Case Number: KC066931    Hearing Date: September 08, 2014    Dept: O

Citibank, N.A. v. Industry Hardware Corporation, et al. (KC066931)

Plaintiff Citibank, N.A.’s APPLICATIONS FOR RIGHT TO ATTACH ORDER (x2)

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Citibank, N.A.’s applications for right to attach order (x2) is GRANTED. (CCP 484.090(a).)

The court approves the writ is $123,759.91, and an undertaking of $10,000 is ordered as provided for by statute. (CCP 489.220.)

NOTICE:
Defendant was served on 6/29/14.

MERITS:
The claim is for money, and based upon a written agreement, whose total sum is more than $500. The claim is supported by the declaration of Tari Barber, Assistant Vice President of Citibank, N.A., attesting that Defendants entered into a Business Installment Loan Account Terms and Conditions and Personal Guarantee in the sum of $159,000.00. Defendant defaulted on 9/27/13. The principal due is $100,537.09. (Barber Decl., Pars. 7-10.) The claim arises out of a debt owed by defendant’s business. The claim is proper.

PROBABLE VALIDITY:
“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.” (CCP 481.190.)

Plaintiff has established probable validity of its claim, by presenting evidence of the agreements, account ledger, and evidence of Defendants’ default. Accordingly, the court find Plaintiff’s claim has probable validity.

PURPOSE OF ATTACHMENT:
As stated on the Application for Right to Attach Order (Judicial Council Form AT-105, No. 4), the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based.

AMOUNT OF WRIT:
The writ will issue for the amount of the claimed indebtedness, plus an amount to cover costs and allowable attorney fees as determined by the court reduced by… any security interest held by plaintiff in defendant’s property. (CCP § 483.015.) A writ of attachment issued without the mandated bond is void. (Vershbow v. Reiner (1991) 231 Cal.App.3d 879, 882.) Defendant must “produce detailed, factual declarations showing the nature and extent of the claimed offset.” (Weil & Brown, Civil Procedure Before Trial at 9:933.)

The amount of the writ is $123,759.91, and an undertaking of $10,000 is ordered as provided for by statute. (CCP 489.220.)