Case Number: 18CMCV00011 Hearing Date: November 27, 2018 Dept: A

# 11. Plamex Investment, LLC v. Chung Sik Park

Case No.: 18CMCV00011

Matter on calendar for: application for writ of attachment

Tentative ruling:

I. Background

This action arises from the breach of a commercial lease agreement. Plaintiff Plamex Investment, LLC, is the owner of 3100 E. Imperial Hwy., Lynwood, CA 90262, a shopping center. Plamex leased space to defendant Chung Sik Park. The leased commenced on March 1, 2015, and expired on May 31, 2018. Plamex alleges that Park failed to pay rent, associated taxes, and costs starting in February 2018. Park vacated the location on October 22, 2018.

Plamex seeks attachment in the amount of $56,274.10 in rent and $5,500 in attorneys’ fees, for a total of $61,774.10. The application is unopposed.

For the reasons set forth below, the Court denies the application without prejudice.

II. Standard

“Attachment is a prejudgment remedy which requires a court to make a preliminary determination of the merits of a dispute. It allows a creditor who has applied for an attachment following the statutory guidelines and established a prima facie claim to have a debtor’s assets seized and held until final adjudication at trial. [Citation.]” (Lorber Industries v. Turbulence, Inc. (1985) 175 Cal.App.3d 532, 535.) The requirements of an application are listed in California Code of Civil Procedure § 484.020. C.C.P. § 484.040 requires a hearing before the issuance of an order or writ. “The order will be issued if the court finds that the plaintiff’s claim is probably valid and the other requirements for issuing the order are established.” (C.C.P., § 484.050(b).)

III. Analysis

Absent an opposition, the attached lease and declarations show that Plamex’s claim is probably valid. Park signed a lease agreement, failed to pay rent, and then held-over on the premises for nine months, breaching his lease agreement. The Court would require a $10,000 undertaking.

However, the attached proof of service for the memorandum refers to a discovery motion for a nonparty. The proof of service attached to the declaration of Diana Kwak lists a declaration in support of default judgment.

As the service of the documents is improper, the application is denied without prejudice.

IV. Ruling

The application is denied without prejudice.