Application for Right to Attach Order and Issuance of a Writ of Attachment
2026CUBC064957: MAURICIO DE PAZ SANCHEZ vs EDGAR PEREZ 08/13/2026 in Department 43 Motion for Notice of Application and Hearing for Right to Attach Order/Writ of Attachment
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Motion: Hearing on Application for Writ of Attachment
Tentative Ruling: The Plaintiffs Application for Right to Attach Order and Issuance of a Writ of Attachment is DENIED on multiple grounds.
There is no evidence that Defendant was provided notice of this application. Section one of the notice filed by the Plaintiff states that Defendants address and telephone number are unknown. There is no proof of service indicating that the notice and application were served. A prejudgment writ of attachment issued without notice to a defendant is an extraordinary remedy. An application brought ex parte (i.e., without notice) for a right to attach order must comply with
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To establish great or irreparable injury, the plaintiff must point to specific facts that support a real risk the defendant is concealing assets, squandering them, or leaving the state. Allegations in the complaint of fraud or that the defendant has not refunded money do not justify issuing the order.
2026CUBC064957: MAURICIO DE PAZ SANCHEZ vs EDGAR PEREZ
Furthermore, C.C.P. § 484.20 requires an explicit description of the property to be attached. The description of the property must be reasonably adequate to permit the defendant to identify the specific property to be attached. A vague, generalized description of Bank accounts, accounts receivable, and other non-exempt property of defendant without specifying which accounts, receivables or assets are being targeted prevents the Defendant from asserting statutory exemptions under C.C.P. § 487.020. Furthermore, attachment is statutorily limited to certain types of property tied to the Defendants trade or business. Had he been given notice, Defendant would be entitled to claim personal funds in exempt accounts needed for basic living expenses. The court will not approve a broad, generic request to attach a Defendants personal assets or in this case, all of Defendants accounts, etc..
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