2017-00217167-CU-BC

Ethan Conrad vs. Yaser Alnajjar

Nature of Proceeding: Writ of Attachment

Filed By: Dhillon, Shawn S.

Plaintiff’s Application for a Writ of Attachment in the amount of $58,455.21 is unopposed and is granted. CCP 485.220. The former order will be signed on condition plaintiff present proof that a bond in the amount of $10,000 has been posted. CCP 489.210.

An attachment may be issued only in an action on a claim for money, based upon a contract, express or implied, where the total amount of the claim or claims is a fixed or readily ascertainable amount not less than $500, exclusive of costs, interest, and attorney’s fees, which arises out of the conduct by the defendant of a trade, business, or profession. (CCP § 483.010.) Oppositions to applications for writs of attachment are due five court days before the hearing. (CCP 484.060(a).)

This action is for breach of contract arising from a commercial lease. On or about January 28, 2017, Defendant Yaser AInajjar executed a written commercial lease and addendum (“Lease”) respecting the Property at 5905 Florin Road, Suite 101, Sacramento, California. The Property is commercial space in a shopping center

As a result of Debtors’ breach of the Lease as aforesaid, Plaintiff has established the validity of his claim that defendant owes him the sum of $57,455.21. The schedule showing his calculation of amounts due under the Lease is attached

as Exhibit B to the Declaration of Ethan Conrad. While the burden is on the applicant to establish each element necessary for an attachment order by a preponderance of the evidence (Loeb & Loeb v. Beverly Glen Music, Inc.(1985)166 Cal. App.3d 1110), Plaintiff’s showing is sufficient under CCP § 484.090(a).

No opposition has been filed. The Court finds that the claim upon which the attachment is based is one upon which an attachment may be issued, that plaintiff has established the probable validity of the claim upon which the attachment is based, that the attachment is not sought for a purpose other than the recovery upon the claim

upon which the attachment is based, and that the property sought to be attached is not exempt from attachment. CCP 485.220

The Court will sign the proposed formal order after proof of the bond posting has been provided.