Judge: Martha K. Gooding, Case: 2022-01258376, Date: 2022-10-17 Tentative Ruling

Application for Right to Attach Order/Writ of Attachment

On its own motion, the Court continues Plaintiff’s application for an order issuing a prejudgment writ of attachment to December 19, 2022, in Department C31 at 1:30 pm.

The Court recently signed the orders submitted by Plaintiff for service by publication. 

Service is not complete until the 28^th day following the first day of publication. (Code Civ. Proc., § 415.50(c); Gov. Code § 6064; see Watts v. Crawford (1995) 10 Cal.4th 743, 747.)  Thereafter, Defendant has 30 days within which to respond.

As a result, this hearing is continued until after service is complete and Defendant’s time to respond has expired.  Plaintiff shall advise the Court at the hearing if (1) based on the publication dates for service of summons by publication, Plaintiff believes December 19, 2022, is far enough in the future to ensure that Defendants’ deadline to respond to the summons and complaint will have expired; and (2) the date is available on counsel’s calendar.

Plaintiff shall give notice.