Motion for right to attach order and order for issuance of writ of attachment
25CV005562: CONRAD vs GHOLSTON, et al. 07/29/2025 Hearing on Writ of Attachment in Department 54
Tentative Ruling
Plaintiff Ethan Conrads (Plaintiff) motion for right to attach order and order for issuance of writ of attachment against defendant in pro per Veronica Gibson-Gholston (Defendant) is UNOPPOSED and is GRANTED as follows.
This action involves a commercial lease that was entered into between Plaintiff and Amber Gholston dba Golden One Studio dba Staxxd Studio (Amber) dated April 28, 2021, for a lease of certain commercial real property located at 8345 Folsom Boulevard, Suite 117, Sacramento, California 95826 (the Lease). (Declaration of Ethan Conrad (Conrad Decl.) ¶ 3; Application Exh. 1.)
As part of the Lease, Defendant executed a Guaranty of Lease (the Guaranty) whereby Defendant agreed to be personally liable for all unpaid debts and obligations of Amber under the Lease whenever they became due. Pursuant to the Guaranty, Defendants obligations were limited to a maximum amount of $40,000, Defendant agreed Plaintiff would not enter into the Lease except for Defendants execution of the Guaranty, and Defendant agreed Plaintiff shall have recourse against her community property. (Conrad Decl. ¶ 4, Exh. 2.)
Amber leased the property to operate a commercial gym, and she used the property only for commercial purposes at all times relevant herein. (Conrad Decl. ¶¶ 8-9; Application Exh. 1 ¶ 1.8.)
Amber breached the Lease on February 1, 2025, by failing to pay amounts due and owing to Plaintiff, and she remains in breach of the Lease. (Conrad Decl. ¶ 5.) Defendant breached the Guaranty on February 1, 2025, by failing to pay Plaintiff the amounts due and owing under the Lease after default by Amber. (Id.)
According to Plaintiffs business records, a summary of which is annexed to the Application as Exhibit 3, Amber owes a total principal balance of $30,263.89 plus interest, late charges, costs, and attorneys fees through the balance of the Lease term. (Conrad Decl. ¶¶ 5-8.)
By this application, Plaintiff seeks to attach real property owned by Defendant located at 4030 Camden Ct., Vacaville, California, 95687 (APN 0136-764-360) (the Attachment Property). (Conrad Decl. ¶ 10.)
Plaintiff is not aware of any claimed homestead or other exemption affecting the Attachment Property. (Conrad Decl. ¶ 10.)
Defendant remains in breach of the Lease, has not paid the amounts due and owing,
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and has not tendered any defense challenging the validity of Plaintiffs claims. (Conrad Decl. ¶ 12.)
Legal Standard
A Right to Attach Order and Order for Issuance of a Writ of Attachment shall be issued if the Court finds at the hearing that: (1) the claim upon which the attachment is based is one upon which an attachment may be issued; (2) the plaintiff has established the probable validity of the claim upon which the attachment is based; (3) the attachment is not sought for a purpose other than the recovery of the claim upon which the attachment is based; and (4) the amount to be secured by the attachment is greater than zero. (Code Civ. Proc. § 484.090(a)(l-4).) The Courts determination is to be made upon the basis of the pleading and other papers in the record. (Code Civ. Proc. § 484.090(d).)
There are strict statutory requirements that must be met to establish a prima facie claim to relief. Strict construction of the statutory scheme prevents any relief unless specifically provided in statute. (Pacific Decision Sciences Corp. v Superior Court (2004) 121 Cal.App.4th 1100, 1106.)
The Claim upon which Attachment is Based is One upon which an Attachment may be Issued
A writ of attachment may be issued only if the underlying action is (1) a claim for money based upon an express or implied contract where, (2) the total amount of the claim is a fixed or readily ascertainable amount of at least Five Hundred Dollars ($500.00), exclusive of costs, interest, and attorneys fees, (3) the claim is not secured by any interest in real property, and (4) the property sought to be attached must be proper for attachment. (Code Civ. Proc. § 487.010; Kadison, Pfaelzer, Woodward, Quinn & Rossi v. Wilson (1987) 197Cal.App.3d 1, fn 1; Western Steel and Ship Repair, Inc. v. R.M.L, Inc. (1986) 176 Cal.App.3d 1108, 1113.)
The Court finds the claim upon which attachment is based is proper for attachment. The claim is for unpaid monthly rent based upon an express written contract, the Lease and the Guaranty, and the total amount of the claim exceeds $500. The claim is not secured by any interest in real property and the real property sought to be attached is proper for attachment.
Probable Validity of the Claim
The plaintiff has the burden of proving the probable validity of the claim by admissible evidence, such as an appropriate declaration. (Code Civ. Proc. §§ 481.190,
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV005562: CONRAD vs GHOLSTON, et al. 07/29/2025 Hearing on Writ of Attachment in Department 54
484.090(a)(2), 484.030.) Any claim against a natural person may be made under the statute only if the debt arises from defendants conduct of a trade, business, or profession. (Code Civ. Proc. § 483.010(c).) Plaintiff has met this burden. Plaintiff has presented evidence as to the existence of the Lease and the Guaranty, the breach of that Lease by Amber by failing to pay rent, and the breach of the Guaranty by Defendant by failing to pay the amounts due by Amber. (Conrad Decl. ¶¶ 3-16.) Further, the debt arises from Ambers conduct of a business a commercial gym. Accordingly, the Court is persuaded Plaintiff has established the probable validity of the claim.
Purpose of the Attachment
The Court has reviewed Mr. Conrads declaration and finds the attachment is not sought for an improper purpose.
Conclusion
The Application for a right to attach order and writ of attachment as to the real property owned by Defendant is GRANTED.
Plaintiff shall post a $10,000 undertaking. (Code Civ. Proc. § 489.220(a).)
Plaintiff shall submit a proposed order on the required judicial council form which the Court will sign once Plaintiff has posted the undertaking.
NOTICE:
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To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.
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SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV005562: CONRAD vs GHOLSTON, et al. 07/29/2025 Hearing on Writ of Attachment in Department 54
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