Judge: Loren G. Freestone, Case: 37-2023-00021532-CU-BC-CTL, Date: 2023-10-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 28, 2023

09/29/2023  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2023-00021532-CU-BC-CTL FINANCIAL PACIFIC LEASING INC VS G F FREIGHT CORPORATION [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Plaintiff Financial Pacific Leasing Inc. applications for right to attach orders and writs of attachment are DENIED.

A noticed motion is generally required to obtain a right to attach order and writ of attachment. (Code Civ. Proc., § 484.040.) Prior to the hearing the defendant must be served with (1) a copy of the summons and complaint, (2) a notice of application and hearing, and (3) a copy of the application and supporting affidavits. (Ibid.) If the plaintiff 'has failed to comply with Section 484.040, the court may either deny the application for the order or, for good cause shown, grant the plaintiff a continuance for a reasonable period.' (Id. at § 484.080, subd. (a).) Here, there is no proof of service for either the complaint or the application. Financial Pacific did not file a request for continuance, supported by a showing of good cause, in advance of the hearing. As such, the applications are denied.

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