The court DENIES Plaintiff DASSAULT SYSTEMES AMERICAS CORP.’s application for a right to attach order and writ of attachment against  Defendant ACCUSIT INC.  (CCP 481.010; 483.010.)

Plaintiff makes a prima facie showing that it shipped various goods and wares to Accusit Inc., for which Accusit failed to pay. Plaintiff seeks to attach property sufficient to secure $36,421.67, which includes damages, estimated costs of $530, and estimated attorney’s fees of $1,000.  (See generally Brown Decl.)

Under CCP 483.010 (a) and 484.090, Plaintiff must make a prima facie showing that:

(1)      this is a breach of contract claim for which attachment may be issued

(a)      it is an action on a claim for money

(b)      based on a contract, express or implied

(c)      the total amount of the claim is a fixed or readily                     ascertainable amount not less than $500, excluding costs, interest, and attorney’s fees.

(2)      Plaintiff has established the probable validity of its claim.

(3)      the attachment is not sought for any improper purpose,        but rather for recovery on the claim.

(4)      the amount to be secured by attachment is greater than zero.

Plaintiff attempts to make this prima facie case through its custodian of records.  In opposition, Defendant Accusit presents evidence that it does not owe the money because Plaintiff breached the parties’ agreement by failing to provide leads and customers for the sale of semiconductors.  (See generally Politowski Decl.)  After review of the evidence, the court concludes that Plaintiff has failed to establish the probable validity of its claim for purposes of this application.  Specifically, Plaintiff’s declaration fails to relate the circumstances under which the sale of simiconductors was made.  Defendant’s evidence is not much better, but demonstrates the transactions at issue were not simply a sale of products, but were part of a broader agreement between the parties, which Plaintiff allegedly breached.  Accordingly, plaintiff has not established the probable validity of its claim.

Defendant shall serve notice of this ruling.