judge: William Y. Wood, Case: 37-2024-00005713-CU-BC-NC, Date: 2024-04-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

SOUTH BUILDING TENTATIVE RULINGS - April 10, 2024

04/12/2024  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:William Y Wood

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2024-00005713-CU-BC-NC W/GL OCEAN AVENUE LB HOLDINGS VII, LLC VS 24 HOUR FITNESS [IMAGED] CAUSAL DOCUMENT/DATE FILED: Application for Right to Attach Order, Temporary Protective Order,

Etc., 03/07/2024 Plaintiff W/GL Ocean Avenue LB Holdings VII, LLC's ('Plaintiff') Application for a Right to Attach Order and order for Writ of Attachment (ROA # 22) is denied.

Before a writ of attachment may issue, the Court must find that: (1) the plaintiff's claim is one on which attachment may issue; (2) the plaintiff's claim has probable validity; and (3) the plaintiff is not seeking attachment for any purpose other than to secure recovery on the claim. (See Code Civ. Proc. § 484.090(a).) Generally, a plaintiff's claim is one upon which attachment may issue if it is a claim for money based on an express or implied contract, is of a fixed or readily ascertainable amount not less than $500, is either unsecured or secured by personal property, and arises out of the conduct by the defendant of a trade, business, or profession. (Code Civ. Proc. § 483.010.) In this case, the Court finds that Plaintiff's claim is one upon which attachment may issue and is not being sought for any purpose other than to secure recovery. However, the Court finds Plaintiff has failed to meet its burden of establishing a probable validity of its claims as Defendant 24 Hour Fitness USA, LLC ('Defendant') has put forth evidence which establishes a bona fide conflict between the parties.

This minute order constitutes the court's order. No party is required to submit a proposed order after hearing.

This is the tentative ruling for an appearance hearing (in person or remote) at 1:30 p.m. on Friday, April 12, 2024. If no party appears at the hearing, this tentative ruling will become the order of the court as of April 12, 2024. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

Calendar No.: Event ID:  TENTATIVE RULINGS

3115203