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Radiator Express Warehouse, Inc. v. Spectra/Premium Industries

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 2, 2009

RADIATOR EXPRESS WAREHOUSE, INC., PLAINTIFF,
v.
SPECTRA/PREMIUM INDUSTRIES, INC., DEFENDANT.
SPECTRA PREMIUM INDUSTRIES, INC., COUNTERCLAIMANT,
v.
RADIATOR EXPRESS WAREHOUSE, COUNTERCLAIM-DEFENDANT.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

MEMORANDUM AND ORDER

Defendant and Counterclaimant Spectra Premium Industries, Inc. ("Spectra"), filed the underlying breach of contract counterclaim against Radiator Express Warehouse, Inc. ("Radiator Express").

On December 24, 2008, Spectra filed the instant Application for Right to Attach Order and for Issuance of Writ of Attachment and Temporary Protective Order ("Application"). In accordance with California Code of Civil Procedure § 484.020(e), Spectra seeks attachment of "all corporate property which is subject to attachment pursuant to subdivision (a) of Code of Civil Procedure Section 487.010."

Radiator Express consented in part and opposed in part Spectra's Application, conceding to the issuance of a Writ of Attachment, but objecting to, inter alia, lack of specificity in the property Spectra seeks to attach.

In light of Plaintiffs' concession to the granting of the Writ of Attachment, the Court is inclined to grant Spectra's Application. However, while the Court is aware that the Application complies in general terms with the statutorily prescribed property description, for practical purposes, the Court will not entertain such a vague request. Thus, Spectra is ordered to file a supplement to its current Application describing the specific property it seeks to attach. If no such supplement is filed by 12:00 p.m. on Thursday, February 5, 2009, Plaintiffs' Application will be denied and the hearing currently scheduled for 9:00 a.m. on Friday, February 6, 2009, will be vacated.

IT IS SO ORDERED.

20090202

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