Judge: Frank M. Tavelman, Case: 22BBCV00086, Date: 2022-10-25 Tentative Ruling

Case Number: 22BBCV00086    Hearing Date: October 25, 2022    Dept: A

LOS ANGELES SUPERIOR COURT

NORTH CENTRAL DISTRICT - BURBANK

DEPARTMENT A

APPLICATIONS FOR WRIT OF ATTACHMENT AND WRIT OF POSSESSION

MP:     FINANCIAL PACIFIC LEASING, INC. (Plaintiff)

RP:      NONE

SUMMARY OF RULING:

Applications for Writ of Attachment and Writ of Possession are taken off calendar due to lack of statutory compliance.

BRIEF HISTORY:

The complaint was filed on February 9, 2022.  To date, no proof of service has been filed. The application for Writ of Attachment and Writ of Possession were files on February 14, 2022.  To date, no proof of service as to these documents have been filed.

ANALYSIS:

Law:

CCP §484.010.  

Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article for a right to attach order and a writ of attachment by filing an application for the order and writ with the court in which the action is brought.

CCP §484.040.  

No order or writ shall be issued under this article except after a hearing. At the times prescribed by subdivision (b) of Section 1005, the defendant shall be served with all of the following: (a) A copy of the summons and complaint. (b) A notice of application and hearing. (c) A copy of the application and of any affidavit in support of the application.

CCP §512.010 (a) Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a writ of possession by filing a written application for the writ with the court in which the action is brought.

CCP §512.030.  

(a) prior to the hearing required by subdivision (a) of section 512.020, the defendant shall be served with all of the following: (1) a copy of the summons and complaint. (2) a notice of application and hearing. (3) a copy of the application and any affidavit in support thereof.

Discussion:

CCP §§ 484.040 and 512.030 requires that prior to any order or writ issuing, the defendant shall be served with all of the following:  copy of the summand and complaint, notice of application and hearing, and a copy of the application and affidavit in support thereof.  None of these documents have been served on the defendants.  Plaintiff has not filed any declarations concerning the inability to serve defendants nor sought proof of service by publication.

Conclusion:

The Plaintiff has not met the statutory requirement to proceed to a hearing.  The applications for Writ of Attachment and Writ of Possession are taken off calendar due to insufficient service.   Plaintiff may re-notice those matters after defendants are served.

OSC In Re Proof of Service is continued to February 1, 2022 at 9:00 a.m.  A Case Management Conference will be scheduled for the same date and time.

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RULING:

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records.

ORDER

Applications for Writs of Attachment and Possession came on regularly for hearing on October 25, 2022, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows:

THE APPLICATION FOR WRIT OF ATTACHMENT IS OFF CALENDAR.

THE APPLICATION FOR WRIT OF POSSESSION IS OFF CALENDAR.

PLAINTIFF TO GIVE NOTICE.

IT IS SO ORDERED.

DATE:   October 25, 2022                            _______________________________

                                                                        F.M. TAVELMAN, Judge

                                                                        Superior Court of California

County of Los Angeles