The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.
This decision affirms a prejudgment attachment order. The trial court did not abuse its discretion in finding that the parties had not amended a fully integrated written contract which provided that all amendments had to be signed and in writing. Under the Uniform Electronic Transactions Act (CC 1633.1 et seq.), it is not enough to show that a document was… Read More
Under CCP 484.090, to secure an attachment, the plaintiff must, among other things, prove the probable validity of its claim and that the amount secured by the attachment is greater than zero. Under CCP 484.015(b)(4), the amount that the plaintiff seeks to secure by attachment is reduced by "the value of any security in the property of the defendant held… Read More
To obtain a right to attach order, the plaintiff must prove it is more likely than not that the plaintiff will obtain a judgment against the defendant on the claim on which it seeks an attachment, and that claim must be either a claim for money based on contract or a claim for elder abuse. (CCP 481.190, 483.010; Welf. &… Read More
