Judge: Olivia Rosales, Case: 22NWCV00185, Date: 2022-08-24 Tentative Ruling

Case Number: 22NWCV00185    Hearing Date: August 24, 2022    Dept: SEC

THE HUNTINGTON NATIONAL BANK v. PRECISION FORGING DIES, INC., et al.

CASE NO.:  22NWCV00185

HEARING:  8/24/22 @ 1:30 PM

JUDGE:  OLIVIA ROSALES

#Add-On1

TENTATIVE RULING  (**REVISED**)

The court will hear from the parties. 

Plaintiff The Huntington National Bank objects to Defendant’s Notice of Undertaking.

Defendants may defeat a writ of possession by filing an undertaking before or after the levy in an amount that is required of plaintiff or as set by the court. (CCP ¶ 515.020(a).) Counter bonding completely thwarts plaintiff's application for possession before trial, but the undertaking must be sufficient. (Edwards v. Sup.Ct. (1991) 230 Cal.App.3d 173, 178.) 

The court is in receipt of Defendant’s late request for a continuance.  However, CCP § 995.950(a) mandates, “Unless the parties otherwise agree, the hearing on an objection shall be held not less than two or more than five days after service of the notice of motion.” 

The notice of motion was served on August 17, 2022, by overnight delivery.  CCP § 1013 provides that if service is by overnight delivery, the notice period is extended by two court days.  Therefore, notice of hearing for August 24, 2022 is timely pursuant to CCP § 995.950(a), and the hearing may not be continued.

The court will hear from the parties regarding the sufficiency or insufficiency of the bond.  (CCP § 995.960(a).)