Judge: William Y. Wood, Case: 37-2024-00006682-CU-BC-NC, Date: 2024-04-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - April 18, 2024

04/19/2024  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:William Y Wood

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2024-00006682-CU-BC-NC BROWN VS CONCRETE BUILDING SYSTEMS [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiffs Edward Lee Brown and Karen Chapman Brown's Applications for a Right to Attach Order (ROA #'s 23 and 35) are granted, conditioned upon the plaintiffs' filing of a $10,000 undertaking per writ. A writ of attachment issued without the mandated bond is void. Vershbow v. Reiner (1991) 231 Cal.App.3d 879, 882.

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 CCP § 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 defendant of a trade, business, or profession. CCP § 483.010.

In this case, the Court finds that plaintiffs' claim has probable validity, is based on an express contract, is of a fixed amount greater than $500, arises out of defendants' trade or business (commercial lease), and is not secured by real property.

As such, the court will grant plaintiffs' requests for the right to attach order and writs of attachment in the amount of $585,197 against defendant Tyrone Jones and $373,454 against defendant Concrete Building Systems Construction Company, Inc.

In addition, as the date of the preparation of this tentative ruling, the Court has not received any written opposition to the applications. The Court deems the lack of opposition to be a concession as the merits of the applications.

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 (in person or remote) hearing at 1:30 p.m. on Friday, April 19, 2024. If no party appears at the hearing, this tentative ruling will become the order of the Court as of April 19, 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.

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