California Retail Portfolio Fund Gmbh & Co. Kg v. Hopkins Real Estate Group

Hopkins Real Estate Group (Hopkins Group) appeals from the trial court’s order authorizing a writ of attachment for California Retail Portfolio Fund GMBH & Co. KG (California Retail) in connection with California Retail’s arbitration proceeding against the Hopkins Group for breach of a real estate joint venture agreement. Because there was substantial evidence that an award for California Retail might be rendered ineffectual without a writ of attachment, we affirm the order.

FACTS AND PROCEDURAL HISTORY

California Retail is a German limited partnership that entered into a partnership agreement with the Hopkins Group by which California Retail invested more than $5.5 million in five Southern California area shopping centers. The partnership agreement provided that California Retail would receive an annual payment of $582,000 every June 30 from 2006 through 2010. When the Hopkins Group failed to make the first two annual payments, *853 California Retail began arbitration proceedings pursuant to the partnership agreement’s arbitration provision.

Under Code of Civil Procedure section 1281.8, parties to arbitration proceedings may apply to the superior court for writs of…