Application for Right to Attach Order/Writ of Attachment
“[T]he burden is on the party seeking to tax costs to show they were not reasonable or necessary.” (612 South LLC v. Laconic Limited Partnership (2010) 184 Cal.App.4th 1270, 1285 [citing Nelson v. Anderson (1999) 72 Cal.App.4th 111, 131].)
Plaintiff fails to meet his burden as to these costs. He does not point to any specific cost items within the documents that Defendant submitted that are improperly claimed, or otherwise demonstrate that such were not reasonable or necessary to the litigation.
Based on the foregoing, the Court taxes a total of $13,729.94 in costs and awards Defendant $239,303.34.
Defendant is ordered to give notice of the ruling.
109 2026-01545042 Application for Right to Attach Order/Writ of Attachment
Jeff Lewis Law, Plaintiff Jeff Lewis Law, APC’s application for a writ of attachment against Defendant Ivan APC vs. The Moad Moad in the amount of $173,400.00 is denied. Group, Inc. Plaintiff seeks to attach “all nonexempt attachable property of defendant Ivan Moad subject to attachment under Code of Civil Procedure section 487.010.”
Code Civ. Proc., § 484.020 requires that the application include:
(e) A description of the property to be attached under the writ of attachment and a statement that the plaintiff is informed and believes that such property is subject to attachment....Where the defendant is a natural person, the description of the property shall be reasonably adequate to permit the defendant to identify the specific property sought to be attached.
Plaintiff’s description of the property is incredibly broad, contrary to § 484.020. (See Bank of America v. Salinas Nissan, Inc. (1989) 207 Cal.App.3d 260, 267–268.)
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Therefore, because Plaintiff failed to include an adequate description of the property sought to be attached pursuant to Code Civ. Proc., § 484.020, the application is denied.
Defendant Ivan Moad shall give notice.
110 2025-01492685 1. Demurrer to Amended Complaint 2. Motion to Strike Portions of Complaint Molina vs. Kia America, Inc Defendant Kia America, Inc.’s demurrer to the fifth cause of action for fraudulent inducement in Plaintiffs Melinda and Michael Molina’s first amended complaint (“FAC”) is sustained without leave to amend. The motion to strike is granted without leave to amend as to the prayer for punitive damages in the FAC; the motion is otherwise moot.
Facts Defendant Kia demurs to the fraudulent inducement claim contained within Plaintiffs’ first amended complaint. [ROA #61.] Defendant expressly seeks to have the demurrer sustained without leave to amend, arguing that Plaintiffs have shown they cannot cure the defects in their allegations. [Demurrer MPA at 7.]
Plaintiffs have filed a statement that they do not oppose the demurrer. [ROA #69.]