2018-00226396-CU-BC

Franchise Credit, LLC vs. Meineke Car Care Center 2355, Inc.

Nature of Proceeding: Writ of Attachment

Filed By: Serlin, Mark A.

Plaintiff’s application for writ of attachment is UNOPPOSED and is GRANTED.

This is an action for breach of contract and written guaranty. Plaintiff entered into a financing agreement with Defendant Meineke Car Care Center (“Meineke”). The individual defendants, Douglas and Monica Pope signed written guaranties. Meineke failed to make monthly payments and the individual defendants failed to pay on the guaranties. Plaintiff has been damaged in the amount of $131,834.45, plus continuing interest. Plaintiff seeks to attach $137,834.45, which includes the amount demanded plus $5,000 in attorneys’ fees and $1,000 in costs.

CCP §484.090(a) requires that the Court find “probable validity of the claim.” Probably

validity is defined by CCP §481.190 as follows: “A claim has “probably validity” where

it is more

likely than not that the plaintiff will obtain a judgment against the defendant on that

claim.” As the application is unopposed Plaintiff has met its burden. CCP 483.101(o) requires that a claim for attachment must be for a “fixed or readily ascertainable amount of at least $500 (excluding costs,

interest and attorneys fees).” The damages must be measurable by reference to the contract itself. Here,
there is a fixed or readily ascertainable amount.

Prior to issuance of a writ of attachment, the moving party shall provide proof of undertaking in the amount of ten thousand dollars ($10,000). (CCP section 489.220.)

This minute order is effective immediately. Pursuant to CRC Rule 3.1312, Plaintiff to submit proposed order and proposed writ of attachment which the Court will sign upon
proof of Plaintiff’s posting of a $10,000 bond.