Judge Curtis A. Kin, Case Number: 24STCV14997, Date: 2024-09-26 Tentative Ruling

Judge: Curtis A. Kin, Case: 24STCV14997, Date: 2024-09-26 Tentative Ruling

Case Number: 24STCV14997 Hearing Date: September 26, 2024 Dept: 86

APPLICATIONS (3) FOR WRIT OF POSSESSION

Date: 9/26/24 (1:30 PM)

Case: Premier Trailers, LLC v. Maxum Direct Transport, Inc. et al. (24STCV14997)

TENTATIVE RULING:

Plaintiff Premier Trailers, LLC’s UNOPPOSED Applications for Writ of Possession are GRANTED.

The Court finds that plaintiff has established the probable validity of its claim to possession of the property, namely, three trailers (VINs LJRC4137XF1000244, LJRC41374F1005343, and LJRC41373F1008928).

No undertaking is required, pursuant to CCP § 515.010(b). Defendant Maxum Direct Transport, Inc. has no property interest in the trailers, as they were leased and not purchased. (Paschal Decls. ¶¶ 5-7 & Exs. B-D.)

Any lien that defendants United Container Transport, Inc., and United Clean Truck, Inc. may assert has been extinguished. Such a lien would have arisen on April 30, 2024, pursuant to Civil Code § 3068(a), when United Clean Truck, Inc. presented a written “A/R Aging Detail” from United Container Transport, Inc. listing the purported charges owed by plaintiff. (Reteguin Decls. ¶¶ 3, 4 & Exs. F, G.) The United defendants present no evidence that they applied for any authorization to conduct a lien sale or commenced a court action within 30 days after the lien arose, as required by Civil Code § 3068(b)(1). Moreover, to the extent that the amount owed exceeds the amounts set forth in Civil Code § 3068(c), such excess is invalid because the United defendants did not obtain written consent from plaintiff, the legal owner of the trailers, before storing or servicing the trailers, as required by Civil Code § 3068(c)(1). (Paschal Decls. ¶ 18.)

Pursuant to plaintiff’s request, the Court orders a redelivery bond in the amount of $50,250, comprised of the total value of the trailers at issue ($48,500), plus the maximum fees and costs allowed to Premier under Civil Code § 3068(d) ($1,750). (Paschal Decls. ¶ 4.)