A husband and wife, through their LLC, purchased commercial property in California. The existing tenant was struggling to make monthly payments under the lease and the new owner served a three-day notice leading to an unlawful detainer action.
The tenant eventually vacated the premises and surrendered possession of the property. However, during their move, the tenants damaged the floors and walls. Attlesey | Storm filed an action for waste seeking unpaid rent, future rent, repair costs and operating expenses totaling approximately $1 million.
Thereafter, Attlesey | Storm filed an application for a writ of attachment. After hearing testimony and receiving evidence at the hearing, the arbitrator found the landlord and showing it would more likely than not prevail at trial and issued a writ for $250,000. The cases subsequently settled.