Key Star Capital Fund III, L.P. vs Kenneth Zwart, et al.

24CV-01907 Key Star Capital Fund III, L.P. vs Kenneth Zwart, et al.

Application for Writ of Attachment

The application of plaintiff Key Star Capital Fund III, L.P, for a writ of attachment against defendants Kenneth J. Zwart and Beverly A. Zwart is GRANTED in the amount of $376,844.11.

A writ of attachment will issue upon the filing of an undertaking of $10,000 by Key Star Capital. (Code Civ. Proc. §§ 489.210, 489.220.)

Having reviewed the application, supporting memorandum of points and authorities and declaration, the court finds that Key Star Capital’s claim is one on which an attachment may be issued; Key Star Capital has established the probable validity of the claims on which the attachment is based; the attachment is sought for no purpose other than the recovery on the claim on which the attachment is based; and the amount to be secured by the attachment is greater than zero.

Key Star Capital has put forth sufficient evidence supporting establishing probable validity as to the claim regarding the promissory note. (Hrebenar Decl. ¶¶5, 9-11, 16, and Exhibits 1 and 2 attached thereto.)

The amount to be secured by the attachment was determined by an evaluation of the probable validity of Key Star Capital’s claim regarding the principal amount remaining on

a written commercial promissory note and filing costs, but not as to the interest claimed or attorney’s fees.

The interest amount claimed through April 6, 2026, of $60,352.68, is not supported by admissible evidence. Although a daily per diem of $122.64 is given, there is no evidence of the date the interest started accruing or how that amount was ascertained. Accordingly, the $60,352.68 is subtracted from the requested amount to be secured by attachment.

The amount of estimated attorney’s fees of $17,390.79 was also reduced. The declaration of Hrebenar implies that the requested attorney’s fees are based on Local Rule 3.4. (Hrebenar Decl. ¶ 16.) However, the amount of attorney’s fees based on Local Rule 3.4 amounts to between $7,929.10 and $8,532.62, depending on whether the claimed interest is included. Further, the estimated attorney’s fees are not supported by a declaration from counsel. Accordingly, the court in its discretion includes estimated attorney’s fees of $8,500.

Accordingly, the amount to be secured by attachment is $376,844.11.