CALIFORNIA RETAIL PORTFOLIO FUND GMBH & CO. KG v. HOPKINS REAL ESTATE GROUP








Filed 3/22/11





CERTIFIED FOR PUBLICATION


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

CALIFORNIA RETAIL PORTFOLIO FUND GMBH & CO. KG, Plaintiff and Respondent, v. HOPKINS REAL ESTATE GROUP, Defendant and Appellant.	B224000 (Los Angeles County Super. Ct. No. BS124966)

APPEAL from an order of the Superior Court of Los Angeles County. Barbara Meiers, Judge. Affirmed.


Nemecek & Cole, Jonathan B. Cole, D. Wayne Jeffries and Susan S. Baker for Defendant and Appellant.


DLA Piper US, Robert J. Odson and John D. Spurling for Plaintiff and Respondent.


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Hopkins Real Estate Group (Hopkins Group) appeals from the trial court's order authorizing a writ of attachment for California Retail Portfolio Fund (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, California Retail began arbitration proceedings pursuant to the partnership agreement's arbitration provision.[1]
Under Code of Civil Procedure section 1281.8, parties to arbitration proceedings may apply to the superior court for writs of attachment and other provisional remedies if, in addition to the usual requirements for such remedies, an award to the petitioner â€