Judge: Curtis A. Kin, Case: 24STCP23594, Date: 2024-11-21 Tentative Ruling

Case Number: 24STCP23594    Hearing Date: November 21, 2024    Dept: 86

APPLICATION FOR WRIT OF POSSESSION

Date:               11/21/24 (1:30 PM) (cont’d from 10/31/24)

Case:               PNC Bank, National Association v. LJ Logistics, Inc., et al.

(24STCV23594) 

TENTATIVE RULING:

On 10/31/24, the Court issued a tentative ruling denying the Application for Writ of Possession with respect to defendant Justrich because there was no proof service indicating that the application for writ of possession and supporting documents were served, as required by CCP § 512.030(a)(2) and (a)(3). (10/31/24 Minute Order.) The Proof of Service of Summons filed on 9/25/24 indicated that the process server served copies of the Summons, Verified Complaint, and “See List of Additional Documents” on defendant Justrich. No list of additional documents was attached to the proof of service.

The Court continued the application as to defendant Justrich for further hearing. (10/31/24 Minute Order.) On 10/31/24, plaintiff PNC Bank, National Association filed an amended Proof of Service of Summons indicating that on 9/24/24 by substitute service, defendant Justrich was served the Summons, Verified Complaint, and “See List of Additional Documents.” The attached list of documents included the Application for Writ of Possession and supporting documents. Accordingly, the Court rules as follows:

Plaintiff PNC Bank, National Association’s UNOPPOSED Application for Writ of Possession with respect to defendant Lee Justrich is GRANTED. The Court finds that plaintiff has established the probable validity of its claim to possession of the property, namely, three 2022 Wabash DVLSHPC Dry Van Trailers (VINs 1JJV532D6NL336838, 1JJV532D8NL336839, and 1JJV532D4NL336840).

The Court strikes the portion of the proposed order stating that there is probable cause to believe that the subject trailers are located at 2711 N. Sepulveda Blvd., #513, Manhattan Beach, CA 90266 or “any other location known as to defendants” and that the sheriff may enter the Manhattan Beach address or “any other location known as to defendants” to take possession of the property. (Proposed Order at §§ 3(d), 5(f).) Plaintiff has not demonstrated probable cause that the trailers are at any location other than the address specified in the Loan and Security Agreement, i.e., 19129 S. Hamilton, Gardena, CA 90248. (McGinley Decl. ¶ 5 & Ex. 1.)

No undertaking is required. The amount owed ($119,732.34) exceeds the market value of the trailers ($75,000 total). (CCP § 515.010; McGinley Decl. ¶¶ 9, 20, 21 & Ex. 3.)

Redelivery bond is ordered. The written undertaking required by defendant Justrich for redelivery or to stay delivery is in the amount of $25,000 for each trailer, based on the current fair market value of each of the three trailers. (McGinley Decl. ¶ 20.) Plaintiff requests the redelivery bond to include its litigation costs, but the fair market value is sufficient to protect plaintiff’s interest in the trailers.

Accordingly, the Court will sign the Proposed Order respect to defendant Lee Justrich, electronically received 9/18/24, with the modifications discussed herein.