Plaintiff Comerica Bank (?Plaintiff?) is applying for three right to attach orders and writs of attachment, against the guarantors of certain indebtedness of a corporation (Metrocell Construction).? The guarantor- defendants are James H. Culwell, Christine L. Culwell, and the Culwell Family Trust (Trustees, James H. and Christine L. Culwell) (hereinafter ?Defendants?).? The Defendants have? filed no responses to these Applications.? The applications are GRANTED.
Plaintiff moves for an attachment in the amount of $1,015,277.56 against each Defendant.
Plaintiff has demonstrated that this was a commercial indebtedness upon which an attachment may issue.? Plaintiff has demonstrated the probable validity of the claims for Breach of Guaranty against the Defendants, and that tattachment is not sought for an improper purpose, and finally, that the amount to be secured by attachment appears to be far greater than zero.? (CCP ? 484.090(a); see Alfaro Decl. and exhibits).??These requirements for an attachment appear to be satisfied.
With respect to the amount of an attachment, Plaintiff shall be prepared to address the following at the hearing.
The remedy is available when the damages are readily ascertainable by reference to the contract.??See CIT Group/Equipment Financing, Inc. v. Super DVD, Inc., 115 Cal. App. 4th537, 540 (2004).? The damages need not be liquidated, however, and the exact amount need not appear on the face of the contract.??Id.; Kemp Bros. Const., Inc. v. Titan Elec. Corp.?(2007) 146 Cal.App.4th 1474, 1481 n.5.
Here, the Master Revolving Note appears to reflect advances of?up to?$1,000,000 to the borrower, the repayment of which was apparently guaranteed by these Defendants (see Alfaro Decl., Ex. 1 and 2, and Ex. 3 to 5).? Plaintiff?s declarant states that the outstanding principal due is $992,409.75 (Alfaro Decl. ? 12).?The declarant also requests that the attachment include $22,515.30 in unpaid interest, and $352.51 in late fees.? .
The Court will set a bond in the amount of $10,000 for each Application (x3).
Plaintiff will give notice.