Application and Hearing for Right to Attach Order
SF Superior Court - Law & Motion / Discovery Dept 301 - CGC25629903 - June 29, 2026 Hearing date: June 29, 2026 Case number: CGC25629903 Case title: JERILYN NEGVESKY VS. AMIN SAMADIAN ET AL Case Number: | | CGC25629903 | Case Title: | | JERILYN NEGVESKY VS. AMIN SAMADIAN ET AL | Court Date: | | 2026-06-29 09:00 AM | Calendar Matter: | | PLAINTIFF JERILYN NEGVESKY D.D.S., AN INDIVIDUAL APPLICATION AND HEARING FOR RIGHT TO ATTACH ORDER (ADDED TO CALENDAR FOR TENTATIVE RULING ENTRY PURPOSES ONLY) | Rulings: | | On the Law & Motion/Discovery calendar for Monday, June 29, 2026, Line 11, (Part 2 of 2, tentative ruling continues from previous entry) PLAINTIFF JERILYN NEGVESKY D.D.S.'s APPLICATION AND HEARING FOR RIGHT TO ATTACH ORDER (ADDED TO CALENDAR FOR TENTATIVE RULING ENTRY PURPOSES ONLY).
Samadian opposes the attachment order on a variety of grounds; the court reaches only a first issue, which is dispositive. Code of Civil Procedure, section 483.015, subdivision (b), provides that the amount to be secured by attachment must be reduced by "[t]he value of any security interest in the property of the defendant held by the plaintiff to secure the defendant's indebtedness claimed by the plaintiff, together with the amount by which the value of the security interest has decreased due to the act of the plaintiff or a prior holder of the security interest." (Id., subd. (b)(4).)
Negvesky has a security interest in the assets of the dental practice located at 450 Sutter Street #1519. (Samadian Decl., Ex. B, para. 1 & Ex. 101.) Samadian provides evidence that he continues to own these assets and estimates their current value to be between $1.5 million and $2.5 million. (Samadian Decl., para. 4.) The owner of property may give an opinion about the value of the property. (Evid. Code, section 813, subd. (a)(2).) Negvesky provides no evidence of a different valuation. Because the amount Negvesky seeks to secure by attachment is less than the value of the assets that already secure the debt, the application for an attachment order is denied.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept301tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
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Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
The court no longer provides a court reporter in the Law & Motion or Discovery Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(301/CVA) | |