2565 MISSION STREET LLC VS. QUALIA ENTERTAINMENT, INC. ET AL
Notice Of Application And Hearing For Right To Attach Order And Order For Issuance Of Writ Of Attachment
Motion type
Parties
Ruling
SF Superior Court - Real Property / Housing Dept 501 - CGC24611749 - July 18, 2025 Hearing date: July 18, 2025 Case number: CGC24611749 Case title: 2565 MISSION STREET LLC VS. QUALIA ENTERTAINMENT, INC. ET AL Case Number: | | CGC24611749 | Case Title: | | 2565 MISSION STREET LLC VS. QUALIA ENTERTAINMENT, INC. ET AL | Court Date: | | 2025-07-18 09:30 AM | Calendar Matter: | | Notice Of Application And Hearing For Right To Attach Order And Order For Issuance Of Writ Of Attachment | Rulings: | | Real Property/Housing Court Law and Motion calendar for July 18, 2025, line 5.
Plaintiff's Application and Hearing for Right to Attach Order and Order for Issuance of Writ is DENIED without prejudice. There is insufficient evidence to support a finding that the claim on which this action is based arises out of Defendant Chang's trade, business, or profession. (CCP 483.010(c).)
While attachment can issue against a guarantor of a closely held corporation, there must be evidence to allow the court to consider "the degree and continuity of the guarantor's involvement in the affairs of the primary obligor out of which the indebtedness has arisen." (Advance Transformer Co. v. Superior Court (1974) 44 Cal.App.3d 127, 144.)
Plaintiff's only evidence consists of the signed guaranty and the fact that Defendant Chang was the President/CEO of Qualia Entertainment. However, no authority is given for Plaintiff's contention that being an officer of a corporation is all that need be shown. =(501/CFH)
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Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required.
Notice of contesting a tent ative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear. | |
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