Judge: Curtis A. Kin, Case: 23STLC07468, Date: 2024-04-02 Tentative Ruling

Case Number: 23STLC07468    Hearing Date: April 2, 2024    Dept: 82

APPLICATIONS (3) FOR WRIT OF POSSESSION

Date:               4/2/24 (1:30 PM) 

Case:               Ally Bank v. National Transportation Inc. et al. (23STLC07468) 

TENTATIVE RULING:

With respect to defendants National Transportation Inc., John Eldon Kindt, and Jim Gleich, the UNOPPOSED Applications for Writ of Possession by plaintiff Ally Bank are DENIED. Under CCP § 512.030, prior to the hearing on an application for a writ of possession, the defendant “shall be served” with specific documents, including the Summons and Complaint, the Notice of Application and Hearing, and a copy of the application and any affidavits. Plaintiff has neither filed any proofs of service of the foregoing with the Court nor attached proofs of service to the filed documents. Because plaintiff has failed to provide proof of service on defendants as required, the applications cannot be granted.