US Bank Nat. Assn. v. Cesare
Plaintiff and respondent US Bank National Association (US Bank) sued Rico Retail, LP (Rico Retail), Ron Hirji,[1] and defendants and appellants Anthony Cesare as Trustee of the Solomon Trust dated 3/19/98 (Solomon Trust)[2] and Ivano Stamegna for foreclosure of a deed of trust; and sued Hirji, Cesare, and Stamegna for breach of guaranty. Defendants appeal the trial court’s orders granting US Bank’s applications for a right to attach order and order for issuance of a writ of attachment against their property. Defendants contend the trial court erred by (1) concluding US Bank had established the probable validity of its claim because the guaranties on which it sued were sham and void, and (2) failing to order US Bank to post a bond as a condition of issuing the writ.
We conclude the trial court erred in failing to require US Bank to post a bond. We find no other error.
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