Judge: Melvin D. Sandvig, Case: 24CHCV04675, Date: 2025-06-10 Tentative Ruling
Case Number: 24CHCV04675 Hearing Date: June 10, 2025 Dept: F47
Dept. F47
Date: 6/10/25
Case #24CHCV04675
2 APPLICATIONS
FOR WRITS OF ATTACHMENT
Applications filed on 12/31/24.
MOVING PARTY: Plaintiff Financial Pacific Leasing, Inc.
RESPONDING PARTY # 1: Defendant Juan A. Vasquez
RESPONDING PARTY # 2: Defendant J.J.J. Vasquez Trucking,
Inc.
RELIEF REQUESTED:
(2) A right to
attach order and writ of attachment against Defendant J.J.J. Vasquez Trucking,
Inc. with $82,473.42 as the amount to be secured by the attachment.
RULING: The applications are placed off calendar.
On 12/18/24, Plaintiff Financial Pacific Leasing, Inc.
(Plaintiff) filed this action against Defendants J.J.J. Vasquez Trucking, Inc.
and Juan A. Vasquez (collectively, Defendants) for: (1) Breach of Equipment
Finance Agreement, (2) Breach of Guaranty, (3) Account Stated and (4) Claim and
Delivery.
On 12/31/24, Plaintiff filed applications for:
(1) A right to attach order and writ of attachment
against Defendant Juan A. Vasquez with $82,473.42 as the amount to be secured
by the attachment; and
(2) A right to attach order and writ of attachment
against Defendant J.J.J. Vasquez Trucking, Inc. with $82,473.42 as the amount
to be secured by the attachment.
There are no proofs of service attached to the notices of
application for writ of attachment, the applications, the memorandum of points
and authorities and/or the declaration filed in support of the
applications.
On 12/18/24, Plaintiff filed proofs of service indicating
that each Defendant was served via substituted service on 2/16/25 with
subsequent mailing on 2/17/25 with the: Summons; Complaint, Civil Case Cover
Sheet, Civil Case Cover Sheet Addendum and Statement of Location.
No other proofs of service have been filed. As such, there is no evidence before the
Court that the applications and supporting documents have been served on
Defendants. Defendants have not opposed
or otherwise responded to the applications to cure the defects in notice.
Based on the foregoing, the applications are placed off
calendar due to lack of notice to Defendants.
Date: 6/11/25
Case #24CHCV04675
APPLICATION FOR
WRIT OF POSSESSION
Applications filed on 12/31/24.
MOVING PARTY: Plaintiff Financial Pacific Leasing, Inc.
RESPONDING PARTY: Defendant J.J.J. Vasquez
Trucking, Inc.
RELIEF REQUESTED: A writ of
possession regarding a 2014 Peterbilt 367 VIN #1XPTD49X7ED237155 with a fair
market value of $41,000.00.
RULING: The application is placed off calendar.
On 12/18/24, Plaintiff Financial Pacific Leasing, Inc.
(Plaintiff) filed this action against Defendants J.J.J. Vasquez Trucking, Inc.
and Juan A. Vasquez (collectively, Defendants) for: (1) Breach of Equipment
Finance Agreement, (2) Breach of Guaranty, (3) Account Stated and (4) Claim and
Delivery.
On 12/31/24, Plaintiff filed an application for a writ of
possession against Defendant J.J.J. Vasquez Trucking, Inc. regarding a 2014
Peterbilt 367 VIN #1XPTD49X7ED237155 with a fair market value of $41,000.00.
There are no proofs of service attached to the notice of
application for writ of possession, the application, the memorandum of points
and authorities and/or the declaration filed in support of the
application.
On 12/18/24, Plaintiff filed proofs of service indicating
that each Defendant was served via substituted service on 2/16/25 with
subsequent mailing on 2/17/25 with the: Summons; Complaint, Civil Case Cover
Sheet, Civil Case Cover Sheet Addendum and Statement of Location.
No other proofs of service have been filed. As such, there is no evidence before the
Court that the application and supporting documents have been served on
Defendant J.J.J. Vasquez Trucking, Inc. No opposition or other response to the
application has been filed to cure the defect in notice.
Based on the foregoing, the application is placed off
calendar due to lack of notice to Defendant J.J.J. Vasquez Trucking, Inc.