Attachment 101

Santa Clara Waste Water Co. v. Allied World Nat’l Assurance Co., No B279679 (D2d6 Dec. 20, 2017)  

To obtain a pretrial writ of attachment, the plaintiff needs to make an evidentiary showing of the “probable validity” of its claims. Code Civ. Proc. §§ 484.090(a). I.e., it must be “‘more likely than not’ [that] the plaintiff will obtain a judgment on that claim.” § 481.190. An order granting an attachment is immediately appealable. § 904.1(a)(5). The Court here affirms appeal of a granted writ of attachment, because the plaintiff did, in fact, show probable validity of several of its claims.

Affirmed.