Problem: Our client was being threatened with a lawsuit. After reviewing the facts, the documents and the applicable law, we determined that he not only had good defenses, but also a counterclaim of his own for significant damages. We sent a demand letter that failed to resolve the dispute. We knew we had to file a lawsuit to get the result we wanted. But we were dealing with a sophisticated defendant who we knew could, and most likely would, try to hide its assets as soon as we filed our complaint. Our main objectives, therefore, became those mentioned above: (1) win; (2) win quickly; (3) win inexpensively, and; (4) make sure that when we win, there’s money to collect on the other side.
"Great or irreparable injury” is inferred where plaintiff's affidavits show the property sought to be attached may be “concealed, substantially impaired in value, or otherwise made unavailable to levy.” See CCP § 485.010 (a)(1). We demonstrated to the court that defendant was a sophisticated real estate investor who had the knowledge, motivation and ability to put its assets beyond our reach if she had prior notice of our application for writ of attachment.