Pos-A-Traction, Inc. v. Kelly-Springfield Tire Co.

MEMORANDUM DECISION AND ORDER GRANTING APPLICATION FOR RIGHT TO ATTACH ORDER

On April 16, 1999, counterclaimant THE KELLY-SPRINGFIELD TIRE COMPANY filed a Notice of Application for Right to Attach Order and Writs of Attachment; Application for Right to Attach Order and Order for Issuance of Writ of Attachment, with supporting exhibits; and Notice of Motion and Motion for Right to Attach Order and Issuance of Writ of Attachment, with supporting memorandum of points and authorities, declarations of Frank Perry and Sam S. Oh, and exhibits. To secure its counterclaim against counterdefendant Jay Krech (“Krech”) in the principal amount of $2,674,550.65, plus estimated costs of $2,500.00 and attorney’s fees of $56,761.01, for a total amount of $2,733,-811.66, counterclaimant Kelly seeks the issuance of a right to attach order and writs of attachment against Krech’s interests in six parcels of real property. Mr. Krech filed an Opposition Jo Kelly’s application on May 20, 1999. In his opposition, Krech requests a continuance of the hearing on Kelly’s application, arguing that his counsel will be out of town from May 14 to June 1, 1999, and that his counsel was misled by Kelly’s counsel…