17-CIV-00881 HAWTHORNE SOONG, ET AL. VS. WELLINGTON SOONG, ET AL.

HAWTHORNE SOONG WELLINGTON SOONG
DAVID M. SLOAN MARC BENDER

APPLICATION AND HEARING FOR RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT TENTATIVE RULING:

The Application for Right to Attach Order and Writ of Attachment by Defendant and CrossComplainant Wellington Soong (“Wellington”) and Defendant Veronica O’Connor (“Veronica”) is DENIED. Here, the application improperly indicates that Plaintiff Hawthorne Soong (“Hawthorne”) is seeking a right to attach order, when it is Wellington and Veronica that are seeking such an order. “Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article for a right to attach order and a writ of attachment by filing an application for the order and writ with the court in which the action is brought.” (C.C.P. § 484.010 (emphasis added).)

Further, Wellington and Veronica have not provided authority to support that they are entitled to a right to attach order and writ of attachment. Except as otherwise provided by statute, a claim is one upon which an attachment may be issued: (1) in an action on a claim or claims for money, (2) based upon a contract, express or implied, and (3) where the total amount of the claim or claims is a fixed or readily ascertainable amount not less than five hundred dollars ($500) exclusive of costs, interest, and attorney’s fees. (See C.C.P. § 483.010(a).) Although Wellington has filed a Cross-Complaint and therefore has claims against Hawthorne, Wellington and Veronica argue that a right to attach order should issue based on Veronica’s claim of ownership regarding the subject property. Veronica has filed no claim in this action though. South Shore Land Co. v. Petersen (1964) 226 Cal.App.2d 725, does not support that her answer constitutes a claim for which she may seek a right to attach order. Furthermore, her argument is premised on her answer to the quiet title claim, which Hawthorne has now dismissed.

Lastly, trial is set for December 17, 2018, six days after the hearing on this application. An application for right to attach order is a prejudgment remedy that allows a creditor to have a lien on the debtor’s assets until final adjudication of the claim sued upon. Wellington and Veronica have not explained why a right to attach order should issue at this point in light of the impending trial.

If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties.