United Central Bank v. Superior Court

Good Law
101 Cal. Rptr. 3d 395·179 Cal. App. 4th 212·2009 Cal. App. LEXIS 1832
Court of Appeal of CaliforniaOctober 19, 2009G042247California1,078 words

Opinion

Opinion

Rylaarsdam, J.

Petitioner United Central Bank (the Bank) seeks extraordinary relief from an order denying its motion for a right to attach order and issuance of a writ of attachment. Finding plain error, we issue a peremptory writ of mandate in the first instance directing the trial court to vacate its order denying the motion and to conduct a new hearing to determine if the Bank has made the showing necessary for issuance of a right to attach order under Code of Civil Procedure section 484.090.

I

Background

In 2007 and 2008, real party in interest Louisa H.Y. Chang (Chang) provided three personal guaranties to the Bank as additional credit support for three construction loans the Bank made to another party (the borrower). The aggregate principal amount of the three loans was approximately $4 million. Though the three construction loans were secured by deeds of trust on real property, the guaranties were not secured by any interest in real property. In each of the guaranties, Chang waived the right to require the Bank, in the event of the borrower’s default, to proceed first against the borrower or against the real property security for the loan.

Beginning in December 2008, the…

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