Blastrac, N.A. v. Concrete Solutions & Supply

MEMORANDUM AND ORDER DENYING PLAINTIFF’S APPLICATION FOR WRIT OF ATTACHMENT

I. INTRODUCTION

On July 1, 2009, Plaintiff Blastrac, N.A. (“Blastrac”) filed a Complaint (“Complaint”) for breach of contract against Defendant Concrete Solutions & Supply (“CSS”). On November 4, 2009, CSS filed a First Amended Answer and Counterclaim (“Answer”) alleging that Blastrac had breached the parties’ contract and asserting affirmative defenses. On November 18, 2009, Blastrac filed an Application for a Right to Attach Order (“Application”); a Memorandum of Points and Authorities (“Blastrac Memo”); and a declaration from Blastrac employee Brian Downey (“Downey Decl.”), with exhibits, in support of the Application. On De cember 1, 2009, CSS filed an Opposition to the Application; a Memorandum of Points and Authorities (“Opposition Memo”); a declaration from CSS President Alton R. Anderson (“Anderson Decl.”), with exhibits, in support of the Opposition; and evidentiary objections to the Downey Declaration. On December 8, 2009, Blastrac submitted a Reply, a further declaration, and objections to the Anderson Declaration (“Blastrac Objections”). On December 9, 2009, CSS filed objections to Blastrac’s…